85-2-506. Controlled ground water areas -- designation or modification. (1) The department may designate or modify controlled ground water areas as provided in this part.
     (2) Designation or modification of an area of controlled ground water use may be proposed to the department on its own motion, by petition of a state or local public health agency for identified public health risks, or by petition signed by at least 20 or one-fourth of the users, whichever is the lesser number, of ground water in a ground water area in which there are alleged to be facts showing that:
     (a) ground water withdrawals are in excess of recharge to the aquifer or aquifers within the ground water area;
     (b) excessive ground water withdrawals are very likely to occur in the near future because of consistent and significant increases in withdrawals from within the ground water area;
     (c) significant disputes regarding priority of rights, amounts of ground water in use by appropriators, or priority of type of use are in progress within the ground water area;
     (d) ground water levels or pressures in the area in question are declining or have declined excessively;
     (e) excessive ground water withdrawals would cause contaminant migration;
     (f) ground water withdrawals adversely affecting ground water quality within the ground water area are occurring or are likely to occur; or
     (g) water quality within the ground water area is not suited for a specific beneficial use defined by 85-2-102(4)(a).
     (3) When a proposal is made, the department shall fix a time and place for a hearing, which may not be less than 90 days from the making of the proposal. The place for the hearing must be within or as close as practical to the controlled ground water area.
     (4) The department shall publish a notice of the hearing, setting forth:
     (a) the names of the petitioners;
     (b) the description by legal subdivisions (section, township, range) of all lands included in or proposed to be included in the ground water area or subarea;
     (c) the purpose of the hearing; and
     (d) the time and place of the hearing where any interested person may appear, either in person or by attorney, file written objections to the granting of the proposal, and be fully heard.
     (5) (a) The notice of hearing must be published at least once each week for 3 successive weeks not less than 30 days before the date of the hearing in a newspaper of general circulation in the county or counties in which the ground water area or subarea is located. The department shall also cause a copy of the notice, together with a copy of the petition, to be served by mail, not less than 30 days before the hearing, upon:
     (i) each well driller licensed in Montana whose address is within any county in which any part of the area in question is located;
     (ii) each person or public agency known from an examination of the records in the department's office to be a claimant or appropriator of ground water in the area in question;
     (iii) the bureau; and
     (iv) the mayor or presiding officer of the governing body of each incorporated municipality located in whole or in part within the proposed ground water area.
     (b) The department may also serve notice upon any other person or state or federal agency that the department feels may be interested in or affected by the proposed designation or modification of a controlled ground water area. The petition need not be served on any petitioner. A copy of the notice, together with a copy of the proposal, must be mailed to each person at the person's last-known address, and service is complete upon depositing it in the post office, postage prepaid, addressed to each person on whom it is to be served. Publication and mailing of the notice as prescribed in this section, when completed, is considered to be sufficient notice of the hearing to all interested persons.
     (c) As used in subsection (5)(a), "claimant or appropriator" means a person who diverts, impounds, or withdraws ground water and not merely a person who uses or obtains ground water from another person who diverts, impounds, or withdraws ground water.

     History: En. Sec. 4, Ch. 237, L. 1961; amd. Sec. 168, Ch. 253, L. 1974; R.C.M. 1947, 89-2914; amd. Sec. 2, Ch. 561, L. 1979; amd. Sec. 1, Ch. 189, L. 1985; amd. Sec. 4, Ch. 460, L. 1993; amd. Sec. 460, Ch. 418, L. 1995; amd. Sec. 13, Ch. 391, L. 2007.