reglab/housing_qa huggingface dataset:
MT Code § 85-2-212 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 2. Adjudication of Water Rights|85-2-212. Order by supreme court

  85-2-212. Order by supreme court. (1) The Montana supreme court shall within 10 days of the filing of the petition by the attorney general issue an order to file a statement of a claim of an existing water right in substantially the following form:   "WATER RIGHTS ORDER   FAILURE TO FILE A CLAIM AS REQUIRED BY LAW WILL RESULT IN A CONCLUSIVE PRESUMPTION THAT THE WATER RIGHT OR CLAIMED WATER RIGHT HAS BEEN ABANDONED. (This introductory sentence shall be printed in not less than 12-point boldface type.) This order is notice of commencement of procedures for the general adjudication of existing rights to the use of water and of the requirement to file a claim for certain existing rights to the use of water. Every person, including but not limited to an individual, partnership, association, public or private corporation, city or other municipality, county, state agency or the state of Montana, and federal agency of the United States of America on its own behalf or as trustee for any Indian or Indian tribe, asserting a claim to an existing right to the use of water arising prior to July 1, 1973, is ordered to file a statement of claim to that right with the department no later than June 30, 1983. Claims for stock and individual as opposed to municipal domestic uses based upon instream flow or ground water sources are exempt from this requirement; however, claims for such uses may be voluntarily filed. Claims filed with the department in the Powder River basin in a declaration filed pursuant to the order of the department of natural resources and conservation or a district court issued pursuant to sections 8 and 9 of Chapter 452, Laws of 1973, or under sections 3 and 4 of Chapter 485, Laws of 1975, are also exempt.   For further information, contact the department of natural resources and conservation, Helena, Montana, for a copy of the law and an explanation of it."   (2) Upon petition of the attorney general, the Montana supreme court shall issue the order called for in subsection (1) with a shorter claim filing period of not less than 1 year, subject to extension not beyond June 30, 1983, by the Montana supreme court upon petition of the attorney general, in those basins or subbasins where state adjudication jurisdiction is being or is likely to be challenged.   History: En. Sec. 16, Ch. 697, L. 1979.
MT Code § 85-2-213 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 2. Adjudication of Water Rights|85-2-213. Notice of order

  85-2-213. Notice of order. To ensure that all persons who may claim an existing water right are notified of the requirement to file a claim of that right, the Montana supreme court shall give notice of the order as follows:   (1) It shall cause the order, printed in not less than 10-point type, to be placed in a prominent and conspicuous place in all daily newspapers of the state and in at least one newspaper published in each county of the state within 30 days after the Montana supreme court order as provided in 85-2-212.   (2) It shall cause the order, in writing, to be placed in a prominent and conspicuous location in each county courthouse in the state within 30 days after the Montana supreme court order as provided in 85-2-212.   (3) It shall provide copies of the order, in writing, to the press services with offices located in Helena within 30 days after the Montana supreme court order as provided in 85-2-212.   (4) It shall, under authority granted to the states by 43 U.S.C. 666, provide for service of the petition and order upon the United States attorney general or the attorney general's designated representative.   (5) It may also in its discretion give notice of the order in any other manner that will carry out the purposes of this section.   (6) It may also in its discretion order that the department or the water judge assist the Montana supreme court in carrying out this section.   History: En. Sec. 17, Ch. 697, L. 1979; amd. Sec. 3, Ch. 629, L. 1993; amd. Sec. 27, Ch. 389, L. 1999.
MT Code § 85-2-214 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 2. Adjudication of Water Rights|85-2-214. Commencement of action

  85-2-214. Commencement of action. (1) The action for the adjudication of all existing water rights under Title 3, chapter 7, Title 85, chapter 2, part 7, and this part is commenced with the issuing of the order by the Montana supreme court to file a statement of a claim of an existing water right as provided in 85-2-212. For each claim, the action is considered filed in the judicial district of the county in which the diversion is made or, if there is a claimed right with no diversion, in the judicial district of the county in which the use occurs.   (2) The water judge shall monitor the claim filing procedure for claims within the judge's water division and make orders necessary to ensure timely and accurate compliance with the claim filing procedure.   History: En. Secs. 6, 20, Ch. 697, L. 1979; amd. Sec. 2757, Ch. 56, L. 2009.
MT Code § 85-2-215 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 2. Adjudication of Water Rights|85-2-215. Consolidation of matters

  85-2-215. Consolidation of matters. The water judge may consolidate all matters concerning the determination and interpretation of existing water rights within the water judge's division in any combination or groups of claims or matters for joint hearings or proceedings conducted by the water judge or water master in any location within the division. The water judge may make such consolidations as are necessary to administer the requirements of this part and part 7 in adjudicating claims of existing water rights.   History: En. Sec. 6, Ch. 697, L. 1979.
MT Code § 85-2-216 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 2. Adjudication of Water Rights|85-2-216. Venue for water rights determinations

  85-2-216. Venue for water rights determinations. All matters concerning the determination and interpretation of existing water rights shall be brought before or immediately transferred to the water judge in the proper water division unless witnesses have been sworn and testimony has been taken by a district court prior to the date of the Montana supreme court order as provided in 85-2-212.   History: En. Sec. 6, Ch. 697, L. 1979.
MT Code § 85-2-217 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 2. Adjudication of Water Rights|85-2-217. Suspension of adjudication

  85-2-217. Suspension of adjudication. While negotiations for the conclusion of a compact under part 7 are being pursued, all proceedings to generally adjudicate reserved Indian water rights and federal reserved water rights of those tribes and federal agencies that are negotiating are suspended. The obligation to file water rights claims for those federal non-Indian and Indian reserved rights is also suspended. This suspension is effective until July 1, 2013, as long as negotiations are continuing or ratification of a completed compact is being sought. If approval by the state legislature and tribes or federal agencies has not been accomplished by July 1, 2013, the suspension must terminate on that date. Upon termination of the suspension of this part, the tribes and the federal agencies are subject to the special filing requirements of 85-2-702(3) and all other requirements of the state water adjudication system provided for in Title 85, chapter 2. Those tribes and federal agencies that choose not to negotiate their federal non-Indian and Indian reserved water rights are subject to the full operation of the state adjudication system and may not benefit from the suspension provisions of this section.   History: En. Sec. 27, Ch. 697, L. 1979; amd. Sec. 4, Ch. 268, L. 1981; amd. Sec. 1, Ch. 667, L. 1985; amd. Sec. 1, Ch. 358, L. 1987; amd. Sec. 2, Ch. 784, L. 1991; amd. Sec. 1, Ch. 44, L. 1997; amd. Sec. 3, Ch. 497, L. 1997; amd. Sec. 1, Ch. 103, L. 2003; amd. Sec. 1, Ch. 5, L. 2009.
MT Code § 85-2-218 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 2. Adjudication of Water Rights|85-2-218. Process and criteria for designating priority basins or subbasins

  85-2-218. Process and criteria for designating priority basins or subbasins. (1) The water judges and the department, in performing their functions in the adjudication process, shall give priority to basins or subbasins designated each biennium by the legislature. Basins or subbasins must be designated according to the following criteria:   (a) recurring water shortages within the basin or subbasin have resulted in urgent water rights controversies that require adjudication to determine relative rights;   (b) federal or Indian reserved rights are nearing determination, either by compact or adjudication, thus making adjudication of other rights in the basin or subbasin important for timely issuance of preliminary or final decrees;   (c) the basin or subbasin's location would help ensure efficient use of department and water court resources; and   (d) the adjudication process in the basin or subbasin is nearing the issuance of a decree.   (2) The water judge may designate a basin for priority adjudication upon petition of 100 or more persons who have filed claims within the basin or may designate a subbasin for priority adjudication upon petition of a majority of persons who have filed claims within the subbasin. However, the basin or subbasin may receive priority only if it meets one or more of the criteria in subsection (1).   (3) If adjudication work in one or more of the priority basins or subbasins has been completed or has been suspended for good cause, the water judge may select other basins or subbasins for priority adjudication based on the criteria in subsection (1).   History: En. Sec. 10, Ch. 651, L. 1987; amd. Sec. 2758, Ch. 56, L. 2009.
MT Code § 85-2-219 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 2. Adjudication of Water Rights|85-2-219. and 85-2-220 reserved

  85-2-219 and 85-2-220 reserved.
MT Code § 85-2-222 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 2. Adjudication of Water Rights|85-2-222. Definition -- filing process -- notice

  85-2-222. Definition -- filing process -- notice. (1) As used in this section, "exempt right" means those claims for existing rights for livestock and individual uses as opposed to municipal domestic uses based upon instream flow or ground water sources and claims for rights in the Powder River basin included in a declaration filed pursuant to the order of the department or a district court issued under sections 8 and 9 of Chapter 452, Laws of 1973, or under sections 3 and 4 of Chapter 485, Laws of 1975. An exempt right is exempt from the filing requirements of 85-2-221(1).   (2) A person claiming an exempt right:   (a) may file with the department no later than June 30, 2019, a statement of claim for each water right asserted;   (b) shall submit information required by 85-2-224(1) and (2) on a form provided by the department; and   (c) shall pay the fees pursuant to 85-2-225.   (3) A claim of an exempt right constitutes prima facie proof of its content.   (4) The provisions of 85-2-233, 85-2-243, and 85-2-248, as well as supreme court examination rules, apply to any statement of claim of an exempt right filed under this section.   (5) Failure to file a claim for an exempt right under this section:   (a) does not result in the forfeiture of an existing water right; and   (b) subordinates the existing right to all other water rights except those exempt rights for which a claim has not been filed.   (6) Notice of the filing deadline provided in subsection (2) must be published by the department once a week for 2 consecutive weeks in a daily newspaper of general county circulation. The notice must be clearly posted in each county courthouse. The department shall send to the last-known address of each unique property owner a written notice of the filing deadline and a claim form at least once by July 1, 2017.   (7) The department may not accept any statements of claim submitted or postmarked after June 30, 2019. The department shall notify a person who files a claim after June 30, 2019, that the person's claim will not be accepted.   (8) All fees collected under this section must be deposited in the account established under 85-2-280.   History: En. Sec. 11, Ch. 697, L. 1979; amd. Sec. 1, Ch. 323, L. 2013; amd. Sec. 3, Ch. 338, L. 2017.
MT Code § 85-2-223 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 2. Adjudication of Water Rights|85-2-223. Public recreational uses

  85-2-223. Public recreational uses. The department of fish, wildlife, and parks shall exclusively represent the public for purposes of establishing any prior and existing public recreational use in existing right determinations under this part, provided that the foregoing shall not exclude a federal governmental entity from representing the public for the purpose of establishing any prior and existing public recreational use in existing right determinations under this part. The foregoing shall not be construed in any manner as a legislative determination of whether or not a recreational use sought to be established prior to July 1, 1973, is or was a beneficial use.   History: En. Sec. 12, Ch. 697, L. 1979.
MT Code § 85-2-224 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 2. Adjudication of Water Rights|85-2-224. Statement of claim

  85-2-224. Statement of claim. (1) The statement of claim for each right arising under the laws of the state and for each right reserved under the laws of the United States that has been actually put to use must include substantially the following:   (a) the name and mailing address of the claimant;   (b) the name of the watercourse or water source from which the right to divert or make use of water is claimed, if available;   (c) the quantities of water and times of use claimed;   (d) the legal description, with reasonable certainty, of the point or points of diversion and places of use of waters;   (e) the purpose of use, including, if for irrigation, the number of acres irrigated;   (f) the approximate dates of first putting water to beneficial use for the various amounts and times claimed in subsection (1)(c); and   (g) the sworn statement that the claim set forth is true and correct to the best of claimant's knowledge and belief.   (2) A claimant filing a statement of claim under subsection (1) shall submit maps, plats, aerial photographs, decrees, pertinent portions of those documents, or other evidence in support of the claim. All maps, plats, or aerial photographs should show as nearly as possible to scale the point of diversion, place of use, place of storage, and other pertinent conveyance facilities.   (3) Any statement of claim for rights reserved under the laws of the United States that have not yet been put to use must include substantially the following:   (a) the name and mailing address of the claimant;   (b) the name of the watercourse or water source from which the right to divert or make use of water is claimed, if available;   (c) the quantities of water claimed;   (d) the priority date claimed;   (e) the laws of the United States on which the claim is based; and   (f) the sworn statement that the claim set forth is true and correct to the best of the claimant's knowledge and belief.   History: En. Sec. 13, Ch. 697, L. 1979; amd. Sec. 2, Ch. 667, L. 1985; amd. Sec. 2759, Ch. 56, L. 2009.
MT Code § 85-2-225 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 2. Adjudication of Water Rights|85-2-225. Filing fee -- processing fee for remitted claims

  85-2-225. Filing fee -- processing fee for remitted claims. (1) Each claim filed under 85-2-221 must be accompanied by a filing fee in the amount of $40, subject to the following exceptions:   (a) the total filing fees for all claims filed by one person in any one water court division may not exceed $480; and   (b) a filing fee is not required to accompany a claim of an existing right that is included in a decree of a court in the state of Montana and that is accompanied by a copy of that decree or pertinent portion of the decree.   (2) A claim that is exempt from the filing requirements of 85-2-221(1) but that is voluntarily filed must be accompanied by a filing fee in the amount of $40. Exempt claims for a single development with several uses if filed simultaneously may be accompanied by a filing fee in the amount of $40.   (3) (a) In addition to the filing fee set forth in subsection (1), each statement of claim filed under 85-2-221(3) must be accompanied by a processing fee in the amount of $150, which must be deposited in the general fund.   (b) The water judge shall assess against the late claimant all reasonable administrative costs and expenses that may be incurred by the court due to the filing of the late claim and the consideration of the objection, and the assessment must be deposited in the general fund.   (4) Each claim filed under 85-2-222 must be accompanied by a filing fee in the amount of $130, except that:   (a) the total filing fees for all claims under 85-2-222 filed by one person in any one water court division may not exceed $1,560; and   (b) a filing fee is not required to accompany a claim of an existing right that is included in a decree of a court in the state of Montana and that is accompanied by a copy of that decree or pertinent portion of the decree.   History: En. Sec. 18, Ch. 697, L. 1979; amd. Sec. 1, Ch. 253, L. 1981; amd. Sec. 5, Ch. 268, L. 1981; amd. Sec. 5, Ch. 629, L. 1993; amd. Sec. 28, Ch. 389, L. 1999; amd. Sec. 70, Ch. 44, L. 2007; amd. Sec. 4, Ch. 338, L. 2017.
MT Code § 85-2-226 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 2. Adjudication of Water Rights|85-2-226. Abandonment by failure to file claim

  85-2-226. Abandonment by failure to file claim. The failure to file a claim of an existing right as required by 85-2-221(1) establishes a conclusive presumption of abandonment of that right.   History: En. Sec. 14, Ch. 697, L. 1979; amd. Sec. 6, Ch. 629, L. 1993.
MT Code § 85-2-227 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 2. Adjudication of Water Rights|85-2-227. Claim to constitute prima facie evidence -- relevant evidence -- abandonment -- criteria for presumption of municipal nonabandonment

  85-2-227. Claim to constitute prima facie evidence -- relevant evidence -- abandonment -- criteria for presumption of municipal nonabandonment. (1) For purposes of adjudicating rights pursuant to this part, a claim of an existing right filed in accordance with 85-2-221 or an amended claim of existing right constitutes prima facie proof of its content until the issuance of a final decree. For purposes of administering water rights, the provisions of a temporary preliminary decree or a preliminary decree, as modified after objections and hearings, supersede a claim of existing right until a final decree is issued.   (2) A water judge may consider all relevant evidence in the determination and interpretation of existing water rights. Relevant evidence under this part may include admissible evidence arising before or after July 1, 1973.   (3) Subject to the provisions of subsection (4), a water judge may determine all or part of an existing water right to be abandoned based on a consideration of all admissible evidence that is relevant, including, without limitation, evidence relating to acts or intent occurring in whole or in part after July 1, 1973.   (4) In a determination of abandonment made under subsection (3), the legislature finds that a water right that is claimed for municipal use by a city, town, or other public or private entity that operates a public water supply system, as defined in 75-6-102, is presumed to not be abandoned if the city, town, or other private or public entity has used any part of the water right or municipal water supply and there is admissible evidence that the city, town, or other public or private entity also has:   (a) obtained a filtration waiver under the federal Safe Drinking Water Act, 42 U.S.C. 300(f), et seq.;   (b) acquired, constructed, or regularly maintained diversion or conveyance structures for the future municipal use of the water right;   (c) conducted a formal study, prepared by a registered professional engineer or qualified consulting firm, that includes a specific assessment that using the water right for municipal supply is feasible and that the amount of the water right is reasonable for foreseeable future needs; or   (d) maintained facilities connected to the municipal water supply system to apply the water right to:   (i) an emergency municipal water supply;   (ii) a supplemental municipal water supply; or   (iii) any other use approved by the department under Title 85, chapter 2, part 4.   History: En. Sec. 15, Ch. 697, L. 1979; amd. Sec. 5, Ch. 604, L. 1989; amd. Sec. 2, Ch. 174, L. 1997; amd. Sec. 1, Ch. 213, L. 1999; amd. Sec. 1, Ch. 17, L. 2005.
MT Code § 85-2-228 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 2. Adjudication of Water Rights|85-2-228. Federal reserved water rights with priority date of July 1, 1973, or later -- process and adjudication -- purpose

  85-2-228. Federal reserved water rights with priority date of July 1, 1973, or later -- process and adjudication -- purpose. (1) The purpose of this section is to ensure that a federal reserved water right with a priority date of July 1, 1973, or later is subject to the same process and adjudication as a federal reserved water right with a priority date before July 1, 1973.   (2) Under authority granted to the states by 43 U.S.C. 666, a federal reserved water right that has a priority date of July 1, 1973, or later and that is asserted by a federal agency is subject to the claim filing requirements and all other applicable requirements of the state water adjudication system provided for in Title 85, chapter 2, parts 2 and 7.   (3) At the request of a federal agency, the reserved water rights compact commission may negotiate to conclude a compact under Title 85, chapter 2, part 7, for a federal reserved water right with a priority date of July 1, 1973, or later.   (4) Whenever necessary, a water judge may reopen any decree issued pursuant to Title 85, chapter 2, to process the asserted or negotiated federal reserved water right.   History: (1)En. Sec. 1, Ch. 343, L. 1991; (2) through (4)En. Sec. 2, Ch. 343, L. 1991; amd. Sec. 4, Ch. 497, L. 1997.
MT Code § 85-2-229 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 2. Adjudication of Water Rights|85-2-229. and 85-2-230 reserved

  85-2-229 and 85-2-230 reserved.