reglab/housing_qa huggingface dataset:
MT Code § 85-2-235 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 2. Adjudication of Water Rights|85-2-235. Appeals

  85-2-235. Appeals. (1) A person whose existing rights and priorities are determined in a final decree may appeal the determination only if:   (a) the person requested a hearing and appeared and entered objections to the temporary preliminary decree or the preliminary decree;   (b) the person's rights or priorities as determined in the temporary preliminary decree or the preliminary decree were affected as the result of an objection filed by another person;   (c) the person requested a hearing and appeared before the water court to finally resolve an issue remark, as defined in 85-2-250; or   (d) the person is a claimant appealing an adverse decision when the water court issued the decision as the result of an evidentiary hearing or as the result of calling the claim in on the court's own motion.   (2) The attorney general may appeal a determination made in a final decree if the attorney general participated as an intervenor as provided in 85-2-248.   (3) An interlocutory ruling by the water judge upon a question of law may be appealed by any party who is affected by the decision and who participated in the matter in which the ruling was issued.   History: En. Sec. 25, Ch. 697, L. 1979; amd. Sec. 4, Ch. 605, L. 1989; amd. Sec. 3, Ch. 421, L. 1995; amd. Sec. 8, Ch. 526, L. 2005.
MT Code § 85-2-236 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 2. Adjudication of Water Rights|85-2-236. Certificate of water right

  85-2-236. Certificate of water right. When a final decree is entered, the water judge shall send a copy to the department. Except as provided in 85-2-306, the department shall on the basis of the final decree issue a certificate of water right to each person decreed an existing right. The original of the certificate shall be sent to the person to whom the right is decreed. The department shall keep a copy of the certificate in its office in Helena.   History: En. Sec. 26, Ch. 697, L. 1979; amd. Sec. 5, Ch. 448, L. 1983; amd. Sec. 1, Ch. 535, L. 1987; amd. Sec. 3, Ch. 805, L. 1991.
MT Code § 85-2-238 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 2. Adjudication of Water Rights|85-2-238. through 85-2-240 reserved

  85-2-238 through 85-2-240 reserved.
MT Code § 85-2-241 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 2. Adjudication of Water Rights|85-2-241. Repealed

  85-2-241. Repealed. Sec. 38, Ch. 389, L. 1999.   History: En. Sec. 18, Ch. 697, L. 1979; amd. Sec. 1, Ch. 277, L. 1983.
MT Code § 85-2-242 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 2. Adjudication of Water Rights|85-2-242. Repealed

  85-2-242. Repealed. Sec. 12, Ch. 651, L. 1987.   History: En. Sec. 19, Ch. 697, L. 1979; amd. Sec. 1, Ch. 277, L. 1983.
MT Code § 85-2-243 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 2. Adjudication of Water Rights|85-2-243. Department assistance to water judges

  85-2-243. Department assistance to water judges. (1) The department, subject to the direction of the water judge, shall:   (a) provide such information and assistance as may be required by the water judge to adjudicate claims of existing rights;   (b) establish information and assistance programs to aid claimants in the filing of claims for existing rights required by 85-2-221;   (c) conduct field investigations of claims that the water judge in consultation with the department determines warrant investigation; and   (d) provide the water judge with all information in its possession bearing upon existing rights, including all declarations filed with and all information gathered by the department with respect to existing rights in the Powder River basin.   (2) Department assistance to a water judge must be without cost to the judicial districts wholly or partly within the affected water division. Expenses incurred by the department under subsection (1) must be paid from the money appropriated to it for the adjudication program by the legislature to carry out its function under subsection (1) and when that appropriation is expended then the department is no longer required to provide further assistance.   History: En. Sec. 21, Ch. 697, L. 1979; amd. Sec. 8, Ch. 651, L. 1987.
MT Code § 85-2-244 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 2. Adjudication of Water Rights|85-2-244. through 85-2-246 reserved

  85-2-244 through 85-2-246 reserved.
MT Code § 85-2-247 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 2. Adjudication of Water Rights|85-2-247. Purpose

  85-2-247. Purpose. (1) Because the state of Montana is the owner of all water in the state, pursuant to Article IX, section 3, of the Montana constitution, the legislature recognizes that it is in the state's best interest to ensure that valid issues raised as a result of claims examination in the statewide adjudication of pre-July 1, 1973, water rights are resolved before a final decree is issued.   (2) If as a result of the examination or the prior verification conducted by the department an issue remark is attached to a claim, the information resulting in the issue remark and the issue remark must be weighed against the claimed water right.   History: En. Sec. 1, Ch. 526, L. 2005.
MT Code § 85-2-249 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 2. Adjudication of Water Rights|85-2-249. Prioritization of workload

  85-2-249. Prioritization of workload. The chief water judge may place a higher priority on hearing objections to claims in a basin than on resolving issue remarks.   History: En. Sec. 3, Ch. 526, L. 2005.
MT Code § 85-2-250 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 2. Adjudication of Water Rights|85-2-250. Definition

  85-2-250. Definition. For the purposes of 85-2-247 through 85-2-249, "issue remark" means a statement added to an abstract of water right in a water court decree by the department or the water court to identify potential factual or legal issues associated with the claim. The term also includes "gray area remarks" that were the result of the verification process.   History: En. Sec. 4, Ch. 526, L. 2005.
MT Code § 85-2-251 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 2. Adjudication of Water Rights|85-2-251. through 85-2-269 reserved

  85-2-251 through 85-2-269 reserved.
MT Code § 85-2-270 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 2. Adjudication of Water Rights|85-2-270. Findings -- purpose

  85-2-270. (Temporary) Findings -- purpose. (1) The purpose of 85-2-271, 85-2-280 through 85-2-282, and this section is to:   (a) complete claims examination and the initial decree phase;   (b) reexamine claims in basins that were verified and were not subject to the supreme court examination rules when the water court has received a petition and issued an order pursuant to 85-2-282 or the water court has issued an order on its own initiative; and   (c) ensure that the product of the adjudication is enforceable decrees.   (2) With adequate funding, it is realistic and feasible for the department to complete claims examination and reexamination of verified basins for which the water court has received a petition and issued an order pursuant to 85-2-282 or the water court has issued an order on its own initiative by June 30, 2015. It is also realistic and feasible for the water court to issue a preliminary or temporary preliminary decree by June 30, 2024, for all basins in Montana. (Terminates June 30, 2028--secs. 10, 11, Ch. 269, L. 2015.)   History: En. Sec. 1, Ch. 288, L. 2005; amd. Sec. 3, Ch. 319, L. 2007; amd. Sec. 4, Ch. 269, L. 2015; amd. Sec. 1, Ch. 72, L. 2019.
MT Code § 85-2-271 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 2. Adjudication of Water Rights|85-2-271. Benchmarks -- action taken if not met -- claims examination priority

  85-2-271. (Temporary) Benchmarks -- action taken if not met -- claims examination priority. (1) (a) The water court shall prioritize basins for the purpose of claims examination and reexamination by the department.  (b) The chief water judge has the authority to order that reexamination be completed for a certain basin in a higher priority than claims examination. If the chief water judge issues an order requiring the department to reexamine claims rather than examining claims, the number of claims that were reexamined must be counted against the amount of claims that the department is required to examine for that period.   (2) (a) The benchmarks that are provided in subsection (2)(b) must be met. If the benchmarks are not met, money for water adjudication may not be included in the department's base budget.   (b) The benchmarks are as follows:   (i) the department shall reexamine 10,000 verified claims by June 30, 2017;   (ii) the department shall reexamine 30,000 verified claims by June 30, 2019;   (iii) the department shall examine or reexamine 65,000 claims by June 30, 2022;   (iv) the department shall examine or reexamine 85,000 claims by June 30, 2023;   (v) the department shall examine or reexamine 95,000 claims by June 30, 2024; and   (vi) the department shall examine or reexamine all timely filed claims by June 30, 2025. (Terminates June 30, 2028--secs. 10, 11, Ch. 269, L. 2015.)   History: En. Sec. 2, Ch. 288, L. 2005; amd. Sec. 4, Ch. 319, L. 2007; amd. Sec. 5, Ch. 269, L. 2015; amd. Sec. 2, Ch. 154, L. 2021.
MT Code § 85-2-272 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 2. Adjudication of Water Rights|85-2-272. Repealed

  85-2-272. Repealed. Sec. 9, Ch. 319, L. 2007.   History: En. Sec. 3, Ch. 288, L. 2005.
MT Code § 85-2-273 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 2. Adjudication of Water Rights|85-2-273. Repealed

  85-2-273. Repealed. Sec. 9, Ch. 319, L. 2007.   History: En. Sec. 4, Ch. 288, L. 2005.
MT Code § 85-2-274 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 2. Adjudication of Water Rights|85-2-274. and 85-2-275 reserved

  85-2-274 and 85-2-275 reserved.
MT Code § 85-2-276 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 2. Adjudication of Water Rights|85-2-276. Repealed

  85-2-276. Repealed. Sec. 9, Ch. 319, L. 2007.   History: En. Sec. 5, Ch. 288, L. 2005.
MT Code § 85-2-277 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 2. Adjudication of Water Rights|85-2-277. and 85-2-278 reserved

  85-2-277 and 85-2-278 reserved.
MT Code § 85-2-279 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 2. Adjudication of Water Rights|85-2-279. Repealed

  85-2-279. Repealed. Sec. 9, Ch. 319, L. 2007.   History: En. Sec. 6, Ch. 288, L. 2005.
MT Code § 85-2-280 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 2. Adjudication of Water Rights|85-2-280. Water adjudication account

  85-2-280. (Temporary) Water adjudication account. (1) There is a water adjudication account within the state special revenue fund created in 17-2-102.   (2) On July 1 of each fiscal year, the state treasurer shall transfer the amount necessary when combined with available and unencumbered fund balance, to fund the amount appropriated by the legislature in the general appropriation act from the state general fund to the water adjudication account for the sole purpose of funding the water adjudication program within the department and the water court.   (3) Interest and income earnings on the water adjudication account must be deposited in the account and may not be transferred to any other account prior to June 30, 2028.   (4) Money remaining in the water adjudication account on June 30, 2028, must be transferred to the water right appropriation account provided for in 85-2-318.   (5) If the accountability benchmarks contained in 85-2-271 are not met, expenditures from the account in the previous biennium may not be included in the department's base budget, as defined in 17-7-102, for the current biennium. (Terminates June 30, 2028--secs. 10, 11, Ch. 269, L. 2015.)   History: En. Sec. 7, Ch. 288, L. 2005; amd. Sec. 5, Ch. 319, L. 2007; amd. Sec. 24, Ch. 486, L. 2009; amd. Sec. 6, Ch. 269, L. 2015.
MT Code § 85-2-281 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 2. Adjudication of Water Rights|85-2-281. Reporting requirements

  85-2-281. (Temporary) Reporting requirements. The department and the water court shall:  (1) provide quarterly reports to the water policy interim committee in accordance with 5-11-210 on:   (a) the progress of the adjudication on a basin-by-basin basis;   (b) the number of basins for which examination was completed during the reporting period;   (c) the number and type of decrees issued in the preceding year and in each quarter of the current year and an update on summary reports in review;   (d) the number of claims resolved each month in the preceding year;   (e) the percentage of claims resolved by basin, limited to basins under active review by the water court, after issuance of a decree and passage of the deadline of the notices of intent to appear; and   (f) compact status describing compacts approved by the water court and pending compacts;   (2) include a status report on the adjudication in their presentation to the applicable appropriation subcommittees during each legislative session including the number of basins for which examination was completed during the reporting period; and   (3) provide a budget that outlines how each of the entities will be funded in the next biennium, including general fund money and state special revenue funds. (Terminates June 30, 2028--secs. 10, 11, Ch. 269, L. 2015.)   History: En. Sec. 8, Ch. 288, L. 2005; amd. Sec. 7, Ch. 319, L. 2007; amd. Sec. 10, Ch. 122, L. 2015; amd. Secs. 7, 9, Ch. 269, L. 2015; amd. Sec. 119, Ch. 261, L. 2021.
MT Code § 85-2-282 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 2. Adjudication of Water Rights|85-2-282. Examination of claims in verified basins

  85-2-282. (Temporary) Examination of claims in verified basins. (1) At any time prior to the issuance of a final decree, in basins that were evaluated using the verification process rather than the examination process, the owners of water rights in the basin or a specified area in the basin may petition the water court to examine claims in the basin or an area in the basin pursuant to the supreme court rules.   (2) The owners of at least 15% of the number of water rights affected by the proposed reexamination shall sign the petition.   (3) At a minimum, the petition must provide:   (a) the specific water right purpose or water right purposes to be examined; and   (b) the elements to be examined.   (4) (a) The water judge shall evaluate each petition and determine if reexamination is necessary to provide greater accuracy to the adjudication.   (b) The water judge may request public comment on the petition.   (5) If the water judge determines reexamination should be conducted, the water judge shall issue an order that provides:   (a) what water right purpose or water right purposes must be examined by the department;   (b) the elements to be examined;   (c) final disposition of the reexamination information developed by the department; and   (d) the timeframe in which the reexamination must be completed.   (6) The water court may issue an order requiring reexamination on its own initiative. The order must provide the information contained in subsection (5).   (7) Upon receipt of the reexamination information from the department, the water court shall notify the users in the basin or the specified area in the basin identified in the petition of the final results of the reexamination and shall notify them regarding further steps or actions being taken as a result of the reexamination.   (8) Any actions taken as a result of the reexamination must be conducted in accordance with this part. (Terminates June 30, 2028--sec. 10, Ch. 269, L. 2015.)   History: En. Sec. 9, Ch. 288, L. 2005; amd. Sec. 8, Ch. 269, L. 2015.
MT Code § 85-2-283 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 2. Adjudication of Water Rights|85-2-283. Repealed

  85-2-283. Repealed. Sec. 9, Ch. 319, L. 2007.   History: En. Sec. 10, Ch. 288, L. 2005.
MT Code § 85-2-301 (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|85-2-301. Right to appropriate -- recognition and confirmation of permits issued after July 1, 1973

  85-2-301. Right to appropriate -- recognition and confirmation of permits issued after July 1, 1973. (1) After July 1, 1973, a person may not appropriate water except as provided in this chapter. A person may appropriate water only for a beneficial use.   (2) (a) Only the department may appropriate water by permit for transport outside the following river basins:   (i) the Clark Fork River and its tributaries to its confluence with Lake Pend Oreille in Idaho;   (ii) the Kootenai River and its tributaries to its confluence with Kootenay Lake in British Columbia;   (iii) the St. Mary River and its tributaries to its confluence with the Oldman River in Alberta;   (iv) the Little Missouri River and its tributaries to its confluence with Lake Sakakawea in North Dakota;   (v) the Missouri River and its tributaries to its confluence with the Yellowstone River in North Dakota; and   (vi) the Yellowstone River and its tributaries to its confluence with the Missouri River in North Dakota.   (b) The department may lease water subject to this subsection (2) under the provisions of 85-2-141.   (3) A right to appropriate water may not be acquired by any other method, including by adverse use, adverse possession, prescription, or estoppel. The method prescribed by this chapter is exclusive.   (4) All permit actions of the department after July 1, 1973, are recognized and confirmed subject to this part and any terms, conditions, and limitations placed on a permit by the department.   (5) Pursuant to 85-20-1902, the provisions of this section do not apply within the exterior boundaries of the Flathead Indian reservation.   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(1); amd. Sec. 3, Ch. 573, L. 1985; amd. Sec. 5, Ch. 497, L. 1997; amd. Sec. 1, Ch. 112, L. 2011; amd. Sec. 6, Ch. 294, L. 2015.
MT Code § 85-2-303 (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|85-2-303. Permit for conversion of nonproductive oil or gas well

  85-2-303. Permit for conversion of nonproductive oil or gas well. A person who desires to convert a nonproductive oil or gas well to a water well shall file a notice of completion or apply for a permit, depending on the maximum appropriation of the well, as otherwise provided in this chapter. The date of appropriation shall be the date of filing the notice of completion or the application for a permit.   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(6); amd. Sec. 7, Ch. 448, L. 1983.
MT Code § 85-2-304 (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|85-2-304. Appropriation by state board of land commissioners

  85-2-304. Appropriation by state board of land commissioners. The state board of land commissioners may, through the department, at its discretion, appropriate any available waters for use upon state lands and authorize the construction of irrigation works for these lands. The appropriation must be made in the same way and under the same laws as those governing the appropriation of water by individuals.   History: En. Sec. 2, Ch. 85, L. 1905; re-en. Sec. 2254, Rev. C. 1907; re-en. Sec. 1965, R.C.M. 1921; amd. Sec. 3, Ch. 280, L. 1965; amd. Sec. 113, Ch. 253, L. 1974; R.C.M. 1947, 81-2018; amd. Sec. 446, Ch. 418, L. 1995.
MT Code § 85-2-305 (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|85-2-305. Appropriation permit for reservoir

  85-2-305. Appropriation permit for reservoir. A person intending to appropriate water by means of a reservoir shall apply for a permit as prescribed in this chapter.   History: En. Sec. 25, Ch. 452, L. 1973; R.C.M. 1947, 89-889.