The Fish, Wildlife and Parks Commission (commission) has determined the following reasons justify the adoption of a temporary emergency rule: (a) A state engineer inspected a dam on Alder Creek upstream of the Vigilante Kids' Fishing Pond and picnic area on May 21, 2009 and determined that the dam is in a "state of imminent failure". (b) A combination of factors including runoff from above average snow pack, a small stream flooding advisory that is in effect, and the lack of an existing spill way around the dam could make water levels rise rapidly and make the area below the dam unsafe for public use. (c) Vigilante Kids' Fishing Pond is designated as a children's fishing water and is open only to anglers 14 years of age and younger. Due to the flood danger, possible rapid increase of the water level and the age of the anglers allowed to fish in the pond, this situation constitutes an imminent peril to public health, safety, and welfare, and this threat cannot be averted or remedied by any other administrative act, the commission adopts the following temporary emergency rule. The emergency rule will be sent as a press release to newspapers throughout the state. Also, signs informing the public of the closure will be posted at access points. The rule will be sent to interested parties, and published as a temporary emergency rule in Issue No. 11 of the 2009 Montana Administrative Register.
Jessica Fitzpatrick 1420 East Sixth Avenue PO Box 200701 Helena MT 59620-0701
The public comment period for this public notice ended on Monday, July 6, 2009.