reglab/housing_qa huggingface dataset:
MT Code § 85-15-106 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 15. Dam Safety Act|Part 1. General Provisions|85-15-106. Definitions

  85-15-106. Definitions. Unless the context requires otherwise, in this chapter the following definitions apply:   (1) "Alterations" or "repairs" means alterations or repairs that may directly affect the safety of a dam or reservoir.   (2) "Appurtenant works" means all works incident or attached to a dam or reservoir, including but not limited to:   (a) a spillway, either in the dam or separate from it;   (b) the reservoir and its rim;   (c) a low-level outlet; and   (d) a water conduit such as a tunnel, pipeline, or penstock, either through the dam or its abutments.   (3) "Construction" or "construct" includes construction, alteration, repair, enlargement, or removal of a dam or reservoir.   (4) "Dam" means an artificial barrier, including appurtenant works, used to impound or divert water.   (5) "Department" means the department of natural resources and conservation provided for in Title 2, chapter 15, part 33.   (6) "Emergency" means a threat to life caused by the condition of a dam or reservoir or by present or imminent floods that threaten the structural integrity of any dam or reservoir.   (7) "Engineer" means a registered professional engineer licensed to practice in the state of Montana under Title 37, chapter 67, part 3.   (8) "Enlargement" means a change in or addition to an existing dam or reservoir that raises or may raise the water storage elevation or increases the impoundment capacity of the reservoir.   (9) "High-hazard dam" means a dam or reservoir with an impounding capacity of 50 acre-feet or more at the maximum normal operating pool, the failure of which would be likely to cause loss of life.   (10) "Inspection" means a visual or mechanical check, a measurement, a boring, or any other method necessary for determination of the adequacy of construction techniques, conformity of work with approved plans and specifications, or the safety and operating performance of a dam or reservoir.   (11) "Owner" means a person who owns, controls, operates, maintains, manages, or proposes to construct a dam or reservoir.   (12) "Person" means an individual, association, partnership, corporation, business trust, state agency, political subdivision, utility, municipal or quasi-municipal corporation, or other entity or authorized agent, lessee, or trustee of any of the foregoing.   (13) "Removal" means removing, taking down, or changing the location of a dam or reservoir.   (14) "Reservoir" means a valley, basin, coulee, ravine, or other land area that contains impounded water.   History: En. Sec. 2, Ch. 501, L. 1985; amd. Sec. 1, Ch. 366, L. 1991; amd. Sec. 1, Ch. 418, L. 1993.
MT Code § 85-15-107 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 15. Dam Safety Act|Part 1. General Provisions|85-15-107. Exemptions

  85-15-107. Exemptions. (1) The provisions of 85-15-108 through 85-15-110, 85-15-209 through 85-15-216, 85-15-305, 85-15-401, 85-15-502, and 85-15-503 do not apply to:   (a) dams subject to a permit issued pursuant to 82-4-335 for the period during which the dam is subject to the permit;   (b) federal dams and reservoirs;   (c) dams and reservoirs licensed and subject to inspection by the federal energy regulatory commission; or   (d) dams that are required to obtain a certificate of compliance pursuant to 75-20-201 for the period during which the dam is subject to the certificate.   (2) The provisions of 85-15-108 through 85-15-110, 85-15-209 through 85-15-216, 85-15-401, 85-15-502, and 85-15-503 do not apply to nonfederal dams and reservoirs located on federal lands if they are subject to a dam safety review by a federal agency.   (3) The provisions of 85-15-305 do not apply to dams and reservoirs at a national priority list site as defined by the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), Public Law 96-510.   History: En. 89-702.2 by Sec. 3, Ch. 335, L. 1975; R.C.M. 1947, 89-702.2; amd. Sec. 5, Ch. 501, L. 1985; Sec. 85-15-104, MCA 1983; redes. 85-15-107 by Code Commissioner, 1985; amd. Sec. 1, Ch. 159, L. 1987; amd. Sec. 2, Ch. 366, L. 1991; amd. Sec. 1, Ch. 612, L. 1993; amd. Sec. 17, Ch. 217, L. 2003.
MT Code § 85-15-108 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 15. Dam Safety Act|Part 1. General Provisions|85-15-108. Entry upon land

  85-15-108. Entry upon land. Any employee or agent of the department authorized by the director of the department may enter upon any land to carry out the purposes of this chapter. The department or its agent shall give reasonable notice to the landowner of the intention to enter upon the land.   History: En. Sec. 18, Ch. 501, L. 1985.
MT Code § 85-15-109 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 15. Dam Safety Act|Part 1. General Provisions|85-15-109. Legal assistance

  85-15-109. Legal assistance. When requested by the department, the attorney general or 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.   History: En. Sec. 19, Ch. 501, L. 1985.
MT Code § 85-15-110 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 15. Dam Safety Act|Part 1. General Provisions|85-15-110. Rules

  85-15-110. Rules. The department may adopt rules to implement the provisions of this chapter, including but not limited to rules to:   (1) classify high-hazard dams and reservoirs;   (2) review, approve, and issue permits;   (3) govern inspections under this chapter;   (4) establish safety standards for the design, construction, operation, and maintenance of high-hazard dams and reservoirs;   (5) establish emergency preparedness and warning procedures; and   (6) establish fees commensurate with costs to cover inspections under this chapter.   History: En. Sec. 20, Ch. 501, L. 1985.
MT Code § 85-15-111 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 15. Dam Safety Act|Part 1. General Provisions|85-15-111. through 85-15-114 reserved

  85-15-111 through 85-15-114 reserved.
MT Code § 85-15-115 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 15. Dam Safety Act|Part 1. General Provisions|85-15-115. Purpose

  85-15-115. Purpose. (1) The legislature finds that dams provide a variety of benefits to the state of Montana. These benefits include the regulation of streamflows for flood control; water storage for irrigation, for municipal, industrial, and stock water consumption, and for hydropower generation; improved opportunities for flatwater recreation; and improved fisheries. Additionally, dams play a crucial role in maintaining the vitality of Montana's economy. The state therefore has a legitimate and compelling interest in encouraging the construction of dams that conform to the water storage policy provided in 85-1-703.   (2) The legislature further finds that one impediment to the construction of new dams is the potential liability associated with dam construction and operation. The legislature understands the inherent risks to public safety associated with dam construction and operation but finds that compliance with the Montana Dam Safety Act reduces those risks to an acceptable level.   History: En. Sec. 2, Ch. 612, L. 1993.
MT Code § 85-15-201 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 15. Dam Safety Act|Part 2. Construction, Inspection, and Repair of Dams|85-15-201. Renumbered 85-15-306

  85-15-201. Renumbered 85-15-306. Code Commissioner, 1985.
MT Code § 85-15-202 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 15. Dam Safety Act|Part 2. Construction, Inspection, and Repair of Dams|85-15-202. Renumbered 85-15-307

  85-15-202. Renumbered 85-15-307. Code Commissioner, 1985.
MT Code § 85-15-203 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 15. Dam Safety Act|Part 2. Construction, Inspection, and Repair of Dams|85-15-203. Renumbered 85-15-308

  85-15-203. Renumbered 85-15-308. Code Commissioner, 1985.
MT Code § 85-15-204 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 15. Dam Safety Act|Part 2. Construction, Inspection, and Repair of Dams|85-15-204. Renumbered 85-15-309

  85-15-204. Renumbered 85-15-309. Code Commissioner, 1985.
MT Code § 85-15-205 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 15. Dam Safety Act|Part 2. Construction, Inspection, and Repair of Dams|85-15-205. Renumbered 85-15-310

  85-15-205. Renumbered 85-15-310. Code Commissioner, 1985.
MT Code § 85-15-206 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 15. Dam Safety Act|Part 2. Construction, Inspection, and Repair of Dams|85-15-206. Renumbered 85-15-311

  85-15-206. Renumbered 85-15-311. Code Commissioner, 1985.
MT Code § 85-15-207 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 15. Dam Safety Act|Part 2. Construction, Inspection, and Repair of Dams|85-15-207. Dams and reservoirs -- how constructed

  85-15-207. Dams and reservoirs -- how constructed. No person may fill or procure to be filled with water any dam or reservoir that is not so thoroughly and substantially constructed as to safely hold any water that may be turned therein.   History: En. Sec. 2138, Rev. C. 1907; re-en. Sec. 2658, R.C.M. 1921; re-en. Sec. 2658, R.C.M. 1935; R.C.M. 1947, 89-701; amd. Sec. 3, Ch. 501, L. 1985; Sec. 85-15-101, MCA 1983; redes. 85-15-207 by Code Commissioner, 1985.
MT Code § 85-15-208 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 15. Dam Safety Act|Part 2. Construction, Inspection, and Repair of Dams|85-15-208. Construction in a secure manner

  85-15-208. Construction in a secure manner. No person may construct or cause to be constructed a dam or reservoir for the purpose of accumulating, storing, appropriating, or diverting any of the waters of this state, except in a thorough, secure, and substantial manner.   History: En. Sec. 2139, Rev. C. 1907; amd. Sec. 1, Ch. 168, L. 1917; re-en. Sec. 2659, R.C.M. 1921; re-en. Sec. 2659, R.C.M. 1935; amd. Sec. 5, Ch. 280, L. 1965; amd. Sec. 1, Ch. 370, L. 1971; amd. Sec. 1, Ch. 209, L. 1973; amd. Sec. 1, Ch. 335, L. 1975; R.C.M. 1947, 89-702; amd. Sec. 4, Ch. 501, L. 1985; Sec. 85-15-102, MCA 1983; redes. 85-15-208 by Code Commissioner, 1985.
MT Code § 85-15-209 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 15. Dam Safety Act|Part 2. Construction, Inspection, and Repair of Dams|85-15-209. High-hazard dam -- determination

  85-15-209. High-hazard dam -- determination. A person proposing to construct a dam or reservoir with an impounding capacity of 50 acre-feet or more measured at the maximum normal operating pool shall make application to the department for a determination of whether the dam or reservoir is a high-hazard dam. The application must include the information required by the department. The department shall make the determination required by this section within 60 calendar days after a complete application is received by the department.   History: En. Sec. 6, Ch. 501, L. 1985; amd. Sec. 3, Ch. 418, L. 1993.
MT Code § 85-15-210 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 15. Dam Safety Act|Part 2. Construction, Inspection, and Repair of Dams|85-15-210. Preparation and approval of plans

  85-15-210. Preparation and approval of plans. (1) A person may not begin construction of a high-hazard dam as determined under 85-15-209 without first obtaining a construction permit from the department.   (2) An application for a construction permit must be submitted to the department and must contain:   (a) plans and specifications for the proposed construction, prepared by or under the direction of an engineer experienced in dam design and construction; and   (b) other data and information required by the department.   (3) Within 60 calendar days after receipt of the application and any additional information requested by the department, the department shall:   (a) issue a construction permit or deny the application, as filed; or   (b) issue a construction permit upon terms, conditions, or modifications the department considers appropriate.   History: En. Sec. 7, Ch. 501, L. 1985.
MT Code § 85-15-211 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 15. Dam Safety Act|Part 2. Construction, Inspection, and Repair of Dams|85-15-211. Inspection and reports during construction

  85-15-211. Inspection and reports during construction. (1) An engineer must be in charge of and responsible for inspections during construction of any high-hazard dam.   (2) Inspections during construction must be performed at intervals necessary to ensure conformity with the permit. The engineer in charge or a qualified designee shall perform the inspections.   (3) The department shall set procedures and requirements for reporting information obtained from, during, or as the result of an inspection. The engineer in charge shall certify all reports to the department.   (4) The department may also inspect the high-hazard dam during construction to ensure conformity with the construction permit.   (5) If the department finds that construction of the high-hazard dam does not conform with the construction permit, it may order that construction be stopped until changes are made in conformity with the permit.   History: En. Sec. 8, Ch. 501, L. 1985; amd. Sec. 4, Ch. 418, L. 1993.
MT Code § 85-15-212 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 15. Dam Safety Act|Part 2. Construction, Inspection, and Repair of Dams|85-15-212. Operating permit

  85-15-212. Operating permit. (1) An operation plan must be prepared by the owner and approved by the department prior to operation of the high-hazard dam or reservoir. The operation plan must set forth at a minimum:   (a) a reservoir operation procedure;   (b) a maintenance procedure for the high-hazard dam and appurtenant works; and   (c) emergency procedures and warning plans.   (2) When construction is complete and if the high-hazard dam or reservoir conforms to the construction permit and when an operation plan has been approved, the department shall issue a permit to operate the high-hazard dam or reservoir, containing conditions on the safe operation of the high-hazard dam as it considers necessary.   History: En. Sec. 9, Ch. 501, L. 1985; amd. Sec. 5, Ch. 418, L. 1993.
MT Code § 85-15-213 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 15. Dam Safety Act|Part 2. Construction, Inspection, and Repair of Dams|85-15-213. Periodic inspections after construction

  85-15-213. Periodic inspections after construction. (1) (a) A high-hazard dam, whether or not previously permitted by the department, must be inspected as often as considered necessary by the department, but at least once every 5 years, in order to ensure the continued safe operation of the high-hazard dam.   (b) The department determination that an inspection is necessary more often than once every 5 years, as provided in subsection (1)(a), must be based on substantive evidence, and the reasons for that determination must be stated in writing.   (2) Periodic inspections required by this section must be performed by a qualified engineer, who shall make a report of the inspection to the department. If the department finds that the high-hazard dam conforms to current safety standards, it shall issue or reissue, as the case may be, a permit to continue operation of the high-hazard dam, containing conditions on the safe operation of the high-hazard dam as it considers necessary.   (3) The owner is responsible for inspections required under this section.   History: En. Sec. 10, Ch. 501, L. 1985; amd. Sec. 6, Ch. 418, L. 1993.
MT Code § 85-15-214 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 15. Dam Safety Act|Part 2. Construction, Inspection, and Repair of Dams|85-15-214. Requested inspections -- costs -- limitations against unsafe structures

  85-15-214. Requested inspections -- costs -- limitations against unsafe structures. (1) At its discretion or upon receipt of an affidavit complaining that the person or property of the complainant is endangered by the construction, maintenance, or operation of any dam or reservoir, the department may order an inspection of the dam or reservoir unless the data, records, and inspection reports on file are adequate to determine that the complaint is not meritorious.   (2) If the complainant continues to request an inspection even though the department has determined under subsection (1) that the complaint is not meritorious, the department may make the inspection upon requiring the complainant to deposit with the department money sufficient to cover the costs of the inspection.   (3) If the dam or reservoir is found to be defective, the department may require the person who owns the dam or reservoir to pay all or part of the expenses of inspection. If the department requires such payment, it shall present a bill of costs to the owner. The costs shall constitute a lien upon the dam, reservoir, and other property of the owner and may be collected by appropriate action in a court of competent jurisdiction.   (4) If the dam or reservoir is not found to be defective after an inspection made under subsection (2), any money deposited by the complainant therefor must be paid to the general fund.   (5) If the inspection discloses defects in the dam or reservoir that, in the judgment of the department, constitute an immediate hazard to life or property, the department may order:   (a) the draining of the dam or reservoir;   (b) the limitation or cessation of use of the dam or reservoir or any defective appurtenant works; or   (c) any other steps to eliminate the hazard until the dam, reservoir, or appurtenant works have been made safe and approved by the department.   History: En. Sec. 11, Ch. 501, L. 1985.
MT Code § 85-15-215 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 15. Dam Safety Act|Part 2. Construction, Inspection, and Repair of Dams|85-15-215. Emergency repairs or breaching

  85-15-215. Emergency repairs or breaching. (1) In case of an emergency, the department may take any action necessary to safeguard life and property. This action must be commenced immediately by the owner, or by the department at the owner's expense if the owner fails to act. The department must be notified immediately of any proposed emergency repairs or breaching to be instituted by the owner.   (2) All costs incurred by the department during an emergency must be paid by the owner on receipt of a bill of costs from the department. The costs are a lien upon the dam, reservoir, and other property of the owner and may be collected by appropriate action in a court of competent jurisdiction.   History: En. Sec. 12, Ch. 501, L. 1985.
MT Code § 85-15-216 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 15. Dam Safety Act|Part 2. Construction, Inspection, and Repair of Dams|85-15-216. High-hazard dam permit cancellation

  85-15-216. High-hazard dam permit cancellation. Failure to comply with the provisions of 85-15-209 through 85-15-212 or 85-15-214 subjects the permit to cancellation at any time during the progress of construction or the operation of the high-hazard dam. The department is authorized to cancel any permit if the provisions of 85-15-209 through 85-15-212 or 85-15-214 have not been or are not being complied with, and the cancellation operates as a forfeiture of all rights acquired under and by virtue of any permit approved by the department.   History: En. Sec. 15, Ch. 501, L. 1985; amd. Sec. 7, Ch. 418, L. 1993.
MT Code § 85-15-301 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 15. Dam Safety Act|Part 3. Court Proceedings|85-15-301. Renumbered 85-15-402

  85-15-301. Renumbered 85-15-402. Code Commissioner, 1985.
MT Code § 85-15-302 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 15. Dam Safety Act|Part 3. Court Proceedings|85-15-302. Renumbered 85-15-403

  85-15-302. Renumbered 85-15-403. Code Commissioner, 1985.
MT Code § 85-15-303 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 15. Dam Safety Act|Part 3. Court Proceedings|85-15-303. Renumbered 85-15-404

  85-15-303. Renumbered 85-15-404. Code Commissioner, 1985.
MT Code § 85-15-304 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 15. Dam Safety Act|Part 3. Court Proceedings|85-15-304. Renumbered 85-15-501 (2)

  85-15-304. Renumbered 85-15-501(2). Code Commissioner, 1985.
MT Code § 85-15-305 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 15. Dam Safety Act|Part 3. Court Proceedings|85-15-305. Liability of owners for damage

  85-15-305. Liability of owners for damage. (1) Except as provided in subsections (2) and (3), nothing in this chapter relieves an owner of a dam or reservoir of any legal duty, obligation, or liability incident to its ownership or operation, including any damages resulting from leakage or overflow of water or floods caused by the failure of the dam or reservoir.   (2) The owner of a dam or reservoir that has been permitted by the department in accordance with this chapter or that was designed and constructed under the supervision of an engineer and properly maintained is, in the absence of negligence, not liable for damages to persons or property resulting from flows of water from failure of the dam or reservoir.   (3) In addition, the owner of any dam or reservoir that has been permitted by the department in accordance with this chapter or that was designed and constructed under the supervision of an engineer and properly maintained may, without incurring liability, allow passage through the reservoir of inflows without diminution.   History: En. Sec. 14, Ch. 501, L. 1985; amd. Sec. 3, Ch. 612, L. 1993.
MT Code § 85-15-306 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 15. Dam Safety Act|Part 3. Court Proceedings|85-15-306. Repealed

  85-15-306. Repealed. Sec. 9, Ch. 418, L. 1993.   History: En. Sec. 2140, Rev. C. 1907; amd. Sec. 2, Ch. 168, L. 1917; re-en. Sec. 2660, R.C.M. 1921; re-en. Sec. 2660, R.C.M. 1935; R.C.M. 1947, 89-703; Sec. 85-15-201, MCA 1983; redes. 85-15-306 by Code Commissioner, 1985.
MT Code § 85-15-307 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 15. Dam Safety Act|Part 3. Court Proceedings|85-15-307. Repealed

  85-15-307. Repealed. Sec. 9, Ch. 418, L. 1993.   History: En. Secs. 2141, 2142, 2143, Rev. C. 1907; re-en. Secs. 2661, 2662, 2663, R.C.M. 1921; re-en. Secs. 2661, 2662, 2663, R.C.M. 1935; R.C.M. 1947, 89-704, 89-705, 89-706; amd. Sec. 30, Ch. 526, L. 1983; Sec. 85-15-202, MCA 1983; redes. 85-15-307 by Code Commissioner, 1985.
MT Code § 85-15-308 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 15. Dam Safety Act|Part 3. Court Proceedings|85-15-308. Repealed

  85-15-308. Repealed. Sec. 9, Ch. 418, L. 1993.   History: En. Sec. 2144, Rev. C. 1907; re-en. Sec. 2664, R.C.M. 1921; re-en. Sec. 2664, R.C.M. 1935; R.C.M. 1947, 89-707; Sec. 85-15-203, MCA 1983; redes. 85-15-308 by Code Commissioner, 1985.
MT Code § 85-15-309 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 15. Dam Safety Act|Part 3. Court Proceedings|85-15-309. Repealed

  85-15-309. Repealed. Sec. 9, Ch. 418, L. 1993.   History: En. Sec. 2145, Rev. C. 1907; re-en. Sec. 2665, R.C.M. 1921; re-en. Sec. 2665, R.C.M. 1935; R.C.M. 1947, 89-708; Sec. 85-15-204, MCA 1983; redes. 85-15-309 by Code Commissioner, 1985.
MT Code § 85-15-310 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 15. Dam Safety Act|Part 3. Court Proceedings|85-15-310. Repealed

  85-15-310. Repealed. Sec. 9, Ch. 418, L. 1993.   History: En. Sec. 2146, Rev. C. 1907; re-en. Sec. 2666, R.C.M. 1921; re-en. Sec. 2666, R.C.M. 1935; R.C.M. 1947, 89-709; Sec. 85-15-205, MCA 1983; redes. 85-15-310 by Code Commissioner, 1985.