reglab/housing_qa huggingface dataset:
MT Code § 85-1-703 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 1. Water Resources|Part 7. Water Storage Policy|85-1-703. Water storage policy

  85-1-703. Water storage policy. (1) The legislature recognizes that water resource needs are growing, existing water facilities are aging and in need of repair, and new water storage projects have become more difficult to complete. Other types of action will be needed to solve many emerging problems, but if water storage is the best way to meet growing water needs and solve problems, then it should be actively pursued.   (2) In determining the best solution for a particular water management problem, the state shall:   (a) carefully define the problem;   (b) identify all options to solve the problem, including water storage;   (c) determine whether water is physically and legally available to solve the problem; and   (d) select the option that best meets the following criteria:   (i) technical feasibility;   (ii) financial feasibility;   (iii) economic feasibility;   (iv) political feasibility;   (v) legal feasibility; and   (vi) environmental feasibility.   History: En. Sec. 3, Ch. 659, L. 1991.
MT Code § 85-1-704 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 1. Water Resources|Part 7. Water Storage Policy|85-1-704. Prioritization of water storage projects -- governor's report

  85-1-704. Prioritization of water storage projects -- governor's report. (1) The governor shall submit to the legislature a report in accordance with 5-11-210 identifying specific water storage projects proposed for development, including the rehabilitation of existing projects and new project proposals. The report must contain:  (a) a list of water storage project priorities;   (b) an implementation strategy for each priority project that identifies the resources (including specific budget requests), government actions, and other actions needed to accomplish the project; and   (c) a progress report on the development of water storage projects during the previous 2 years.   (2) In setting priorities among new water storage projects, the governor shall consider whether a project:   (a) solves a severe water problem;   (b) provides multiple uses and benefits;   (c) provides for public uses;   (d) shows strong evidence of broad citizen support;   (e) is able to obtain nonstate sources of funding;   (f) protects and seeks to enhance social, ecological, cultural, and aesthetic values;   (g) improves local and state economic development;   (h) could resolve Indian and federal reserved water rights issues;   (i) supports water conservation activities; and   (j) promotes the use of water reserved under Montana law.   (3) In setting priorities among water storage rehabilitation projects, the governor shall consider whether the project:   (a) is needed to protect public safety;   (b) has impacts if not repaired or rehabilitated; and   (c) accomplishes the goals listed in subsections (2)(a) through (2)(j).   (4) In establishing budget priorities for the allocation of state water storage development funds:   (a) first preference must be given to projects that resolve threats to life and property posed by high-hazard facilities that are in an unsafe condition;   (b) second preference must be given to projects that improve or expand existing water storage facilities; and   (c) third preference must be given to the planning and construction of new water storage facilities.   History: En. Sec. 4, Ch. 659, L. 1991; amd. Sec. 117, Ch. 261, L. 2021.
MT Code § 85-1-801 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 1. Water Resources|Part 8. Lease Management Program|85-1-801. Statement of policy

  85-1-801. Statement of policy. It is the policy of the state that in the interest of accomplishing a self-supporting program from the leasing of project lands, the project lands must be appraised by the department at least once during the term of each lease. The purpose of the appraisals is to determine the lease value of project lands and the general condition of the lands.   History: En. Sec. 1, Ch. 301, L. 1995.
MT Code § 85-1-802 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 1. Water Resources|Part 8. Lease Management Program|85-1-802. Leases authorized

  85-1-802. Leases authorized. (1) The department may lease all project lands appurtenant to a state-owned water project for purposes that the department considers appropriate.   (2) A lease of project lands to the department of fish, wildlife, and parks for public recreational use may not exceed 30 years. Other leases of project lands may not exceed 10 years.   History: En. Sec. 2, Ch. 301, L. 1995; amd. Sec. 1, Ch. 121, L. 1999.
MT Code § 85-1-803 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 1. Water Resources|Part 8. Lease Management Program|85-1-803. Rulemaking

  85-1-803. Rulemaking. The department may adopt rules necessary to implement and administer the leasing of project lands. These rules may include but are not limited to rules governing the:   (1) growing of crops or grazing of livestock;   (2) establishment of responsibility for a lessee to pay the assessment of taxes for weed control;   (3) acquisition and use of water on project lands;   (4) leasing of project lands, except for lease renewals and transfers, by competitive bidding and the establishment of bid procedures and bid deposits;   (5) process for giving notice and for cancellation, termination, and renewal of leases, including existing leases on project lands;   (6) general form of the lease and the form and conditions of a bond when the department considers a bond necessary;   (7) changes or modifications in lease conditions or lease use; and   (8) placement and removal of improvements directly related to the necessary use of the project lands.   History: En. Sec. 3, Ch. 301, L. 1995.
MT Code § 85-1-804 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 1. Water Resources|Part 8. Lease Management Program|85-1-804. Appraisal of project lands -- adjustment of lease fee

  85-1-804. Appraisal of project lands -- adjustment of lease fee. The department shall appraise project lands owned by the department and shall maintain records of the appraisals. Not less than once during the term of a lease, the department shall reappraise the project lands and adjust the lease fee accordingly. The department may not increase a lease fee for a current lessee more than 2% a year during any period of 10 consecutive years.   History: En. Sec. 4, Ch. 301, L. 1995.
MT Code § 85-1-805 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 1. Water Resources|Part 8. Lease Management Program|85-1-805. Full market value required

  85-1-805. Full market value required. The department shall determine the full market value of project lands. The department may not accept a bid that is below full market value.   History: En. Sec. 5, Ch. 301, L. 1995.
MT Code § 85-1-806 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 1. Water Resources|Part 8. Lease Management Program|85-1-806. Withdrawal of lands from leasing

  85-1-806. Withdrawal of lands from leasing. The department may withdraw project lands from leasing for a period of time as the department determines to be in the best interest of the state.   History: En. Sec. 6, Ch. 301, L. 1995.
MT Code § 85-1-807 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 1. Water Resources|Part 8. Lease Management Program|85-1-807. Assignment of leases -- subleasing not allowed

  85-1-807. Assignment of leases -- subleasing not allowed. (1) A lease of project lands may be assigned on forms prescribed by the department. An assignment is not binding on the department unless the assignment is filed with and approved by the department. An assignment fee must be paid to the department at the time of filing the assignment.   (2) The department may not approve a contingent or collateral assignment of a lease.   (3) A lease may not be subleased.   History: En. Sec. 7, Ch. 301, L. 1995.
MT Code § 85-1-808 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 1. Water Resources|Part 8. Lease Management Program|85-1-808. Changes in lease use not authorized -- cancellation

  85-1-808. Changes in lease use not authorized -- cancellation. (1) During the term of a lease, the use of the project lands may not be changed. A change in the use of the lands automatically voids the lease.   (2) The department may cancel a lease for any of the following causes:   (a) fraud, misrepresentation, or concealment of facts relating to issuance of the lease, which if known would have prevented its issuance in the form or to the party issued;   (b) subleasing project lands;   (c) placing of unauthorized improvements on project lands;   (d) using the lands for purposes other than those authorized by the lease;   (e) conviction of the lessee for a felony offense involving a dangerous drug, as defined in Title 50, chapter 32, and involving the planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, or concealing of a dangerous drug on any portion of the lands;   (f) nonpayment of rental fees;   (g) violation of a lease condition;   (h) other causes that in the judgment of the department make the cancellation of the lease necessary in order to do justice to all parties concerned or to protect the interests of the state.   (3) Cancellation of a lease under this section does not entitle the lessee to a refund of rentals paid or exempt the lessee from the payment of rentals, penalties, or other compensation due the state.   History: En. Sec. 8, Ch. 301, L. 1995.
MT Code § 85-1-809 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 1. Water Resources|Part 8. Lease Management Program|85-1-809. Improvements authorized -- no compensation -- removal

  85-1-809. Improvements authorized -- no compensation -- removal. (1) A lessee of project lands may place on the lands a reasonable amount of improvements directly related to the necessary use of the lands as provided in the lease.   (2) The department is not liable to pay compensation to a lessee or a former lessee for improvements made to project lands.   (3) A former lessee is responsible to reclaim project lands to the condition existing prior to the placement of the improvements. If the former lessee fails to remove the improvements from the land within 60 days from the date of the expiration of the lease, all of the improvements become the property of the department unless the department for good cause extends the time for removal of the improvements. The department may require a former lessee to remove improvements made by the former lessee from project lands at the former lessee's expense.   History: En. Sec. 9, Ch. 301, L. 1995.
MT Code § 85-1-810 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 1. Water Resources|Part 8. Lease Management Program|85-1-810. No pledge or mortgage of leasehold interest

  85-1-810. No pledge or mortgage of leasehold interest. A lessee of project lands may not pledge the lease or mortgage a leasehold interest in the project lands.   History: En. Sec. 10, Ch. 301, L. 1995.
MT Code § 85-1-811 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 1. Water Resources|Part 8. Lease Management Program|85-1-811. Project lands lease and sales account

  85-1-811. Project lands lease and sales account. There is established a project lands lease and sales account within the state special revenue fund of the state treasury. All sale proceeds and lease fees collected under this part must be deposited in the account to pay the department's costs and expenses in administering this part.  History: En. Sec. 11, Ch. 301, L. 1995; amd. Sec. 3, Ch. 378, L. 2021.
MT Code § 85-1-813 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 1. Water Resources|Part 8. Lease Management Program|85-1-813. Valuation of cabin or home sites and improvements

  85-1-813. Valuation of cabin or home sites and improvements. (1) (a) Prior to the sale of project lands pursuant to 85-1-812, the department shall separately determine the full market value of the land and the value of the cabin site improvements existing on the land and the value of any necessary access easement across existing state lands from the nearest public road. The appraisal must be based on comparable sales of nearby existing properties with the hypothetical condition that the state parcel to be sold is accessible for all lawful purposes. The appraisal must determine the raw undeveloped value of the parcel and the value of the cabin site improvements.  (b) (i) In determining the values required by subsection (1)(a), the department shall establish a list of at least two third-party independent appraisers available to conduct the appraisal of the land and the cabin site improvements. The department shall provide a copy of the list to the cabin or home site lessee. The lessee shall provide the department with a list of at least 50% of the appraisers from the department's list. The department shall select the appraiser to conduct the appraisal from the list provided by the lessee.   (ii) The department shall assume the proportionate cost of the appraisal of the state land valuation. The lessee shall assume the proportionate cost of the appraisal of the valuation of the cabin site improvements.   (c) The department shall disclose the results of the appraisal to the cabin or home site lessee of the land for sale and shall give that lessee notice and opportunity for an administrative hearing before the department to contest those valuations. The department shall review the arguments and evidence received at the hearing. The department shall make a final determination on the values of the land and cabin site improvements.   (2) (a) If the lessee consents to the terms and conditions of the proposed sale and the valuation of cabin site improvements, the sale must proceed utilizing the department's final determination of the values, and the lessee is obligated to transfer its interest in the cabin site improvements existing on the cabin or home site lease according to the board's final determination of their value.   (b) Nothing in this section prohibits the lessee from accepting a price for the cabin site improvements existing on the cabin or home site that is less than the department's final determination of value.   (3) For purposes of 85-1-812 and 85-1-813, "cabin site improvements" includes but is not limited to:   (a) a home or residence;   (b) outbuildings and structures;   (c) sleeping cabins;   (d) utilities;   (e) water systems;   (f) septic systems;   (g) docks; and   (h) landscaping.   History: En. Sec. 2, Ch. 378, L. 2021.
MT Code § 85-2-103 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 1. General Provisions|85-2-103. Measurement of water

  85-2-103. Measurement of water. (1) After July 1, 1899, a cubic foot of water (7.48 gallons) per second of time shall be the legal standard for the measurement of water in this state.   (2) Where water rights expressed in statutory or miner's inches have been granted, 100 statutory or miner's inches shall be considered equivalent to a flow of 2.5 cubic feet (18.7 gallons) per second, 200 statutory or miner's inches shall be considered equivalent to a flow of 5 cubic feet (37.4 gallons) per second, and this proportion shall be observed in determining the equivalent flow represented by any number of statutory or miner's inches.   (3) The provisions of this section shall not affect or change the measurement of water decreed by a court prior to July 1, 1899, but such decreed water shall be measured according to the law in force at the time such decree was made and entered.   History: (1)En. Sec. 1, p. 126, L. 1899; re-en. Sec. 4854, Rev. C. 1907; re-en. Sec. 7107, R.C.M. 1921; re-en. Sec. 7107, R.C.M. 1935; Sec. 89-817, R.C.M. 1947; (2)Ap. p. Sec. 2, p. 126, L. 1899; re-en. Sec. 4855, Rev. C. 1907; re-en. Sec. 7108, R.C.M. 1921; re-en. Sec. 7108, R.C.M. 1935; Sec. 89-818, R.C.M. 1947; Ap. p. Sec. 10, Ch. 185, L. 1907; re-en. Sec. 4877, Rev. C. 1907; re-en. Sec. 7132, R.C.M. 1921; re-en. Sec. 7132, R.C.M. 1935; Sec. 89-843, R.C.M. 1947; (3)En. Sec. 3, p. 126, L. 1899; re-en. Sec. 4856, Rev. C. 1907; re-en. Sec. 7109, R.C.M. 1921; re-en. Sec. 7109, R.C.M. 1935; Sec. 89-819, R.C.M. 1947; R.C.M. 1947, 89-817, 89-818, 89-819, 89-843(part).
MT Code § 85-2-104 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 1. General Provisions|85-2-104. Repealed

  85-2-104. Repealed. Sec. 24, Ch. 573, L. 1985.   History: En. Sec. 2, Ch. 552, L. 1979.
MT Code § 85-2-105 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 1. General Provisions|85-2-105. Water policy interim committee duties

  85-2-105. Water policy interim committee duties. (1) The water policy interim committee established in 5-5-231 shall meet as often as necessary, including during the interim between sessions, to perform the duties specified within this section.  (2) On a continuing basis, the water policy interim committee may:   (a) advise the legislature on the adequacy of the state's water policy and on important state, regional, national, and international developments that affect Montana's water resources;   (b) oversee the policies and activities of the department, other state executive agencies, and other state institutions as those policies and activities affect the water resources of the state;   (c) assist with interagency coordination related to Montana's water resources; and   (d) communicate with the public on matters of water policy as well as the water resources of the state.   (3) On a regular basis, the water policy interim committee shall:   (a) analyze and comment on the state water plan required by 85-1-203, when filed by the department;   (b) analyze and comment on the report of the status of the state's renewable resource grant and loan program required by 85-1-621, when filed by the department;   (c) analyze and comment on water-related research undertaken by any state agency, institution, college, or university;   (d) analyze, verify, and comment on the adequacy of and information contained in the water information system maintained by the natural resource information system under 90-15-305; and   (e) provide recommendations and a report, if one is written, in accordance with 5-5-216 for studies completed by the committee.   History: En. Sec. 20, Ch. 573, L. 1985; amd. Sec. 59, Ch. 112, L. 1991; amd. Sec. 31, Ch. 478, L. 1993; amd. Sec. 441, Ch. 418, L. 1995; amd. Sec. 72, Ch. 545, L. 1995; amd. Sec. 1, Ch. 45, L. 1997; amd. Sec. 1, Ch. 275, L. 1999; amd. Sec. 3, Ch. 285, L. 2009; amd. Sec. 9, Ch. 122, L. 2015; amd. Sec. 118, Ch. 261, L. 2021.
MT Code § 85-2-106 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 1. General Provisions|85-2-106. through 85-2-110 reserved

  85-2-106 through 85-2-110 reserved.
MT Code § 85-2-111 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 1. General Provisions|85-2-111. Department powers

  85-2-111. Department powers. (1) The department may:   (a) enter into agreements with federal, state, or local agencies necessary to carry out this chapter;   (b) apply for, accept, administer, and expend funds, grants, gifts, and loans from the federal government or any other public or private source for the purposes of this chapter.   (2) The department shall, pursuant to 85-20-1901 and 85-20-1902, recognize the jurisdiction of the Flathead reservation water management board over water rights, including permitting of new uses, changes of existing uses, enforcement of water right calls, and all aspects of enforcement within the exterior boundaries of the Flathead Indian reservation.   History: En. Sec. 4, Ch. 452, L. 1973; R.C.M. 1947, 89-868(2); amd. Sec. 4, Ch. 294, L. 2015.
MT Code § 85-2-112 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 1. General Provisions|85-2-112. Department duties

  85-2-112. Department duties. The department shall:   (1) enforce and administer this chapter and rules adopted under 85-2-113, subject to the powers and duties of the supreme court under 3-7-204;   (2) prescribe procedures, forms, and requirements for applications, permits, certificates, claims of existing rights, and proceedings under this chapter and prescribe the information to be contained in any application, claim of existing right, or other document to be filed with the department under this chapter not inconsistent with the requirements of this chapter;   (3) establish and keep in its Helena office a centralized record system of all existing rights and a public record of permits, certificates, claims of existing rights, applications, and other documents filed in its office under this chapter;   (4) cooperate with, assist, advise, and coordinate plans and activities with the federal, state, and local agencies in matters relating to this chapter;   (5) upon request by any person, cooperate with, assist, and advise that person in matters pertaining to measuring water or filing claims of existing rights with a district court under this chapter;   (6) adopt rules necessary to reject, modify, or condition permit applications in highly appropriated basins or subbasins as provided in 85-2-319.   History: En. Sec. 4, Ch. 452, L. 1973; R.C.M. 1947, 89-868(1); amd. Sec. 30, Ch. 697, L. 1979; amd. Sec. 3, Ch. 268, L. 1981; amd. Sec. 1, Ch. 448, L. 1983; amd. Sec. 17, Ch. 573, L. 1985; amd. Sec. 442, Ch. 418, L. 1995; amd. Sec. 2, Ch. 45, L. 1997.
MT Code § 85-2-115 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 1. General Provisions|85-2-115. Entry on land

  85-2-115. Entry on land. Any employee or agent of the department authorized by the director may enter upon any land to carry out the purpose of this chapter, including but not limited to entry to make inspections the department considers necessary of proposed works, source of water, location of the proposed use, construction of works, and other inspections to ascertain whether or not persons are complying with this chapter. The department or its agent shall give reasonable notice to the landowner of its intention to enter upon the land. The department is responsible for actual damages done to any property.   History: En. Sec. 34, Ch. 452, L. 1973; R.C.M. 1947, 89-898.
MT Code § 85-2-116 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 1. General Provisions|85-2-116. Legal assistance

  85-2-116. Legal assistance. (1) When requested by the department, the attorney general and the county attorneys within their respective counties shall perform legal services and conduct legal proceedings necessary to carry out the purposes of this chapter. The department may also employ legal counsel to enforce this chapter and to conduct proceedings under it.   (2) If an appropriator who is a citizen of Montana becomes involved in a controversy to which any agency of the federal government or another state is a party, the department may in its discretion intervene as a party or provide necessary legal assistance to the citizen of Montana.   History: En. Sec. 35, Ch. 452, L. 1973; amd. Sec. 9, Ch. 460, L. 1977; R.C.M. 1947, 89-899.