reglab/housing_qa huggingface dataset:
MT Code § 85-2-510 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 5. Ground Water|85-2-510. Production of water from oil and gas wells -- hearings -- jurisdiction of board of oil and gas conservation

  85-2-510. Production of water from oil and gas wells -- hearings -- jurisdiction of board of oil and gas conservation. Within any designated or modified controlled ground water area or subarea wherein oil and/or gas wells produce either fresh, brackish, or saline water associated with oil and gas, the volume of production of which is dependent entirely on the oil and/or gas withdrawals, such production of water shall be under the prior jurisdiction of the board of oil and gas conservation. Hearings pertaining to the production, use, or disposal of water from those wells shall be held by that board in accordance with the procedures established by that board. The department may petition the board of oil and gas conservation for hearings in regard to those operations, and it shall be notified by the board of oil and gas conservation of those hearings instigated by other parties when those hearings involve operations within a controlled ground water area or subarea.   History: En. Sec. 6, Ch. 237, L. 1961; amd. Sec. 170, Ch. 253, L. 1974; R.C.M. 1947, 89-2916(2).
MT Code § 85-2-511 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 5. Ground Water|85-2-511. Repealed

  85-2-511. Repealed. Sec. 8, Ch. 86, L. 2009.   History: En. Sec. 7, Ch. 237, L. 1961; amd. Sec. 42, Ch. 452, L. 1973; amd. Sec. 171, Ch. 253, L. 1974; R.C.M. 1947, 89-2917.
MT Code § 85-2-512 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 5. Ground Water|85-2-512. Investigations

  85-2-512. Investigations. (1) The department shall compile information for the purpose of enabling it to comply with this part. In compiling this information, the department shall make use of investigations, technical personnel, surveys, and information available from the Montana bureau of mines and geology, the United States geological survey, the board of oil and gas conservation, the department of environmental quality, and any other private, state, or governmental agency.   (2) The department may request specific investigations by the public agencies listed in subsection (1) whenever desired information is not otherwise available.   History: En. Sec. 23, Ch. 237, L. 1961; amd. Sec. 179, Ch. 253, L. 1974; R.C.M. 1947, 89-2933; amd. Sec. 462, Ch. 418, L. 1995.
MT Code § 85-2-513 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 5. Ground Water|85-2-513. Repealed

  85-2-513. Repealed. Sec. 8, Ch. 86, L. 2009.   History: En. Sec. 24, Ch. 237, L. 1961; amd. Sec. 180, Ch. 253, L. 1974; R.C.M. 1947, 89-2934.
MT Code § 85-2-514 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 5. Ground Water|85-2-514. Inspection of wells

  85-2-514. Inspection of wells. The department, the state bureau of mines and geology, or the department of environmental quality may enter on the property of any appropriator where a well is situated, at any reasonable hour of the day, for the purpose of investigating any matters in connection with this part.   History: En. Sec. 17, Ch. 237, L. 1961; amd. Sec. 174, Ch. 253, L. 1974; R.C.M. 1947, 89-2927; amd. Sec. 463, Ch. 418, L. 1995.
MT Code § 85-2-515 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 5. Ground Water|85-2-515. Information available to public

  85-2-515. Information available to public. Such information as is required or secured under the provisions hereof shall constitute public records and as such shall be available to the public at all reasonable times.   History: En. Sec. 18, Ch. 237, L. 1961; R.C.M. 1947, 89-2928.
MT Code § 85-2-516 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 5. Ground Water|85-2-516. Well logs

  85-2-516. Well logs. (1) Within 60 days after any well is completed, the driller shall file with the bureau a well log report.   (2) Except as provided in subsection (3), the well log report must be filed on a form specified by the department in consultation with the board of water well contractors provided for in 2-15-3307 and the bureau. The driller shall provide a location for the well using at least two methods as specified on the form.   (3) The bureau may allow submission of the well log report in an electronic format that is in accordance with the form specified as provided in subsection (2).   (4) The bureau may return the report for refiling if it is incomplete or incorrect.   History: En. 89-2928.1 by Sec. 44, Ch. 452, L. 1973; amd. Sec. 175, Ch. 253, L. 1974; R.C.M. 1947, 89-2928.1; amd. Sec. 4, Ch. 78, L. 2001; amd. Sec. 1, Ch. 14, L. 2003; amd. Sec. 2, Ch. 412, L. 2007.
MT Code § 85-2-517 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 5. Ground Water|85-2-517. Reports by water well drillers

  85-2-517. Reports by water well drillers. The forms, reports, and information required to be filed by this part are in addition to all other reports and information which the drillers of water wells in the state are required by law to file with agencies of the state.   History: En. Sec. 19, Ch. 237, L. 1961; amd. Sec. 48, Ch. 460, L. 1977; R.C.M. 1947, 89-2929.
MT Code § 85-2-518 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 5. Ground Water|85-2-518. Repealed

  85-2-518. Repealed. Sec. 8, Ch. 86, L. 2009.   History: En. Sec. 22, Ch. 237, L. 1961; amd. Sec. 178, Ch. 253, L. 1974; R.C.M. 1947, 89-2932.
MT Code § 85-2-519 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 5. Ground Water|85-2-519. Repealed

  85-2-519. Repealed. Sec. 500, Ch. 418, L. 1995.   History: En. 89-2934.1 by Sec. 45, Ch. 452, L. 1973; amd. Sec. 181, Ch. 253, L. 1974; R.C.M. 1947, 89-2934.1.
MT Code § 85-2-520 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 5. Ground Water|85-2-520. Repealed

  85-2-520. Repealed. Sec. 8, Ch. 86, L. 2009.   History: En. Sec. 26, Ch. 237, L. 1961; amd. Sec. 182, Ch. 253, L. 1974; R.C.M. 1947, 89-2936; amd. Sec. 464, Ch. 418, L. 1995.
MT Code § 85-2-521 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 5. Ground Water|85-2-521. Renumbered 82-11-175

  85-2-521. Renumbered 82-11-175. Sec. 1, Ch. 117, L. 2003.
MT Code § 85-2-522 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 5. Ground Water|85-2-522. Aquifer tests

  85-2-522. Aquifer tests. (1) Aquifer tests required by a state agency must be forwarded by the agency to the bureau.   (2) Except as provided in subsection (3), the aquifer test report must be filed on a form specified by the department in consultation with the department of environmental quality and the bureau.   (3) The bureau may allow submission of an aquifer test report in an electronic format if it meets the requirements for the form provided for in subsection (2).   History: En. Sec. 3, Ch. 412, L. 2007.
MT Code § 85-2-523 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 5. Ground Water|85-2-523. Rulemaking

  85-2-523. Rulemaking. The department shall adopt rules for the purpose of implementing 85-2-506 and other controlled ground water area statutes. The rules must include but are not limited to petition requirements and the hearing procedure and process for controlled ground water areas.   History: En. Sec. 4, Ch. 86, L. 2009.
MT Code § 85-2-524 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 5. Ground Water|85-2-524. Criteria for petition applications

  85-2-524. Criteria for petition applications. Municipalities, counties, conservation districts, and local water quality districts may establish specific criteria for acceptance of an application to the municipality, county, conservation district, or local water quality district to petition for creation of a controlled ground water area and other criteria necessary to implement this part. Those criteria may include but are not limited to:   (1) the submission of substantial credible evidence that one or more of the criteria provided in 85-2-506(5) are met;   (2) a description of proposed measures, if any, to mitigate effects of the criteria identified in 85-2-506(5);   (3) a description of proposed studies for a temporary controlled ground water area;   (4) a requirement that an application be supported by owners of at least one-fourth of the water rights with a point of diversion of water within the boundaries of the proposed controlled ground water area;   (5) a requirement that an applicant pay an application or processing fee for the application; and   (6) a description of proposed funding for studies for a controlled ground water area.   History: En. Sec. 7, Ch. 86, L. 2009.
MT Code § 85-2-525 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 5. Ground Water|85-2-525. Ground water investigation program -- advisory committee

  85-2-525. Ground water investigation program -- advisory committee. (1) The Montana bureau of mines and geology shall develop and implement a ground water investigation program for the purpose of collecting and compiling ground water and aquifer data. The program shall gather data, compile existing information, conduct field studies, and prepare a detailed hydrogeologic assessment report for each subbasin. The program shall develop a monitoring plan and a hydrogeologic model for each subbasin for which a report is prepared.   (2) The ground water assessment steering committee, established by 2-15-1523, shall prioritize subbasins for investigation based upon current and anticipated growth of agriculture, industry, housing, and commercial activity. Permit applications for the development of surface water or ground water and the timing of adjudication of water rights may be taken into account in prioritizing subbasins.   (3) The bureau of mines and geology shall report, in accordance with 5-11-210, on the work of the ground water investigation program to the water policy committee established in 5-5-231.   History: En. Sec. 1, Ch. 436, L. 2009; amd. Sec. 4, Ch. 465, L. 2019.
MT Code § 85-2-526 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 5. Ground Water|85-2-526. Ground water investigation program account -- use

  85-2-526. (Temporary) Ground water investigation program account -- use. (1) There is a ground water investigation program account in the state special revenue fund. The account is administered by the Montana bureau of mines and geology and is statutorily appropriated, as provided in 17-7-502, for the purpose of funding activities related to the ground water investigation program, as provided in 85-2-525.   (2) Interest and income earnings in the account must be deposited into the account.   (3) Any money in the account that is unspent or unencumbered at the end of the fiscal year must remain in the account. (Terminates July 1, 2023--sec. 7, Ch. 465, L. 2019.)   History: En. Sec. 1, Ch. 465, L. 2019.
MT Code § 85-2-527 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 5. Ground Water|85-2-527. General fund transfer

  85-2-527. (Temporary) General fund transfer. By August 15 of each year, the state treasurer shall transfer $250,000 plus the approved inflation factor contained in the revenue estimating resolution each fiscal year from the general fund to the ground water investigation program account for the purpose of funding the ground water investigation program. (Terminates July 1, 2023--sec. 7, Ch. 465, L. 2019.)   History: En. Sec. 2, Ch. 465, L. 2019.
MT Code § 85-2-601 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 6. Yellowstone River Basin|85-2-601. Statement of legislative findings and policy

  85-2-601. Statement of legislative findings and policy. The legislature, noting that appropriations have been claimed, that applications have been filed for, and that there is further widespread interest in making substantial appropriations of water in the Yellowstone River basin, finds that these appropriations threaten the depletion of Montana's water resources to the significant detriment of existing and projected agricultural, municipal, recreational, and other uses and of wildlife and aquatic habitat. The legislature further finds that these appropriations foreclose the options to the people of this state to utilize water for other future beneficial purposes, including municipal water supplies, irrigation systems, and minimum flows for the protection of existing rights and aquatic life. The legislature, pursuant to its mandate and authority under Article IX of the Montana constitution, declares that it is the policy of this state that before these proposed appropriations are acted upon, existing rights to water in the Yellowstone basin must be accurately determined for their protection and that reservations of water within the basin must be established as rapidly as possible for the preservation and protection of existing and future beneficial uses.   History: En. 89-8-103 by Sec. 1, Ch. 116, L. 1974; R.C.M. 1947, 89-8-103.
MT Code § 85-2-602 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 6. Yellowstone River Basin|85-2-602. Definitions

  85-2-602. Definitions. Unless the context clearly requires otherwise, in this part the following definitions apply:   (1) (a) "Application" means an application for a permit under part 3 of this chapter to appropriate surface water from any source of supply within the basin for either or both of the following purposes:   (i) a reservoir with a total planned capacity of 14,000 acre-feet or more; or   (ii) for a flow rate greater than 20 cubic feet of water per second.   (b) The term also includes an application for approval under 85-2-402 and 85-2-436, if applicable, to change the purpose of use.   (2) "Basin" means the Yellowstone River basin.   (3) "Reservation" means a reservation of water provided for by 85-2-316.   History: En. 89-8-104 by Sec. 2, Ch. 116, L. 1974; R.C.M. 1947, 89-8-104(Intro.), (2) thru (4); amd. Sec. 6, Ch. 448, L. 2007.
MT Code § 85-2-603 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 6. Yellowstone River Basin|85-2-603. Suspension of action

  85-2-603. Suspension of action. (1) The department may not grant or otherwise take any action on an application until one of the following first occurs:   (a) the department makes a final determination on the applications for reservations of water in the basin filed before January 1, 1977, in accordance with 85-2-316;   (b) a final determination of existing rights has been made in the source of supply in accordance with part 2 of this chapter; or   (c) January 1, 1978. However, if a court stays or enjoins the continuance of proceedings on any pending application for reservation of water in the basin filed before January 1, 1977, and the stay or injunction prevents the board from making a final determination on the application before January 1, 1978, the court shall extend this date by the length of delay incurred. The court may not extend this date beyond January 15, 1979.   (2) A reservation established before an application for permit is granted is a preferred use over the right to appropriate water pursuant to the permit, and the permit, if granted, must be issued subject to that preferred use.   History: En. 89-8-105 by Sec. 3, Ch. 116, L. 1974; amd. Sec. 1, Ch. 26, L. 1977; R.C.M. 1947, 89-8-105; amd. Sec. 465, Ch. 418, L. 1995.
MT Code § 85-2-604 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 6. Yellowstone River Basin|85-2-604. When department may suspend action

  85-2-604. When department may suspend action. The department may suspend action on applications not meeting the definition of application in 85-2-602 if it determines, after a public hearing conducted under the contested case procedures of the Montana Administrative Procedure Act, that the cumulative impact of those applications, if granted, would be contrary to the policies and purposes of this part. If the department suspends action on such applications, the provisions of 85-2-603 apply.   History: En. 89-8-106 by Sec. 4, Ch. 116, L. 1974; R.C.M. 1947, 89-8-106.
MT Code § 85-2-605 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 6. Yellowstone River Basin|85-2-605. Reservations

  85-2-605. Reservations. (1) The department may apply for reservations and shall, as rapidly as possible, assist other appropriate state agencies and political subdivisions in applying for reservations within the basin. The United States or any agency of the United States may apply for reservation of water in the basin under 85-2-316 for beneficial use of that water in the state of Montana. Particular emphasis must be given to applications to reserve water for agricultural, municipal, and minimum flow purposes for the protection of existing rights and aquatic life.   (2) Notwithstanding other provisions of this title, the department shall extend the duration of the 14 conservation district reservations and 8 municipal reservations approved by administrative order dated December 15, 1978, in the basin until those reservations are perfected, or until those reservations are revoked pursuant to 85-2-316.   History: En. 89-8-107 by Sec. 5, Ch. 116, L. 1974; amd. Sec. 10, Ch. 416, L. 1977; R.C.M. 1947, 89-8-107; amd. Sec. 1, Ch. 145, L. 1997.
MT Code § 85-2-606 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 6. Yellowstone River Basin|85-2-606. Application of part

  85-2-606. Application of part. This part applies to applications currently pending with the department, as well as applications filed with the department after March 11, 1974.   History: En. 89-8-108 by Sec. 6, Ch. 116, L. 1974; R.C.M. 1947, 89-8-108.
MT Code § 85-2-607 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 6. Yellowstone River Basin|85-2-607. Utility facilities

  85-2-607. Utility facilities. This part does not apply to applications to appropriate water for use by a utility facility for which a certificate of compliance is granted pursuant to the Montana Major Facility Siting Act.   History: En. 89-8-109 by Sec. 7, Ch. 116, L. 1974; R.C.M. 1947, 89-8-109; amd. Sec. 16, Ch. 217, L. 2003.
MT Code § 85-2-608 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 6. Yellowstone River Basin|85-2-608. Certain changes of use allowed

  85-2-608. Certain changes of use allowed. Notwithstanding any provision of this part, the department may approve a change of purpose of use to agricultural, irrigation, domestic, and municipal uses if it determines that the change is not contrary to the policies and purposes of this part.   History: En. 89-8-110 by Sec. 8, Ch. 116, L. 1974; R.C.M. 1947, 89-8-110.
MT Code § 85-2-701 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 7. Indian and Federal Water Rights -- Water Rights Within Indian Reservations|85-2-701. Legislative intent

  85-2-701. Legislative intent. (1) Because the water and water rights within each water division are interrelated, it is the intent of the legislature to conduct unified proceedings for the general adjudication of existing water rights under the Montana Water Use Act. It is the intent of the legislature that the unified proceedings include all claimants of reserved Indian water rights as necessary and indispensable parties under authority granted the state by 43 U.S.C. 666. However, it is further intended that the state of Montana proceed under the provisions of this part in an effort to conclude compacts for the equitable division and apportionment of waters between the state and its people and the several Indian tribes claiming reserved water rights within the state.   (2) To the maximum extent possible, the reserved water rights compact commission established under 2-15-212 should make the negotiation of water rights claimed by the federal government or Indian tribes in or affecting the basins identified by 85-2-218 its highest priority. In negotiations, the commission is acting on behalf of the governor.   History: En. Sec. 27, Ch. 697, L. 1979; amd. Sec. 9, Ch. 651, L. 1987; amd. Sec. 466, Ch. 418, L. 1995; amd. Sec. 298, Ch. 42, L. 1997.
MT Code § 85-2-702 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 7. Indian and Federal Water Rights -- Water Rights Within Indian Reservations|85-2-702. Negotiation with Indian tribes

  85-2-702. Negotiation with Indian tribes. (1) The reserved water rights compact commission, created by 2-15-212, may negotiate with the Indian tribes or their authorized representatives jointly or severally to conclude compacts authorized under 85-2-701. Compact proceedings must be commenced by the commission. The commission shall serve by certified mail directed to the governing body of each tribe a written request for the initiation of negotiations under this part and a request for the designation of an authorized representative of the tribe to conduct compact negotiations. Compact negotiations commence upon receipt of the written designation from the governing body of a tribe.   (2) When the compact commission and the Indian tribes or their authorized representatives have agreed to a compact, they shall sign a copy and file an original copy with the department of state of the United States of America and copies with the secretary of state of Montana and with the governing body for the tribe involved. The compact is effective and binding upon all parties upon ratification by the legislature of Montana and any affected tribal governing body, and approval by the appropriate federal authority.   (3) Upon its ratification by the Montana legislature and the tribe, the terms of a compact must be included in the preliminary decree as provided by 85-2-231, and unless an objection to the compact is sustained under 85-2-233, the terms of the compact must be included in the final decree without alteration. However, if approval of the state legislature and the tribe has not been accomplished by July 1, 2013, all Indian claims for reserved water rights that have not been resolved by a compact must be filed with the department within 24 months. These new filings must be used in the formulation of the preliminary decree and must be given treatment similar to that given to all other filings.   History: En. Sec. 27, Ch. 697, L. 1979; amd. Sec. 8, Ch. 268, L. 1981; amd. Sec. 6, Ch. 667, L. 1985; amd. Sec. 2, Ch. 358, L. 1987; amd. Sec. 3, Ch. 784, L. 1991; amd. Sec. 2, Ch. 44, L. 1997; amd. Sec. 2, Ch. 103, L. 2003; amd. Sec. 2, Ch. 5, L. 2009.
MT Code § 85-2-703 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 7. Indian and Federal Water Rights -- Water Rights Within Indian Reservations|85-2-703. Negotiation with federal government

  85-2-703. Negotiation with federal government. The compact commission may also enter into separate negotiations with the federal government for the conclusion of compacts concerning the equitable division and apportionment of water between the state and its people and the federal government claiming non-Indian reserved waters within the state. The terms and conditions of such negotiations shall be the same as provided in this section for negotiations with Indian tribes.   History: En. Sec. 27, Ch. 697, L. 1979.