reglab/housing_qa huggingface dataset:
MT Code § 85-2-362 (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|85-2-362. Aquifer recharge or mitigation plans in closed basins -- minimum requirements

  85-2-362. Aquifer recharge or mitigation plans in closed basins -- minimum requirements. (1) An applicant whose hydrogeologic report conducted pursuant to 85-2-361 predicts that there will be a net depletion of surface water shall submit an aquifer recharge or mitigation plan. An aquifer recharge or mitigation plan must include:   (a) where and how the water in the plan will be put to beneficial use;   (b) when and where, generally, water for aquifer recharge or mitigation will be required;   (c) the amount of water that is required for aquifer recharge or mitigation;   (d) how the proposed project or beneficial use for which the aquifer recharge or mitigation plan is required will be operated;   (e) evidence that an application for a change in appropriation right, if necessary, has been submitted;   (f) evidence of water availability;   (g) evidence of how the aquifer recharge or mitigation plan will offset the required amount of net depletion of surface water in a manner that will offset an adverse effect on a prior appropriator; and   (h) evidence that the appropriate water quality permits have been granted pursuant to Title 75, chapter 5, as required by 75-5-410 and 85-2-364.   (2) In addition to the requirements of subsection (1), an aquifer recharge plan must include a description of the process by which water will be reintroduced to the aquifer.   (3) The department may not require an applicant, through an aquifer recharge or mitigation plan, to provide more water than the quantity needed to offset the adverse effects on a prior appropriator caused by the net depletion.   (4) An appropriation right that relies on an aquifer recharge or mitigation plan must require that the aquifer recharge or mitigation plan be exercised when the appropriation right is exercised.   History: En. Sec. 16, Ch. 391, L. 2007; amd. Sec. 2, Ch. 104, L. 2009; amd. Sec. 9, Ch. 335, L. 2013.
MT Code § 85-2-363 (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|85-2-363. Repealed

  85-2-363. Repealed. Sec. 13, Ch. 335, L. 2013.   History: En. Sec. 17, Ch. 391, L. 2007.
MT Code § 85-2-364 (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|85-2-364. Department permit coordination -- requirements for aquifer recharge or mitigation plans

  85-2-364. Department permit coordination -- requirements for aquifer recharge or mitigation plans. To ensure that the department and the department of environmental quality are coordinating their respective permitting activities:   (1) an applicant for a new appropriation right pursuant to 85-2-360 that involves aquifer recharge or mitigation shall provide the department with a copy of a relevant discharge permit if necessary; and   (2) the department may not grant a new appropriation right pursuant to 85-2-360 that involves aquifer recharge or mitigation until the discharge permit, if necessary, has been obtained and presented to the department.   History: En. Sec. 18, Ch. 391, L. 2007; amd. Sec. 3, Ch. 104, L. 2009.
MT Code § 85-2-365 (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|85-2-365. through 85-2-367 reserved

  85-2-365 through 85-2-367 reserved.
MT Code § 85-2-368 (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|85-2-368. Aquifer storage and recovery projects in closed basins

  85-2-368. Aquifer storage and recovery projects in closed basins. (1) An aquifer storage and recovery project may be authorized in a closed basin.   (2) In addition to the criteria provided in Title 85, chapter 2, part 3, and 85-2-402, an aquifer storage and recovery project must meet the requirements provided in 75-5-410 and 85-2-360 through 85-2-364.   History: En. Sec. 20, Ch. 391, L. 2007.
MT Code § 85-2-369 (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|85-2-369. Permit not required for testing

  85-2-369. Permit not required for testing. (1) Water testing or monitoring is not a beneficial use of water requiring the filing of a permit application.   (2) A permit is not required if the intent of a person is to conduct aquifer tests, water quality tests, water level monitoring, or other testing or monitoring of a water source.   History: En. Sec. 21, Ch. 391, L. 2007; amd. Sec. 10, Ch. 335, L. 2013.
MT Code § 85-2-370 (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|85-2-370. Rulemaking

  85-2-370. Rulemaking. The department may adopt rules to implement the provisions of 75-5-410, 85-2-360 through 85-2-364, and 85-2-368. The rules must be oriented toward the protection of existing rights from adverse effects from net depletions caused by new appropriation rights or changes in appropriation rights in closed basins and must be consistent with and not exceed the requirements of 75-5-410, 85-2-360 through 85-2-364, and 85-2-368.   History: En. Sec. 22, Ch. 391, L. 2007.
MT Code § 85-2-371 (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|85-2-371. through 85-2-379 reserved

  85-2-371 through 85-2-379 reserved.
MT Code § 85-2-380 (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|85-2-380. Stream depletion zones -- establishment -- rulemaking

  85-2-380. Stream depletion zones -- establishment -- rulemaking. (1) Notwithstanding the provisions of subsection (2), the department may establish a stream depletion zone by rule if:   (a) the stream depletion zone lies within 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; and   (b) there exists a hydrogeologic assessment for the area where the stream depletion zone is proposed that was conducted by either the ground water investigation program established by 85-2-525 or by a hydrogeologist or a qualified licensed professional engineer.   (2) If the provisions of subsection (1) are met, the department shall initiate rulemaking to establish a stream depletion zone upon receipt of a petition signed by:   (a) a municipality, county, conservation district, or local water quality district formed under Title 7, chapter 13, part 45; or   (b) the owners of at least 15% of the flow rate of the surface water rights in the area estimated to be affected, the boundary of which cannot exceed the boundaries of the drainage subdivisions established by the office of water data coordination, United States geological survey, and used by the water court.   (3) The department shall provide notice of the rulemaking by first-class mail to an appropriator of water who, according to the records of the department, may be affected by the proposed stream depletion zone.   (4) In establishing rules related to stream depletion zones, the department shall consult with the ground water investigation program and the ground water assessment steering committee established by 2-15-1523.   History: En. Sec. 3, Ch. 421, L. 2013.
MT Code § 85-2-381 (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|85-2-381. Water right enforcement of ground water uses exempt from permitting -- findings and purpose

  85-2-381. Water right enforcement of ground water uses exempt from permitting -- findings and purpose. (1) The legislature finds that:   (a) the state of Montana has managed the allocation of water under the prior appropriation doctrine for more than 100 years;   (b) Article IX, section 3, of the Montana constitution recognizes and confirms all existing water rights;   (c) the right to the use of water through a water right is a recognized property right;   (d) the development of ground water wells that are exempt from permitting may have an adverse effect on other water rights;   (e) the Water Use Act requires the department to coordinate the development and use of the water resources of the state so as to effect full utilization, conservation, and protection of its water resources; and   (f) the ability to develop ground water wells that are exempt from permitting contributes to the full utilization of the water resources of the state.   (2) The establishment of a stream depletion zone pursuant to 85-2-380 provides a conclusive, scientific basis for determining where ground water rights that are exempt from permitting are affecting senior surface water rights.   (3) The purpose of this section is to continue allocating water under the exemptions provided for in 85-2-306 while providing a process by which senior water right holders may protect their rights under the prior appropriation doctrine. Nothing in this section is intended to limit the ability of a senior water right holder to enforce a water right or limit that enforcement to a specific area. Creation of a stream depletion zone is not a prerequisite to an enforcement action.   (4) Any use of water granted by a certificate of water right pursuant to 85-2-306(3)(a) is subject to enforcement according to priority by:   (a) any remedy legally available;   (b) the department, upon receiving a complaint, through the provisions of 85-2-114 and 85-2-122; or   (c) a water commissioner appointed pursuant to 85-5-101.   (5) For each certificate issued pursuant to 85-2-306(3)(a) after October 1, 2013, the department shall include written notice of the provisions of this section.   History: En. Sec. 4, Ch. 421, L. 2013.
MT Code § 85-2-401 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 4. Utilization of Water|85-2-401. Priority -- recognition and confirmation of changes in appropriations issued after July 1, 1973

  85-2-401. Priority -- recognition and confirmation of changes in appropriations issued after July 1, 1973. (1) As between appropriators, the first in time is the first in right. Priority of appropriation does not include the right to prevent changes by later appropriators in the condition of water occurrence, such as the increase or decrease of streamflow or the lowering of a water table, artesian pressure, or water level, if the prior appropriator can reasonably exercise the water right under the changed conditions.   (2) Priority of appropriation made under this chapter dates from the filing of an application for a permit with the department, except as otherwise provided in 85-2-301 through 85-2-303, 85-2-306, 85-2-310(8), and 85-2-313.   (3) Priority of appropriation perfected before July 1, 1973, must be determined as provided in part 2 of this chapter.   (4) All changes in appropriation rights 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 change in appropriation authorization by the department.   History: En. Sec. 27, Ch. 452, L. 1973; R.C.M. 1947, 89-891; amd. Sec. 33, Ch. 697, L. 1979; amd. Sec. 17, Ch. 497, L. 1997; amd. Sec. 17, Ch. 213, L. 2007; amd. Sec. 6, Ch. 251, L. 2009.
MT Code § 85-2-403 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 4. Utilization of Water|85-2-403. Transfer of appropriation right

  85-2-403. Transfer of appropriation right. (1) The right to use water shall pass with a conveyance of the land or transfer by operation of law, unless specifically exempted therefrom. All transfers of interests in appropriation rights shall be without loss of priority.   (2) Failure to comply with the provisions of 85-2-402 does not render a conveyance or reservation of a water right void, but the right may not be used until the department has approved the change. This subsection applies retroactively, within the meaning of 1-2-109, to a conveyance or reservation made after July 1, 1973.   History: En. Sec. 29, Ch. 452, L. 1973; amd. Sec. 4, Ch. 238, L. 1974; R.C.M. 1947, 89-893; amd. Sec. 16, Ch. 448, L. 1983; amd. Sec. 7, Ch. 674, L. 1983; amd. Sec. 9, Ch. 535, L. 1987.
MT Code § 85-2-404 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 4. Utilization of Water|85-2-404. Abandonment of appropriation right

  85-2-404. Abandonment of appropriation right. (1) If an appropriator ceases to use all or a part of an appropriation right with the intention of wholly or partially abandoning the right or if the appropriator ceases using the appropriation right according to its terms and conditions with the intention of not complying with those terms and conditions, the appropriation right is, to that extent, considered abandoned and must immediately expire.   (2) If an appropriator ceases to use all or part of an appropriation right or ceases using the appropriation right according to its terms and conditions for a period of 10 successive years and there was water available for use, there is a prima facie presumption that the appropriator has abandoned the right for the part not used.   (3) If an appropriator ceases to use all or part of an appropriation right in compliance with a candidate conservation agreement initiated pursuant to 50 CFR 17.32 or because the land to which the water is applied to a beneficial use is contracted under a state or federal conservation set-aside program:   (a) the set-aside and resulting reduction in use of the appropriation right does not represent an intent by the appropriator to wholly or partially abandon the appropriation right or to not comply with the terms and conditions attached to the right; and   (b) the period of nonuse that occurs for part or all of the appropriation right as a result of the contract may not create or may not be added to any previous period of nonuse to create a prima facie presumption of abandonment.   (4) The lease of an existing right pursuant to 85-2-436 or a temporary change in appropriation right pursuant to 85-2-407 or 85-2-408 does not constitute an abandonment or serve as evidence that could be used to establish an abandonment of any part of the right.   (5) Subsections (1) and (2) do not apply to existing rights until they have been finally determined in accordance with part 2 of this chapter.   History: En. Sec. 30, Ch. 452, L. 1973; R.C.M. 1947, 89-894; amd. Sec. 1, Ch. 339, L. 1987; amd. Sec. 3, Ch. 658, L. 1989; amd. Sec. 2, Ch. 435, L. 1991; amd. Sec. 8, Ch. 487, L. 1995; amd. Sec. 5, Ch. 174, L. 1997; amd. Sec. 4, Ch. 85, L. 2005; amd. Sec. 1, Ch. 355, L. 2007.
MT Code § 85-2-405 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 4. Utilization of Water|85-2-405. Procedure for declaring appropriation rights abandoned

  85-2-405. Procedure for declaring appropriation rights abandoned. (1) When the department has reason to believe that an appropriator may have abandoned an appropriation right under 85-2-404 or when another appropriator in the opinion of the department files a valid claim that the appropriator has been or will be injured by the resumption of use of an appropriation right alleged to have been abandoned, the department shall petition the district court that determined the existing rights in the source of the appropriation in question to hold a hearing to determine whether the appropriation right has been abandoned. Proceedings under this section must be conducted in accordance with the Montana Rules of Civil Procedure, and appeal must be taken in accordance with the Montana Rules of Appellate Procedure.   (2) At the hearing, the burden of proof is on the department, which shall establish by a preponderance of the evidence that the appropriation has been abandoned under 85-2-404.   (3) The determination of the court must be appended to the final decree. The department shall keep a copy of the determination in its office in Helena.   History: En. Sec. 31, Ch. 452, L. 1973; R.C.M. 1947, 89-895; amd. Sec. 2761, Ch. 56, L. 2009.
MT Code § 85-2-408 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 4. Utilization of Water|85-2-408. Temporary change authorization for instream flow -- additional requirements

  85-2-408. Temporary change authorization for instream flow -- additional requirements. (1) The department shall accept and process an application for a temporary change in appropriation rights to maintain or enhance instream flow to benefit the fishery resource under the provisions of 85-2-402, 85-2-407, and this section. The application must:   (a) include specific information on the length and location of the stream reach in which the streamflow is to be maintained or enhanced; and   (b) provide a detailed streamflow measuring plan that describes the point where and the manner in which the streamflow must be measured.   (2) (a) A temporary change authorization under the provisions of this section is allowable only if the owner of the water right voluntarily agrees to:   (i) change the purpose of a consumptive use water right to instream flow for the benefit of the fishery resource; or   (ii) lease a consumptive use water right to another person for instream flow to benefit the fishery resource.   (b) For the purpose of this subsection (2), "person" means and is limited to an individual, association, partnership, or corporation.   (3) In addition to the requirements of 85-2-402 and 85-2-407, an applicant for a change authorization under this section shall prove by a preponderance of evidence that:   (a) the temporary change authorization for water to maintain and enhance instream flow to benefit the fishery resource, as measured at a specific point, will not adversely affect the water rights of other persons; and   (b) the amount of water for the proposed use is needed to maintain or enhance instream flows to benefit the fishery resource.   (4) The applicant is not required to prove a lack of adverse effect for any water right identified in a written consent to approval filed pursuant to 85-2-402 in connection with a change application.   (5) The department shall approve the method of measurement of the water to maintain and enhance instream flow to benefit the fishery resource through a temporary change authorization as provided in this section.   (6) Only the owner of the water right may seek enforcement of the temporary change authorization or object under 85-2-308.   (7) A temporary change authorization under this section does not create a right of access across private property or allow any infringement of private property rights.   (8) The maximum quantity of water that may be changed to maintain and enhance streamflows to benefit the fishery resource is the amount historically diverted. However, only the amount historically consumed, or a smaller amount if specified by the department in the lease authorization, may be used to maintain or enhance streamflows to benefit the fishery resource below the existing point of diversion. (Subsection (4) terminates September 30, 2023--sec. 8, Ch. 243, L. 2017.)   History: En. Sec. 1, Ch. 322, L. 1995; amd. Sec. 6, Ch. 85, L. 2005; amd. Sec. 7, Ch. 243, L. 2017.
MT Code § 85-2-409 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 4. Utilization of Water|85-2-409. Repealed

  85-2-409. Repealed. Sec. 9, Ch. 85, L. 2005.   History: En. Sec. 4, Ch. 322, L. 1995.
MT Code § 85-2-411 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 4. Utilization of Water|85-2-411. Water turned into natural channels

  85-2-411. Water turned into natural channels. Water appropriated under an existing right or pursuant to this chapter may be turned into the natural channel of another stream or from a reservoir into the natural channel and withdrawn or diverted at a point downstream for beneficial use, but the waters of that stream may not thereby be diminished in quantity or deteriorated in quality to the detriment of a prior appropriator. Water stored in a reservoir under an existing right or pursuant to this chapter which is turned into a natural channel for withdrawal or diversion and beneficial use downstream shall not be considered a part of the natural flow of that stream.   History: En. 89-891.1 by Sec. 1, Ch. 103, L. 1974; R.C.M. 1947, 89-891.1.
MT Code § 85-2-412 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 4. Utilization of Water|85-2-412. Return of surplus water to stream

  85-2-412. Return of surplus water to stream. If, by virtue of prior appropriation, a person has diverted all the water of any stream or to an extent that there may not be an amount sufficient left for those having a subsequent right to the waters of the stream and there is, at any time, a surplus of water so diverted, over and above what is actually and necessarily used by the prior appropriator, the prior appropriator must be required to turn and cause to flow back into the stream the surplus water. Upon failure to do so within 24 hours after demand being made upon the prior appropriator in writing, to the prior appropriator in person or at the prior appropriator's place of residence, by any person having a right to the use of the surplus water, the person diverting the water is liable to the person aggrieved for the damage resulting from the diversion in a sum determined by court.   History: En. Sec. 1, p. 52, L. 1879; re-en. Sec. 731, p. 562, 5th Div. Rev. Stat. 1879; re-en. Sec. 1239, 5th Div. Comp. Stat. 1887; amd. Sec. 1884, Civ. C. 1895; re-en. Sec. 1, Ch. 56, L. 1907; Sec. 4844, Rev. C. 1907; re-en. Sec. 7097, R.C.M. 1921; re-en. Sec. 7097, R.C.M. 1935; R.C.M. 1947, 89-805; amd. Sec. 2762, Ch. 56, L. 2009.
MT Code § 85-2-413 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 4. Utilization of Water|85-2-413. Diversion of natural flow of waters -- when permitted

  85-2-413. Diversion of natural flow of waters -- when permitted. A person who owns or is in possession of lands susceptible of irrigation from any stream, the waters of which are so diminished by prior appropriations that a sufficient amount of water for the irrigation of the person's lands cannot be obtained from the natural flow of the stream, and who constructs a reservoir or purchases or leases water from a reservoir owned by the department or another or otherwise acquires an interest in the reservoir or in water stored in the reservoir, which is located so that because of natural or other obstacles the water impounded in the reservoir cannot be conducted to the lands that the person desires to irrigate, may, if the stored water can be discharged into the stream in a manner that it can be used beneficially by prior appropriators, divert the natural flow of the stream for the irrigation of the person's lands in lieu of an equal amount of stored water. However, an exchange of water under this section must be made without injury to prior appropriators.   History: En. Sec. 1, Ch. 39, L. 1937; amd. Sec. 155, Ch. 253, L. 1974; R.C.M. 1947, 89-806; amd. Sec. 2763, Ch. 56, L. 2009.