BEFORE THE DEPARTMENT OF NATURAL RESOURCES

AND CONSERVATION OF THE STATE OF MONTANA

To: All Concerned Persons

1. On March 26, 2007, the Department of Natural Resources and Conservation amended the above-stated rule per order of the Montana First Judicial District Court, Lewis and Clark County.

2. The purpose of the amendment is to comply with the Decision and Order, Lohmeier et al. v. State of Montana, Department of Natural Resources and Conservation, Cause No. ADV-2006-454, Montana First Judicial District Court, Lewis and Clark County (March 26, 2007), which reinstated the municipal definition rule that was repealed June 2, 2006.

3. The rule is amended as follows, reinstated matter underlined:

36.12.101 DEFINITIONS Unless the context requires otherwise, to aid in the implementation of the Montana Water Use Act and as used in these rules:

(1) through (38) remain the same.

(39) "Municipal use" means water appropriated by and provided for those in and around a municipality or an unincorporated town.

(39) through (77) remain the same, but are renumbered (40) through (78).

AUTH: 85-2-113, MCA

IMP: 85-2-113, 85-2-301 through 85-2-319, 85-2-321 through 85-2-323, 85-2-329 through 85-2-331, 85-2-335 through 85-2-338, 85-2-340 through 85-2-344, 85-2-350, 85-2-351, 85-2-401, 85-2-402, 85-2-407, 85-2-408, 85-2-410 through 85-2-413, 85-2-415 through 85-2-419, 85-2-436, 85-2-437, 85-2-439, 85-2-501 through 85-2-514, 85-2-518, 85-2-520, MCA

DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION

/s/ Mary Sexton                                                                         /s/ Tim Hall

MARY SEXTON                                                                       Rule Reviewer

Director

Natural Resources and Conservation

Certified to the Secretary of State on April 16, 2007.