reglab/housing_qa huggingface dataset:
MT Code § 85-2-117 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 1. General Provisions|85-2-117. Water right records for filing with local clerk and recorder

  85-2-117. Water right records for filing with local clerk and recorder. Upon payment of a fee established pursuant to 85-2-113, a county clerk and recorder of the county where the point of diversion or place of use is located or in which a transfer of water right occurred may require the department to provide a report of all water permits, certificates, change approvals, or water right ownership update forms issued or processed by the department pursuant to Title 85, chapter 2, parts 3 and 4.   History: En. Sec. 12, Ch. 805, L. 1991; amd. Sec. 4, Ch. 70, L. 2005.
MT Code § 85-2-118 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 1. General Provisions|85-2-118. through 85-2-120 reserved

  85-2-118 through 85-2-120 reserved.
MT Code § 85-2-121 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 1. General Provisions|85-2-121. Administrative proceedings

  85-2-121. Administrative proceedings. The Montana Administrative Procedure Act governs administrative proceedings conducted under parts 1 through 4 of this chapter, except that the common law and statutory rules of evidence shall apply only upon stipulation of all parties to a proceeding.   History: En. Sec. 36, Ch. 452, L. 1973; amd. Sec. 13, Ch. 485, L. 1975; amd. Sec. 9, Ch. 416, L. 1977; R.C.M. 1947, 89-8-100.
MT Code § 85-2-122 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 1. General Provisions|85-2-122. Penalties

  85-2-122. Penalties. (1) Except as provided in 85-2-410(6), a person who violates or refuses or neglects to comply with the provisions of 85-2-114, any order of the department, or any rule of the department is subject to a civil penalty not to exceed $1,000 per violation. Each day of violation constitutes a separate violation.   (2) Except as provided in subsection (3), fines collected by the department or a district court under subsection (1) must be deposited in the account established in 85-2-318 for use by the department in the enforcement of 85-2-114.   (3) If a fine is collected by an independent action brought by:   (a) the county attorney, the fine must be deposited in the general fund of the county; or   (b) the county attorney with assistance from the attorney general or by the attorney general, the fine must be deposited in the water right enforcement account created in 44-4-1101 and must be used to enforce the provisions of 85-2-114.   History: En. Sec. 37, Ch. 452, L. 1973; R.C.M. 1947, 89-8-101; amd. Sec. 21, Ch. 573, L. 1985; amd. Sec. 2, Ch. 677, L. 1991; amd. Sec. 444, Ch. 418, L. 1995; amd. Sec. 2, Ch. 381, L. 2001; amd. Sec. 2, Ch. 457, L. 2001; amd. Sec. 4, Ch. 103, L. 2009.
MT Code § 85-2-123 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 1. General Provisions|85-2-123. Deposit of fees and penalties

  85-2-123. Deposit of fees and penalties. Except as provided in 85-2-122 and 85-2-124, all fees and penalties collected under this chapter must be deposited in the water right appropriation account established in 85-2-318. Except for fines collected by a district court under 85-2-122, all penalties or fines imposed by any court other than a justice's court for a violation of this chapter must be deposited in the general fund of the county where the court presides and must be disposed of in the same manner as any other penalty or fine.   History: En. Sec. 38, Ch. 452, L. 1973; R.C.M. 1947, 89-8-102; amd. Sec. 3, Ch. 448, L. 1983; amd. Sec. 2, Ch. 24, L. 1985; amd. Sec. 59, Ch. 557, L. 1987; amd. Sec. 3, Ch. 677, L. 1991; amd. Sec. 26, Ch. 389, L. 1999; amd. Sec. 3, Ch. 457, L. 2001.
MT Code § 85-2-124 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 1. General Provisions|85-2-124. Costs and fees for environmental impact statements

  85-2-124. Costs and fees for environmental impact statements. (1) Whenever the department determines that the filing of an application or a combination of applications for a permit or approval under this chapter requires the preparation of an environmental impact statement as prescribed by the Montana Environmental Policy Act and the application or combination of applications involves the use of 4,000 or more acre-feet per year and 5.5 or more cubic feet per second of water, the applicant shall follow the process and shall pay to the department the costs or fees for the environmental impact statement as provided in Title 75, chapter 1, parts 1 and 2. The payment of costs and fees for the environmental impact statement must be deposited in the state special revenue fund to be used by the department only to comply with the Montana Environmental Policy Act in connection with the application or applications.   (2) Costs or fees as prescribed by this section may not be assessed against an applicant for a permit or approval if the applicant has also filed an application for a certificate of compliance pursuant to the Montana Major Facility Siting Act and the appropriation or use of water involved in the application or applications for permit or approval has been or will be studied by the department pursuant to that act.   (3) Failure to submit the costs or fees as required by this section voids the application or applications.   (4) The department may in its discretion rely upon the environmental studies, investigations, reports, and assessments made by any other state agency or any person, including any applicant, in the preparation of its environmental impact statement.   History: En. 89-8-102.2 by Sec. 1, Ch. 356, L. 1975; amd. Sec. 1, Ch. 117, L. 1977; R.C.M. 1947, 89-8-102.2; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 4, Ch. 448, L. 1983; amd. Sec. 6, Ch. 573, L. 1985; amd. Sec. 15, Ch. 217, L. 2003; amd. Sec. 19, Ch. 337, L. 2005.
MT Code § 85-2-125 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 1. General Provisions|85-2-125. Recovery of costs and attorney fees by prevailing party

  85-2-125. Recovery of costs and attorney fees by prevailing party. (1) If a final decision of the department on an application for a permit or a change in appropriation right is appealed to district court, the district court may award the prevailing party reasonable costs and attorney fees.   (2) The party obtaining injunctive relief in an action to enforce a water right must be awarded reasonable costs and attorney fees. For the purposes of this section, "enforce a water right" means an action by a party with a water right to enjoin the use of water by a person that does not have a water right.   History: En. 89-8-100.1 by Sec. 11, Ch. 416, L. 1977; R.C.M. 1947, 89-8-100.1; amd. Sec. 5, Ch. 487, L. 1995; amd. Sec. 1, Ch. 100, L. 2005; amd. Sec. 1, Ch. 45, L. 2007; amd. Sec. 1, Ch. 360, L. 2011.
MT Code § 85-2-126 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 1. General Provisions|85-2-126. through 85-2-130 reserved

  85-2-126 through 85-2-130 reserved.
MT Code § 85-2-131 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 1. General Provisions|85-2-131. Application for change of watercourse name

  85-2-131. Application for change of watercourse name. (1) All applications for the change of name of any watercourse or natural source of water supply, including natural streams, dry coulees, springs, lakes, rivers, or creeks which lie wholly within the limits of one county must be made to the district court of the county where the watercourse or other natural source of water supply, the name of which is proposed to be changed, or some part thereof is situated. The petition must state in ordinary and concise language:   (a) a description of the watercourse or other natural source of water supply, the name of which is proposed to be changed, identifying the same as near as may be by natural monuments;   (b) the present name of the stream or other natural source of water supply and the name to which the petitioners desire the same to be changed, together with the reasons for the desired change of name;   (c) the names of all persons or corporations owning real estate abutting upon or water rights upon the same whose titles appear of record in the office of the county clerk and recorder in the county in which the watercourse or other natural source of water supply, or some part thereof, is situated.   (2) The petition must be signed by not less than 10 owners of real property abutting upon said watercourse or other natural source of water supply or owning water rights upon the same.   (3) The insufficiency of the petition in any of the above respects shall not be held to defeat the jurisdiction of the court.   History: En. Sec. 1, Ch. 101, L. 1911; re-en. Sec. 9968, R.C.M. 1921; re-en. Sec. 9968, R.C.M. 1935; R.C.M. 1947, 93-100-6.
MT Code § 85-2-132 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 1. General Provisions|85-2-132. Change of watercourse name -- public notice

  85-2-132. Change of watercourse name -- public notice. When a petition under 85-2-131 is filed in the district court, the court or the judge shall designate some newspaper of general circulation in the county that is most likely to give all interested parties notice of the proceedings and shall order that notice be published in that newspaper as provided in this section. The judge may require any other notice that seems reasonable and shall fix a time at which objections to the granting of the petition for the change of name must be heard. A copy of the petition, together with a notice of the time set for hearing objections, must be published in the newspaper designated by the court or judge for that purpose at least once a week for 4 successive weeks, and other notice of the proceedings must be given that the court or judge may require.   History: En. Sec. 2, Ch. 101, L. 1911; re-en. Sec. 9969, R.C.M. 1921; re-en. Sec. 9969, R.C.M. 1935; R.C.M. 1947, 93-100-7; amd. Sec. 2755, Ch. 56, L. 2009.
MT Code § 85-2-133 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 1. General Provisions|85-2-133. Change of watercourse name -- hearing

  85-2-133. Change of watercourse name -- hearing. At the time set for hearing or at any time prior thereto, objections may be filed by any person who can, in such objections, show to the court or judge good reason against such change of name. The application and the objections must be heard at such time as the court or judge may appoint. On hearing, the court or judge may examine on oath any of the petitioners, remonstrants, objectors, or other persons touching the application and may make an order changing the name or dismissing the application as to the court or judge may seem right and proper.   History: En. Sec. 3, Ch. 101, L. 1911; re-en. Sec. 9970, R.C.M. 1921; re-en. Sec. 9970, R.C.M. 1935; R.C.M. 1947, 93-100-8.
MT Code § 85-2-134 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 1. General Provisions|85-2-134. Change of watercourse name -- judgment to be filed with county clerk

  85-2-134. Change of watercourse name -- judgment to be filed with county clerk. If the change of name of a watercourse is ordered, a copy of the judgment, duly certified by the clerk of the court, must be filed with the county clerk and recorder of the county in which the watercourse or other natural source of water supply is situated, and the clerk of the court shall, annually, in January, make a return to the office of the secretary of state of all changes of names made in the district court of the clerk's county under this section.   History: En. Sec. 4, Ch. 101, L. 1911; re-en. Sec. 9971, R.C.M. 1921; re-en. Sec. 9971, R.C.M. 1935; R.C.M. 1947, 93-100-9; amd. Sec. 2756, Ch. 56, L. 2009.
MT Code § 85-2-135 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 1. General Provisions|85-2-135. through 85-2-140 reserved

  85-2-135 through 85-2-140 reserved.
MT Code § 85-2-142 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 1. General Provisions|85-2-142. through 85-2-144 reserved

  85-2-142 through 85-2-144 reserved.
MT Code § 85-2-145 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 1. General Provisions|85-2-145. Removal of natural obstruction to exercise water right -- consent or court ruling required

  85-2-145. Removal of natural obstruction to exercise water right -- consent or court ruling required. (1) A person who owns a water right but cannot exercise the right because a natural obstruction on another person's property prevents the flow of the water shall, in writing, seek consent from the landowner to remove the natural obstruction.   (2) The water right owner may remove the natural obstruction if the landowner consents in writing and the water right owner complies with applicable laws and regulations.   (3) If the landowner does not consent in writing to the removal of the natural obstruction, the water right owner may seek a declaration from district court that the removal of the natural obstruction would not harm the landowner and is necessary for the water right owner to exercise the water right.   (4) In seeking a district court declaration, the water right owner shall:   (a) agree to pay all costs of the removal;   (b) show that the utility of the landowner's property would not be lessened;   (c) show that the landowner would not incur additional, uncompensated burdens from the removal of the natural obstruction; and   (d) agree to comply with applicable laws and regulations.   (5) The landowner may present evidence showing that the removal is not necessary for the water right owner to exercise the right or that the provisions of subsection (4) could not be met if the removal is permitted.   (6) The court shall determine if the removal of the natural obstruction:   (a) is necessary for the water right owner to exercise the right; and   (b) would meet the provisions of subsection (4).   (7) If the court permits the removal, the court may require any conditions to ensure that the provisions of subsection (4) are met.   (8) The court may award court costs and attorney fees.   (9) Removal of a natural obstruction under this section does not impair any existing right of the landowner.   History: En. Sec. 1, Ch. 408, L. 2013.
MT Code § 85-2-146 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 1. General Provisions|85-2-146. through 85-2-149 reserved

  85-2-146 through 85-2-149 reserved.
MT Code § 85-2-150 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 1. General Provisions|85-2-150. Chronically dewatered watercourse -- identification

  85-2-150. Chronically dewatered watercourse -- identification. (1) Using the factors in subsection (2) as guidelines, the department, in consultation with other agencies and groups, shall identify chronically dewatered watercourses or portions of watercourses.   (2) The factors the department shall consider when identifying chronically dewatered watercourses or portions of watercourses include but are not limited to the:   (a) extent, duration, and frequency of the dewatering;   (b) impact of the dewatering on fish, wildlife, or other natural resources;   (c) particular species of fish and wildlife impacted;   (d) impact of dewatering on other off-stream uses, including but not limited to agricultural, industrial, municipal, and recreational uses;   (e) probable cause of the dewatering;   (f) existence of temporary or final decrees;   (g) history, if any, of conflict among water rights holders on the watercourse;   (h) practicality and reasonableness of installing measuring devices on diversions along the watercourse; and   (i) likelihood that the installation of measuring devices will significantly help to:   (i) solve the chronically dewatered condition of the watercourse; or   (ii) resolve conflicts among water rights holders on the watercourse.   History: En. Sec. 3, Ch. 543, L. 1991.
MT Code § 85-2-151 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 1. General Provisions|85-2-151. through 85-2-153 reserved

  85-2-151 through 85-2-153 reserved.
MT Code § 85-2-154 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 1. General Provisions|85-2-154. Policy considerations

  85-2-154. (Temporary) Policy considerations. (1) Article IX, section 3(3), of the Montana constitution declares that all surface, underground, flood, and atmospheric waters within the boundaries of the state are the property of the state for the use of its people and are subject to appropriation for beneficial uses as provided by law.   (2) The legal appropriation of water requires that the water be legally and physically available for appropriation.   (3) Measurement and monitoring of streamflow supports the state's ability to determine when water is physically and legally available to meet new demands while protecting existing water rights.   (4) The effective management and distribution of water depends on accurate real-time measurement of streamflow. (Terminates June 30, 2023--sec. 7, Ch. 298, L. 2019.)   History: En. Sec. 1, Ch. 298, L. 2019.
MT Code § 85-2-155 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 1. General Provisions|85-2-155. Intent

  85-2-155. (Temporary) Intent. (1) The 2015 state water plan recognizes that improving Montana's water supply and distribution monitoring network will improve the ability of water managers and water users to adjust to seasonal supply and demand imbalances as well as plan for longer term imbalances associated with climate variability.   (2) It is the intent of the legislature to support local, state, and federal efforts and programs to collect and distribute timely and accurate information on Montana streamflows.   (3) The legislature recognizes that streamflow information is collected by numerous state and federal agencies and tribes to meet their statutory responsibilities.   (4) The legislature recognizes that streamflow information collected by state, tribal, and federal entities is critical to administration of the Montana Water Use Act, distribution of water by decree, water supply planning for municipalities, and implementation of plans and agreements that address locally developed drought, fish habitat, or water supply objectives.   (5) The legislature recognizes it is in the public interest to support and encourage coordination in the collection and distribution of streamflow information. (Terminates June 30, 2023--sec. 7, Ch. 298, L. 2019.)   History: En. Sec. 2, Ch. 298, L. 2019.
MT Code § 85-2-201 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 2. Adjudication of Water Rights|85-2-201. Repealed

  85-2-201. Repealed. Sec. 37, Ch. 697, L. 1979.   History: En. Sec. 6, Ch. 452, L. 1973; R.C.M. 1947, 89-870.
MT Code § 85-2-202 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 2. Adjudication of Water Rights|85-2-202. Repealed

  85-2-202. Repealed. Sec. 37, Ch. 697, L. 1979.   History: En. Sec. 7, Ch. 452, L. 1973; R.C.M. 1947, 89-871.
MT Code § 85-2-203 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 2. Adjudication of Water Rights|85-2-203. Repealed

  85-2-203. Repealed. Sec. 37, Ch. 697, L. 1979.   History: En. Sec. 8, Ch. 452, L. 1973; amd. Sec. 1, Ch. 265, L. 1974; amd. Sec. 3, Ch. 485, L. 1975; R.C.M. 1947, 89-872.
MT Code § 85-2-204 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 2. Adjudication of Water Rights|85-2-204. Repealed

  85-2-204. Repealed. Sec. 37, Ch. 697, L. 1979.   History: En. Sec. 9, Ch. 452, L. 1973; amd. Sec. 4, Ch. 485, L. 1975; R.C.M. 1947, 89-873.
MT Code § 85-2-205 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 2. Adjudication of Water Rights|85-2-205. Repealed

  85-2-205. Repealed. Sec. 37, Ch. 697, L. 1979.   History: En. Sec. 10, Ch. 452, L. 1973; amd. Sec. 5, Ch. 485, L. 1975; R.C.M. 1947, 89-874.
MT Code § 85-2-206 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 2. Adjudication of Water Rights|85-2-206. Repealed

  85-2-206. Repealed. Sec. 37, Ch. 697, L. 1979.   History: En. Sec. 11, Ch. 452, L. 1973; amd. Sec. 6, Ch. 485, L. 1975; amd. Sec. 2, Ch. 416, L. 1977; R.C.M. 1947, 89-875.
MT Code § 85-2-207 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 2. Adjudication of Water Rights|85-2-207. Repealed

  85-2-207. Repealed. Sec. 37, Ch. 697, L. 1979.   History: En. Sec. 12, Ch. 452, L. 1973; amd. Sec. 7, Ch. 485, L. 1975; R.C.M. 1947, 89-876.
MT Code § 85-2-208 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 2. Adjudication of Water Rights|85-2-208. Repealed

  85-2-208. Repealed. Sec. 37, Ch. 697, L. 1979.   History: En. Sec. 13, Ch. 452, L. 1973; amd. Sec. 3, Ch. 416, L. 1977; R.C.M. 1947, 89-877.
MT Code § 85-2-209 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 2. Adjudication of Water Rights|85-2-209. Repealed

  85-2-209. Repealed. Sec. 37, Ch. 697, L. 1979.   History: En. Sec. 14, Ch. 452, L. 1973; R.C.M. 1947, 89-878.
MT Code § 85-2-210 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 2. Adjudication of Water Rights|85-2-210. Repealed

  85-2-210. Repealed. Sec. 37, Ch. 697, L. 1979.   History: En. Sec. 15, Ch. 452, L. 1973; R.C.M. 1947, 89-879.
MT Code § 85-2-211 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 2. Adjudication of Water Rights|85-2-211. Repealed

  85-2-211. Repealed. Sec. 315, Ch. 42, L. 1997.   History: En. Sec. 20, Ch. 697, L. 1979; amd. Sec. 2, Ch. 629, L. 1993.