BEFORE THE DEPARTMENT OF NATURAL RESOURCES

AND CONSERVATION OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 36.12.101, 36.12.102, 36.12.103, 36.12.115 and the adoption of New Rules I and II regarding water right combined appropriation

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NOTICE OF DECISION ON PROPOSED AMENDMENT AND ADOPTION

 

To: All Concerned Persons

 

1.  On December 26, 2013, the Department of Natural Resources and Conservation published MAR Notice No. 36-22-176 pertaining to the public hearing on the proposed amendment and adoption of the above-stated rules at page 2389 of the 2013 Montana Administrative Register, Issue Number 24.

 

2. The department canceled the public hearing on the proposed amendment and adoption of the above-stated rules that was scheduled for January 23, 2014, at 10:00 a.m., at the Department of Natural Resources and Conservation in the Fred Buck Conference Room (bottom floor), Water Resources Building, 1424 Ninth Avenue, Helena, Montana.   

 

            3.  On January 9, 2014, the Environmental Quality Council objected pursuant to 2-4-305(9), MCA, to the above-stated proposed rulemaking amending the department’s definition of "combined appropriation" in ARM 36.12.101(13).

 

            4. The department previously proposed an amendment to the definition of "combined appropriation" in ARM 36.12.101(13) in MAR Notice No. 36-22-175. The Environmental Quality Council also objected to this proposed rule, under 2-4-305(9), MCA, by letter dated September 13, 2013. The department published a notice of decision to withdraw this proposed rulemaking on November 14, 2013.

 

5. Given the objection by the Environmental Quality Council on this noticed proposed rulemaking in combination with similar action on the previous MAR Notice on this same matter (MAR Notice No. 36-22-175), the department finds that any further attempt at rulemaking regarding the definition of "combined appropriation" is futile at this time and sees no option moving forward. Therefore the department shall not proceed with amending or adopting the rules as proposed but shall withdraw this proposal notice. 

 

/s/ John E. Tubbs                                                                /s/ Anne Yates         

John E. Tubbs                                                                     Anne Yates

Director                                                                               Rule Reviewer                    

Natural Resources and Conservation                                                                                                                                                                                                    

Certified to the Secretary of State January  21, 2014.