reglab/housing_qa huggingface dataset:
MT Code § 85-2-307 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 3. Appropriations, Permits, and Certificates of Water Rights|85-2-307. Notice of application for permit or change in appropriation right

  85-2-307. Notice of application for permit or change in appropriation right. (1) Upon receipt of an application for a permit or a change in appropriation right, the department shall publish notice of receipt of the application on the department's website.   (2) (a) Within 120 days of the receipt of a correct and complete application for a permit or change in appropriation right, the department:   (i) may meet informally with the applicant, the persons listed in subsection (2)(d), and persons who may claim standing pursuant to 85-2-308 to discuss the application;   (ii) shall make a written preliminary determination as to whether or not the application satisfies the applicable criteria for issuance of a permit or change in appropriation right; and   (iii) may include conditions in the written preliminary determination to satisfy applicable criteria for issuance of a permit or change in appropriation right.   (b) If the preliminary determination proposes to grant an application, the department shall prepare a notice containing the facts pertinent to the application, including the summary of the preliminary determination and any conditions, and shall publish the notice once in a newspaper of general circulation in the area of the source.   (c) If the preliminary determination proposes to deny an application, the process provided in 85-2-310 must be followed.   (d) Before the date of publication, the department shall also serve the notice by first-class mail upon:   (i) an appropriator of water or applicant for or holder of a permit who, according to the records of the department, may be affected by the proposed appropriation;   (ii) any purchaser under contract for deed, as defined in 70-20-115, of property that, according to the records of the department, may be affected by the proposed appropriation; and   (iii) any public agency that has reserved waters in the source under 85-2-316.   (e) The department may, in its discretion, also serve notice upon any state agency or other person the department feels may be interested in or affected by the proposed appropriation.   (f) The department shall file in its records proof of service by affidavit of the publisher in the case of notice by publication and by its own affidavit in the case of service by mail.   (3) The notice must state that by a date set by the department, not less than 15 days or more than 60 days after the date of publication, persons may file with the department written objections to the application.   History: En. Sec. 17, Ch. 452, L. 1973; amd. Sec. 9, Ch. 485, L. 1975; R.C.M. 1947, 89-881; amd. Sec. 2, Ch. 357, L. 1981; amd. Sec. 9, Ch. 448, L. 1983; amd. Sec. 29, Ch. 526, L. 1983; amd. Sec. 3, Ch. 535, L. 1987; amd. Sec. 3, Ch. 370, L. 1993; amd. Sec. 5, Ch. 70, L. 2005; amd. Sec. 2, Ch. 251, L. 2009; amd. Sec. 1, Ch. 52, L. 2015.
MT Code § 85-2-308 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 3. Appropriations, Permits, and Certificates of Water Rights|85-2-308. Objections

  85-2-308. Objections. (1) (a) An objection to an application under this chapter must be filed by the date specified by the department under 85-2-307(3).   (b) The objection to an application for a permit must state the name and address of the objector and facts indicating that one or more of the criteria in 85-2-311 are not met.   (2) For an application for a change in appropriation rights, the objection must state the name and address of the objector and facts indicating that one or more of the criteria in 85-2-320, if applicable, 85-2-402, 85-2-407, 85-2-408, and 85-2-436, if applicable, are not met.   (3) A person has standing to file an objection under this section if the property, water rights, or interests of the objector would be adversely affected by the proposed appropriation.   (4) For an application for a reservation of water, the objection must state the name and address of the objector and facts indicating that one or more of the criteria in 85-2-316 are not met.   (5) An objector to an application under this chapter shall file a correct and complete objection on a form prescribed by the department within the time period stated on the public notice associated with the application. In order to assist both applicants and objectors, the department shall adopt rules in accordance with this chapter delineating the components of a correct and complete objection. For instream flow water rights for fish, wildlife, and recreation, the rules must require the objector to describe the reach or portion of the reach of the stream or river subject to the instream flow water right and the beneficial use that is adversely affected and to identify the point or points where the instream flow water right is measured and monitored. The department shall notify the objector of any defects in an objection. An objection not corrected or completed within 15 days from the date of notification of the defects is terminated.   (6) An objection is valid if the objector has standing pursuant to subsection (3), has filed a correct and complete objection within the prescribed time period, and has stated the applicable information required under this section and rules of the department.   History: En. Sec. 18, Ch. 452, L. 1973; R.C.M. 1947, 89-882; amd. Sec. 10, Ch. 448, L. 1983; amd. Sec. 5, Ch. 805, L. 1991; amd. Sec. 4, Ch. 370, L. 1993; amd. Sec. 2, Ch. 422, L. 1999; amd. Sec. 2, Ch. 574, L. 2003; amd. Sec. 6, Ch. 70, L. 2005; amd. Sec. 6, Ch. 213, L. 2007; amd. Sec. 2, Ch. 448, L. 2007; amd. Sec. 3, Ch. 251, L. 2009.
MT Code § 85-2-309 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 3. Appropriations, Permits, and Certificates of Water Rights|85-2-309. Hearings on objections -- jurisdiction

  85-2-309. Hearings on objections -- jurisdiction. (1) If the department determines that an objection to an application for a permit under 85-2-311 or change in appropriation right under 85-2-402 states a valid objection, it shall hold a contested case hearing, pursuant to Title 2, chapter 4, part 6, on the objection within 90 days from the date set by the department for the filing of objections after serving notice of the hearing by first-class mail upon the applicant and the objector, unless the department certifies an issue to the district court for determination by a water judge under subsection (2). The department may consolidate hearings if more than one objection is filed to an application. The department may extend the 90-day deadline for good cause shown or upon request of the applicant and all objectors. The department shall file in its records proof of the service by affidavit of the department.   (2) (a) At any time prior to commencement or before the conclusion of a hearing as provided in subsection (1), the department may in its discretion certify to the district court all factual and legal issues involving the adjudication or determination of the water rights at issue in the hearing, including but not limited to issues of abandonment, quantification, or relative priority dates. Certified controversies must be given priority by a water judge over all other adjudication matters.   (b) If the department fails to certify an issue as provided in this section after a timely request by a party to the hearing, the department shall include its denial to certify as part of the record of the hearing.   (c) Upon determination of the issues certified to it by the department, the court shall remand the matter to the department for further processing of the application under this chapter.   (3) Subsection (2) does not apply in the case of a matter considered at a hearing under this section pursuant to 85-2-316 or 85-2-322.   History: En. Sec. 19, Ch. 452, L. 1973; R.C.M. 1947, 89-883; amd. Sec. 6, Ch. 596, L. 1985; amd. Sec. 6, Ch. 497, L. 1997; amd. Sec. 3, Ch. 422, L. 1999; amd. Sec. 4, Ch. 251, L. 2009.
MT Code § 85-2-313 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 3. Appropriations, Permits, and Certificates of Water Rights|85-2-313. Provisional permit

  85-2-313. Provisional permit. A permit issued prior to a final determination of existing water rights is provisional and is subject to that final determination. Upon petition, the amount of the appropriation granted in a provisional permit must be reduced, modified, or revoked by the department following a show cause hearing in which it is determined that reduction, modification, or revocation is necessary to protect and guarantee existing water rights determined in the final decree. Because a provisional permit is issued on a reasonable determination of legal availability under 85-2-311(1)(b), in a show cause hearing under this section, legal availability must be determined on a consideration of the final decree in the affected basin or subbasin. A person may not obtain any vested right to an appropriation obtained under a provisional permit by virtue of construction of diversion works, purchase of equipment to apply water, planting of crops, or other action where the permit would have been denied or modified if the final decree had been available to the department.   History: En. Sec. 16, Ch. 452, L. 1973; amd. Sec. 2, Ch. 238, L. 1974; amd. Sec. 8, Ch. 485, L. 1975; amd. Sec. 4, Ch. 416, L. 1977; amd. Sec. 1, Ch. 470, L. 1977; R.C.M. 1947, 89-880(4); amd. Sec. 8, Ch. 497, L. 1997.
MT Code § 85-2-314 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 3. Appropriations, Permits, and Certificates of Water Rights|85-2-314. Revocation or modification of permit or change in appropriation right

  85-2-314. Revocation or modification of permit or change in appropriation right. (1) (a) If the work on an appropriation is not commenced, prosecuted, or completed within the time stated in the permit or an extension of the time stated in the permit, if the water is not being applied to the beneficial use contemplated in the permit or change in appropriation right, or if the permit or change in appropriation right is otherwise not being followed, the department may, after notice, require the permittee or the holder of the change in appropriation right to show cause why the permit or change in appropriation right should not be modified or revoked.   (b) If the permittee or holder of the change in appropriation right fails to show sufficient cause, the department may modify or revoke the permit or change in appropriation right.   (2) (a) A permittee or holder of a change in appropriation right may petition the department to modify or remove a condition of approval or reduce the amount of the permit or change authorization.   (b) The petition must be submitted on a form designated by the department, is subject to the criteria of 85-2-311 and 85-2-402, and must be processed in the same manner as an application made pursuant to 85-2-302, 85-2-307 through 85-2-309, and 85-2-310(1) through (5) except that:   (i) the department may waive the public notice of a preliminary determination to grant the petition if the department finds, on the basis of information reasonably available to it, that the petition as proposed in the application will not adversely affect the rights of other appropriators;   (ii) if the department issues a preliminary determination to grant the petition and waives public notice, the determination becomes final;   (iii) the department may condition a preliminary determination to grant the petition in order to meet the criteria under 85-2-311 and 85-2-402; and   (iv) a preliminary determination to deny a petition is final. Denial of a petition does not affect the permit or change authorization.   History: En. Sec. 23, Ch. 452, L. 1973; R.C.M. 1947, 89-887; amd. Sec. 13, Ch. 448, L. 1983; amd. Sec. 8, Ch. 70, L. 2005; amd. Sec. 5, Ch. 335, L. 2013.
MT Code § 85-2-315 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 3. Appropriations, Permits, and Certificates of Water Rights|85-2-315. Certificate of water right

  85-2-315. Certificate of water right. Upon actual application of water to the proposed beneficial use within the time allowed, the permittee shall notify the department that the appropriation has been completed. The notification must contain a certified statement by a person with experience in the design, construction, or operation of appropriation works describing how the appropriation was completed. The department shall review the certified statement and may then inspect the appropriation, and if it determines that the appropriation has been completed in substantial accordance with the permit, it shall issue the permittee a certificate of water right. The original of the certificate shall be sent to the permittee, and a duplicate shall be kept in the office of the department in Helena.   History: En. Sec. 24, Ch. 452, L. 1973; R.C.M. 1947, 89-888; amd. Sec. 14, Ch. 448, L. 1983; amd. Sec. 7, Ch. 805, L. 1991; amd. Sec. 10, Ch. 370, L. 1993.
MT Code § 85-2-317 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 3. Appropriations, Permits, and Certificates of Water Rights|85-2-317. Limitation on appropriation of ground water

  85-2-317. Limitation on appropriation of ground water. (1) After July 1, 1991, the department may not approve a permit to appropriate ground water in excess of 3,000 acre-feet per year unless:   (a) the applicant proves and the department finds that the applicable criteria in 85-2-311 are met; and   (b) the department then petitions the legislature and the legislature affirms the decision of the department after one or more public hearings.   (2) Subsection (1) applies to any permit to appropriate ground water for which application has been made but which has not been granted as of May 7, 1979.   (3) This section does not apply to appropriations by municipalities for municipal use or to appropriations for public water supplies as defined in 75-6-102 or to appropriations for the irrigation of cropland owned and operated by the applicant.   (4) Any person, association, corporation, or other entity that applies for a permit to appropriate ground water, singularly or collectively, for the purpose of circumventing this section is punishable by a fine not exceeding $5,000.   History: En. Secs. 2, 4, Ch. 631, L. 1979; amd. Sec. 8, Ch. 805, L. 1991.
MT Code § 85-2-318 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 3. Appropriations, Permits, and Certificates of Water Rights|85-2-318. Water right appropriation account

  85-2-318. Water right appropriation account. There is established a water right appropriation account in the state special revenue fund of the state treasury. All fees collected as provided in 85-2-113 shall be deposited in the account to help pay the expenses incurred by the department for administering and enforcing this part, part 1, part 4, and part 5 of chapter 2, Title 85, and Title 37, chapter 43.   History: En. Sec. 5, Ch. 357, L. 1981; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 6, Ch. 535, L. 1987.
MT Code § 85-2-319 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 3. Appropriations, Permits, and Certificates of Water Rights|85-2-319. Permit action in highly appropriated basins or subbasins

  85-2-319. Permit action in highly appropriated basins or subbasins. (1) With regard to a highly appropriated basin or subbasin, except as provided in 85-20-1401, the legislature may by law preclude permit applications or the department may by rule reject permit applications or modify or condition permits already issued.   (2) A rule may be adopted under this section only upon a petition that is signed by at least 25% or 10, whichever is less, of the users of water in the source of supply within a basin or subbasin or upon petition of the department of environmental quality that alleges facts under subsection (2)(d). The petition must be in a form prescribed by the department and must allege facts showing that throughout or at certain times of the year or for certain beneficial uses:   (a) there are no unappropriated waters in the source of supply;   (b) the rights of prior appropriators will be adversely affected;   (c) further uses will interfere unreasonably with other planned uses or developments for which a permit has been issued or for which water has been reserved; or   (d) in the case of a petition filed by the department of environmental quality:   (i) the water quality of an appropriator will be adversely affected by the issuance of permits;   (ii) further use will not be substantially in accordance with the classification of water set for the source of supply pursuant to 75-5-301(1); or   (iii) the ability of a discharge permitholder to satisfy effluent limitations of a permit issued in accordance with Title 75, chapter 5, part 4, will be adversely affected by the issuance of permits.   (3) Within 60 days after submission of a petition, the department shall:   (a) deny the petition in writing, stating its reasons for denial;   (b) inform the petitioners that the department shall study the allegations further before denying or proceeding further with the petition; or   (c) initiate rulemaking proceedings in accordance with 2-4-302 through 2-4-305.   (4) Title 2, chapter 4, parts 1 through 4, govern rulemaking proceedings conducted under this section, except that in addition to the notice requirements of those parts, the department notice of the rulemaking hearing must be published at least once in 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 source is located. The department shall serve by mail a copy of the notice, not less than 30 days before the hearing, upon each person or public agency known from the examination of the records of the department to be a claimant, appropriator, or permitholder of water in the source.   (5) The department may adopt rules to implement the provisions of this section.   History: En. Sec. 17, Ch. 448, L. 1983; amd. Sec. 2, Ch. 460, L. 1993; (5)En. Sec. 5, Ch. 460, L. 1993; amd. Sec. 450, Ch. 418, L. 1995; amd. Sec. 11, Ch. 213, L. 2007.
MT Code § 85-2-321 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 3. Appropriations, Permits, and Certificates of Water Rights|85-2-321. Milk River basin -- suspension of action on permits -- proposal -- priority in adjudication process

  85-2-321. Milk River basin -- suspension of action on permits -- proposal -- priority in adjudication process. (1) (a) In order to balance the need for the continued development of Montana's water and for protection of existing rights in the Milk River basin, the department may suspend action on a class of applications or may close a source in the basin and refuse to accept a class of applications, or both, for a permit under this part to appropriate from that source in the basin.   (b) Suspension or closure, or both, may only be proposed by the department.   (c) The proposal must state the source in the basin and class of applications for which suspension or closure, or both, is being proposed and any of the following allegations:   (i) that the frequency of occurrence of unappropriated waters is such that:   (A) any new appropriation from the source for the class of applications will adversely affect the rights of a prior appropriation from the source; or   (B) any new appropriation from the source for the class of applications will interfere unreasonably with another planned use or development for which a permit has been given or for which water has been reserved pursuant to this part in the source; or   (ii) that significant disputes or enforcement problems regarding priority of rights or amounts or duration of water in use by appropriators are in progress or will arise.   (2) After April 8, 1985, the chief water judge shall make issuance of a temporary preliminary decree in the Milk River basin the highest priority in the adjudication of existing water rights pursuant to Title 85, chapter 2, part 2.   History: En. Sec. 1, Ch. 524, L. 1981; amd. Sec. 2, Ch. 394, L. 1985; amd. Sec. 10, Ch. 497, L. 1997.
MT Code § 85-2-322 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 3. Appropriations, Permits, and Certificates of Water Rights|85-2-322. Hearing -- order

  85-2-322. Hearing -- order. (1) The department shall conduct a hearing on the proposed suspension or closure, or both. Notice of the hearing must be published at least once in 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 source is located. The department shall serve by mail a copy of the notice and proposal not less than 30 days before the hearing upon each person or public agency known from the examination of the records of the department to be a claimant, appropriator, or permitholder of water in the source.   (2) The department may by order suspend action on and shall close the source and refuse to accept a class of applications if it finds on the basis of the hearing that there is substantial evidence in support of the allegations required by 85-2-321 to be contained in the proposal.   (3) As part of fulfilling the requirements of 2-4-623, the order must define the source and must state the class of applications to which the suspension or closure, or both, applies.   (4) Upon adoption of the order, the department shall refuse to accept any application for a permit under this part for the class of application for which closure is ordered under 85-2-321 and this section. If the order suspends action on pending applications, the department shall notify the applicant that action on the applicant's application is suspended.   (5) Upon notice under 85-2-307 of intent to combine the hearings under 85-2-309 with the hearings under this section, the department may suspend action on pending applications of the class until the hearing is conducted under this section and, as part of its final order, may grant, deny, or condition the applications under 85-2-306, 85-2-310, and 85-2-311 or continue the suspension under this section.   History: En. Sec. 2, Ch. 524, L. 1981; amd. Sec. 145, Ch. 370, L. 1987; amd. Sec. 4, Ch. 161, L. 2005.
MT Code § 85-2-323 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 3. Appropriations, Permits, and Certificates of Water Rights|85-2-323. Request to modify suspension -- order

  85-2-323. Request to modify suspension -- order. (1) A person or public agency may request that an order be modified or revoked. The request must contain allegations supported by substantial evidence showing that the criteria in 85-2-311 can be met for an application or a class of applications from the source. If not so supported, the department may reject the request without a hearing.   (2) The department may by order after a hearing modify or revoke any order made as provided in 85-2-321 and 85-2-322 upon such notice and in such manner as is reasonable under the circumstances.   History: En. Sec. 3, Ch. 524, L. 1981.
MT Code § 85-2-324 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 3. Appropriations, Permits, and Certificates of Water Rights|85-2-324. through 85-2-326 reserved

  85-2-324 through 85-2-326 reserved.
MT Code § 85-2-327 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 3. Appropriations, Permits, and Certificates of Water Rights|85-2-327. Terminated

  85-2-327. Terminated. Sec. 6, Ch. 352, L. 1991.   History: En. Sec. 1, Ch. 352, L. 1991.