reglab/housing_qa huggingface dataset:
MT Code § 85-2-328 (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|85-2-328. Terminated

  85-2-328. Terminated. Sec. 6, Ch. 352, L. 1991.   History: En. Sec. 2, Ch. 352, L. 1991.
MT Code § 85-2-329 (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|85-2-329. Definitions

  85-2-329. Definitions. Unless the context requires otherwise, in 85-2-330 and this section, the following definitions apply:   (1) "Application" means an application for a beneficial water use permit pursuant to 85-2-302 or a state water reservation pursuant to 85-2-316.   (2) "Teton River basin" means the drainage area of the Teton River and its tributaries above the confluence of the Teton and Marias Rivers.   History: En. Sec. 1, Ch. 445, L. 1993; amd. Sec. 11, Ch. 497, L. 1997; amd. Sec. 4, Ch. 391, L. 2007; amd. Sec. 2, Ch. 59, L. 2019.
MT Code § 85-2-330 (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|85-2-330. Basin closure -- exceptions

  85-2-330. Basin closure -- exceptions. (1) As provided in 85-2-319 and subject to the provisions of subsection (2) of this section, the department may not grant an application for a permit to appropriate water or for a reservation to reserve water within the Teton River basin.   (2) The provisions of subsection (1) do not apply to:   (a) an application for a permit to appropriate ground water if the applicant complies with the provisions of 85-2-360;   (b) an application for a permit to appropriate water for a nonconsumptive use;   (c) an application for a permit to appropriate water for:   (i) domestic use from surface water or pursuant to 85-2-306;   (ii) stock use; or   (iii) use of surface water by or for a municipality;   (d) an application to store water during high spring flows;   (e) temporary emergency appropriations, including for emergency fire training and emergency fire-related operations, as provided for in 85-2-113(3); or   (f) an application for a permit to appropriate surface water to conduct response actions related to natural resource restoration required for:   (i) remedial actions pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. 9601, et seq.;   (ii) aquatic resource activities carried out in compliance with and as required by the federal Clean Water Act of 1977, 33 U.S.C. 1251 through 1387; or   (iii) remedial actions taken pursuant to Title 75, chapter 10, part 7.   (3) A permit issued to conduct remedial actions or aquatic resource activities under subsection (2)(f) may not be used for dilution.   (4) A change of use authorization for changing the purpose of use may not be issued for any permit issued pursuant to subsection (2)(b), (2)(c), (2)(e), or (2)(f).   History: En. Sec. 2, Ch. 445, L. 1993; amd. Sec. 451, Ch. 418, L. 1995; amd. Sec. 5, Ch. 391, L. 2007; amd. Sec. 3, Ch. 264, L. 2017.
MT Code § 85-2-331 (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|85-2-331. Reservations within Missouri River basin and Little Missouri River basin

  85-2-331. Reservations within Missouri River basin and Little Missouri River basin. (1) Except as provided in 85-20-1401, the state, an agency or political subdivision of the state, or the United States or an agency of the United States that desires to apply for a state water reservation in the Missouri River basin or in the Little Missouri River basin shall file an application pursuant to 85-2-316 no later than:   (a) July 1, 1989, for reservation of water above Fort Peck dam; or   (b) July 1, 1991, for reservation of water below Fort Peck dam and in the Little Missouri River basin.   (2) Subject to legislative appropriation, the department shall provide technical and financial assistance to other state agencies and political subdivisions in applying for state water reservations within the Missouri River basin and the Little Missouri River basin.   (3) Except as provided in 85-20-1401, the department shall:   (a) make a final determination in accordance with 85-2-316 on all applications filed before July 1, 1989, for state water reservations in the Missouri River basin above Fort Peck dam.   (b) make a final determination in accordance with 85-2-316 on all applications filed before July 1, 1991, for state water reservations in the Missouri River basin below Fort Peck dam and in the Little Missouri River basin.   (c) determine which applications or portions of applications are considered to be above or below Fort Peck dam.   (4) Except as provided in 85-20-1401, state water reservations approved by the department under this section have a priority date of July 1, 1985, in the Missouri River basin and a priority date of July 1, 1989, in the Little Missouri River basin. If the department issued a permit under Title 85, chapter 2, part 3, prior to the granting of a state water reservation under this section, the department may subordinate the state water reservation to the permit if it finds that the subordination does not interfere substantially with the purpose of any state water reservation. If the department issued a certificate for ground water development under Title 85, chapter 2, part 3, prior to the granting of a reservation under this section, the department may subordinate the reservation to the certificate if it finds that the subordination does not interfere substantially with the purpose of any reservation and the reservant consents to the subordination. The department shall by order establish the relative priority of applications approved under this section.   History: En. Sec. 16, Ch. 573, L. 1985; amd. Sec. 3, HB 952, L. 1985; amd. Sec. 7, Ch. 535, L. 1987; amd. Sec. 1, Ch. 134, L. 1989; amd. Sec. 1, Ch. 303, L. 1993; amd. Sec. 452, Ch. 418, L. 1995; amd. Sec. 2, Ch. 330, L. 1997; amd. Sec. 12, Ch. 497, L. 1997; amd. Sec. 12, Ch. 213, L. 2007.
MT Code § 85-2-332 (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|85-2-332. through 85-2-334 reserved

  85-2-332 through 85-2-334 reserved.
MT Code § 85-2-335 (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|85-2-335. Definitions

  85-2-335. Definitions. Unless the context requires otherwise, in 85-2-335, 85-2-336, and 85-2-338, the following definitions apply:   (1) "Application" means an application for a beneficial water use permit pursuant to 85-2-302.   (2) "Upper Clark Fork River basin" means the drainage area of the Clark Fork River and the Blackfoot River and their tributaries above the confluence of the Clark Fork River and the Blackfoot River.   History: En. Sec. 1, Ch. 741, L. 1991; amd. Sec. 1, Ch. 487, L. 1995; amd. Sec. 1, Ch. 142, L. 2007; amd. Sec. 6, Ch. 391, L. 2007.
MT Code § 85-2-336 (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|85-2-336. Basin closure -- exception

  85-2-336. Basin closure -- exception. (1) As provided in 85-2-319 and subject to the provisions of subsection (2) of this section, the department may not grant an application for a permit to appropriate water within the upper Clark Fork River basin.   (2) The provisions of subsection (1) do not apply to:   (a) an application for a permit to appropriate ground water if the applicant complies with the provisions of 85-2-360;   (b) an application for a permit to appropriate surface water to conduct aquatic resource activities carried out in compliance with and as required by the federal Clean Water Act of 1977, 33 U.S.C. 1251 through 1387. A permit issued to conduct aquatic resource actions may not be used for dilution.   (c) an application for a permit to appropriate water for stock use;   (d) an application to store water;   (e) an application submitted pursuant to 85-20-1401, Article VI; or   (f) an application for power generation at existing hydroelectric dams. The department may not approve a permit for power generation if approval results in additional consumption of water.   (3) A change of use authorization for changing the purpose of use may not be issued for any permit issued pursuant to subsection (2)(b) or (2)(c).   (4) Except as provided in 85-20-1401, applications for state water reservations in the upper Clark Fork River basin filed pursuant to 85-2-316 and pending as of May 1, 1991, have a priority date of May 1, 1991. The filing of a state water reservation application does not provide standing to object under 85-2-402.   (5) Except as provided in 85-20-1401, the department may not process or approve applications for state water reservations in the upper Clark Fork River basin filed pursuant to 85-2-316.   History: En. Sec. 2, Ch. 741, L. 1991; amd. Sec. 453, Ch. 418, L. 1995; amd. Sec. 2, Ch. 487, L. 1995; amd. Sec. 13, Ch. 497, L. 1997; amd. Sec. 13, Ch. 213, L. 2007; amd. Sec. 7, Ch. 391, L. 2007.
MT Code § 85-2-337 (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|85-2-337. Repealed

  85-2-337. Repealed. Sec. 27, Ch. 391, L. 2007.   History: En. Sec. 3, Ch. 741, L. 1991; amd. Sec. 1, Ch. 353, L. 1997.
MT Code § 85-2-339 (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|85-2-339. Terminated

  85-2-339. Terminated. Sec. 6, Ch. 281, L. 1999.   History: En. Sec. 1, Ch. 281, L. 1999.
MT Code § 85-2-340 (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|85-2-340. Definitions

  85-2-340. Definitions. Unless the context requires otherwise, in 85-2-341 and this section, the following definitions apply:   (1) "Application" means an application for a beneficial water use permit pursuant to 85-2-302 or a state water reservation pursuant to 85-2-316.   (2) "Ground water" has the meaning provided in 85-2-102.   (3) "Jefferson River basin" means the drainage area of the Jefferson River and its tributaries above the confluence of the Jefferson and Missouri Rivers.   (4) "Madison River basin" means the drainage area of the Madison River and its tributaries above the confluence of the Madison and Jefferson Rivers.   History: En. Sec. 1, Ch. 244, L. 1993; amd. Sec. 14, Ch. 497, L. 1997; amd. Sec. 8, Ch. 391, L. 2007; amd. Sec. 3, Ch. 59, L. 2019.
MT Code § 85-2-341 (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|85-2-341. Basin closure -- exceptions

  85-2-341. Basin closure -- exceptions. (1) As provided in 85-2-319 and subject to the provisions of subsection (2) of this section, the department may not grant an application for a permit to appropriate water or for a state water reservation to reserve water within the Jefferson River basin or Madison River basin.   (2) The provisions of subsection (1) do not apply to:   (a) an application for a permit to appropriate ground water if the applicant complies with the provisions of 85-2-360;   (b) an application for a permit to appropriate water for a nonconsumptive use;   (c) an application for a permit to appropriate water for:   (i) domestic use from surface water or pursuant to 85-2-306;   (ii) stock use; or   (iii) use of surface water by or for a municipality;   (d) an application to store water during high spring flows;   (e) an application submitted pursuant to 85-20-1401, Article VI;   (f) temporary emergency appropriations, including for emergency fire training and emergency fire-related operations, as provided for in 85-2-113(3);   (g) an application for a permit to appropriate surface water to conduct response actions related to natural resource restoration required for:   (i) remedial actions pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. 9601, et seq.;   (ii) aquatic resource activities carried out in compliance with and as required by the federal Clean Water Act of 1977, 33 U.S.C. 1251 through 1387; or   (iii) remedial actions taken pursuant to Title 75, chapter 10, part 7.   (3) A permit issued to conduct remedial actions or aquatic resource activities under subsection (2)(g) may not be used for dilution.   (4) A change of use authorization for changing the purpose of use may not be issued for any permit issued pursuant to subsection (2)(b), (2)(c), (2)(f), or (2)(g).   History: En. Sec. 2, Ch. 244, L. 1993; amd. Sec. 454, Ch. 418, L. 1995; amd. Sec. 15, Ch. 497, L. 1997; amd. Sec. 14, Ch. 213, L. 2007; amd. Sec. 9, Ch. 391, L. 2007; amd. Sec. 4, Ch. 264, L. 2017.
MT Code § 85-2-342 (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|85-2-342. Definitions

  85-2-342. Definitions. Unless the context requires otherwise, in 85-2-343 and this section, the following definitions apply:   (1) "Application" means an application for a beneficial water use permit pursuant to 85-2-302 or a state water reservation pursuant to 85-2-316.   (2) "Upper Missouri River basin" means the drainage area of the Missouri River and its tributaries above Morony dam.   History: En. Sec. 1, Ch. 385, L. 1993; amd. Sec. 16, Ch. 497, L. 1997; amd. Sec. 10, Ch. 391, L. 2007; amd. Sec. 4, Ch. 59, L. 2019.
MT Code § 85-2-343 (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|85-2-343. Basin closure -- exceptions

  85-2-343. Basin closure -- exceptions. (1) As provided in 85-2-319 and subject to the provisions of subsection (2) of this section, the department may not grant an application for a permit to appropriate water or for a reservation to reserve water within the upper Missouri River basin until the final decrees have been issued in accordance with part 2 of this chapter for all of the subbasins of the upper Missouri River basin.   (2) The provisions of subsection (1) do not apply to:   (a) an application for a permit to appropriate ground water if the applicant complies with the provisions of 85-2-360;   (b) an application for a permit to appropriate water for a nonconsumptive use;   (c) an application for a permit to appropriate water for:   (i) domestic use from surface water or pursuant to 85-2-306;   (ii) stock use; or   (iii) use of surface water by or for a municipality;   (d) an application to store water during high spring flows;   (e) an application for a permit to use water from the Muddy Creek drainage, which drains to the Sun River, if the proposed use of water will help control erosion in the Muddy Creek drainage;   (f) an application submitted pursuant to 85-20-1401, Article VI;   (g) temporary emergency appropriations, including for emergency fire training and emergency fire-related operations, as provided for in 85-2-113(3); or   (h) an application for a permit to appropriate surface water to conduct response actions related to natural resource restoration required for:   (i) remedial actions pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. 9601, et seq.;   (ii) aquatic resource activities carried out in compliance with and as required by the federal Clean Water Act of 1977, 33 U.S.C. 1251 through 1387; or   (iii) remedial actions taken pursuant to Title 75, chapter 10, part 7.   (3) A permit issued to conduct remedial actions or aquatic resource activities under subsection (2)(h) may not be used for dilution.   (4) A change of use authorization for changing the purpose of use may not be issued for any permit issued pursuant to subsection (2)(b), (2)(c), (2)(e), (2)(g), or (2)(h).   History: En. Sec. 2, Ch. 385, L. 1993; amd. Sec. 455, Ch. 418, L. 1995; amd. Sec. 1, Ch. 441, L. 1997; amd. Sec. 15, Ch. 213, L. 2007; amd. Sec. 11, Ch. 391, L. 2007; amd. Sec. 5, Ch. 264, L. 2017.
MT Code § 85-2-345 (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|85-2-345. through 85-2-349 reserved

  85-2-345 through 85-2-349 reserved.
MT Code § 85-2-350 (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|85-2-350. Repealed

  85-2-350. Repealed. Sec.2, Ch. 284, L. 2021.  History: En. Sec. 1, Ch. 447, L. 2001; amd. Sec. 1, Ch. 434, L. 2005; amd. Sec. 71, Ch. 44, L. 2007; amd. Sec. 11, Ch. 122, L. 2015; amd. Sec. 122, Ch. 261, L. 2021.
MT Code § 85-2-351 (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|85-2-351. Notice to permitholders -- Clark Fork River basin

  85-2-351. Notice to permitholders -- Clark Fork River basin. The department shall provide a written notice to each person that receives a provisional water use permit to appropriate water within the Clark Fork River basin. The written notice must state: "This provisional water use permit has a priority date that is junior to the rights of senior water right holders in the Clark Fork River Basin. In accordance with Montana law, you may be subject to a call by senior water right holders, in which case you may be required to discontinue your use of water for the period of the call."   History: En. Sec. 2, Ch. 447, L. 2001.
MT Code § 85-2-352 (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|85-2-352. through 85-2-354 reserved

  85-2-352 through 85-2-354 reserved.
MT Code § 85-2-355 (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|85-2-355. Definitions

  85-2-355. Definitions. As used in 85-2-306, the following definitions apply:   (1) "Ephemeral stream" means a watercourse that has a channel and that carries water only during and shortly after precipitation or snow melt events.   (2) "Intermittent stream" means a nonperennial flowing stream that has a channel and that annually carries water but is dry for part of the year in most years.   (3) "Perennial flowing stream" means a stream that has flowed continuously during all seasons during dry as well as wet years, except when the flow is interrupted by diversions.   History: En. Sec. 1, Ch. 161, L. 2005; amd. Sec. 2, Ch. 455, L. 2015.
MT Code § 85-2-356 (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|85-2-356. through 85-2-359 reserved

  85-2-356 through 85-2-359 reserved.
MT Code § 85-2-360 (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|85-2-360. Ground water appropriation right in closed basins

  85-2-360. Ground water appropriation right in closed basins. (1) An application for a ground water appropriation right in a basin closed pursuant to 85-2-319, 85-2-321, 85-2-330, 85-2-336, 85-2-341, 85-2-343, or 85-2-344 must be accompanied by a hydrogeologic report conducted pursuant to 85-2-361, an aquifer recharge or mitigation plan if required, and an application for a change in appropriation right or rights if necessary.   (2) The department shall use the hydrogeologic report to determine if the proposed appropriation right could result in a net depletion of surface water.   (3) (a) For the purposes of 85-2-360 through 85-2-362, the prediction of net depletion does not mean that an adverse effect on a prior appropriator will occur or if an adverse effect does occur that the entire amount of net depletion is the cause of the adverse effect. A determination of whether or not there is an adverse effect on a prior appropriator as the result of a new appropriation right is a determination that must be made by the department based on the rate, location, and timing of the net depletion that causes the adverse effect relative to the historic beneficial use of the appropriation right that may be adversely affected.   (b) The department may not consider an adverse effect caused by the grant of an application pursuant to this section on any water right listed on a written consent to approval filed pursuant to 85-2-311.   (c) The department may grant a permit for a new appropriation only if the applicant proves by a preponderance of the evidence that the adverse effect would be offset through an aquifer recharge or mitigation plan that meets the requirements of 85-2-362. (Subsection (3)(b) terminates September 30, 2023--sec. 8, Ch. 243, L. 2017.)   History: En. Sec. 14, Ch. 391, L. 2007; amd. Sec. 7, Ch. 335, L. 2013; amd. Sec. 4, Ch. 243, L. 2017.
MT Code § 85-2-361 (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|85-2-361. Hydrogeologic report -- minimum requirements

  85-2-361. Hydrogeologic report -- minimum requirements. (1) A hydrogeologic report must include:   (a) a description of the proposed appropriation, including the point of diversion, the place of use, the area affected by the proposed appropriation, and aquifers and surface waters that may be affected by the proposed appropriation right;   (b) the amount of water diverted and the amount of water consumed by the proposed appropriation right;   (c) the amount of water that will likely be lost in conveyance, the amount of conveyance losses that would return to the system, and the location where conveyance losses would return to the system;   (d) the amount, timing, and location of return flows from the proposed use;   (e) the geology of the affected area, including stratigraphy and structure;   (f) the parameters of the aquifer system within the affected area to include estimates for:   (i) the lateral and vertical extent of the aquifer;   (ii) an analysis of whether the aquifer is confined or unconfined; and   (iii) the transmissivity and storage coefficient related to the aquifer;   (g) the locations of surface waters within the affected area that are subject to an appropriation right that may show a net depletion;   (h) an analysis of whether there may be a net depletion of surface water in the affected area and the rate, location, and timing of the depletion, if any; and   (i) a description of any water treatment method used at the time of any type of injection or introduction of water to the aquifer to ensure compliance with 75-5-410, 85-2-364, and the water quality laws under Title 75, chapter 5.   (2) A hydrogeologic report must be prepared by a hydrogeologist, a qualified scientist, or a qualified licensed professional engineer.   (3) The hydrogeologic report, the test well data, the monitoring well data, and other related information must be submitted to the department. The department shall submit this information to the bureau of mines and geology. The bureau of mines and geology shall make the information available through the ground water information center database.   History: En. Sec. 15, Ch. 391, L. 2007; amd. Sec. 8, Ch. 335, L. 2013.