ARM 12.7.603. DEFINITIONS

For the purposes of this subchapter, the following definitions apply: (1) “Adjacent streams or lakes” or “adjacent waters” means any stream, lake, or other body of water which could receive water from the pond due to overflow, breach, release, or other means. (2) “Appropriate beneficial use” means a purpose of “fisheries” or “fish and wildlife” are included as a beneficial use of the water right. (3) “Artificial means” includes, but is not limited to, the diversion of water, the excavation and/or placement of fill, and/or addition of membranes or other materials to control the volume of water at a site. (4) “Associated water right” is a water right as defined in 85-2-102, MCA, that includes an appropriate beneficial use and a reservoir record associated with the legal land description, the surface area, and capacity of the pond to be licensed. (5) “Floodplain” is the area mapped by the Department of Natural Resources and Conservation as having a 1% annual chance of flooding. (6) “Instream pond” is a naturally occurring pond not created by artificial means. (7) “Invasive species” has the meaning provided in 80-7-1003, MCA. (8) “Lawfully controls” means to control the bed of the pond and all land abutting the shores of the pond through written agreement with the owner. (9) “Owns” or “owner” means to hold in fee title the bed of the pond and all land abutting the shores of the pond. (10) “Pathogens” are designated in ARM 12.7.502. (11) “Tributary spring or stream” is a naturally occurring water source immediately adjacent to or within the pond. (12) “Unacceptable risk” or “risk of introduction” includes, but is not limited to, a high likelihood of escapement from a private pond to adjacent waters.