reglab/housing_qa huggingface dataset:
MT Code § 85-2-414 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 4. Utilization of Water|85-2-414. Conduction of water

  85-2-414. Conduction of water. The right to conduct water from or over the land of another for any beneficial use includes the right to raise any water by means of dams, reservoirs, or embankments to a sufficient height to make the same available for the use intended, and the right to any and all land necessary therefor may be acquired upon payment of just compensation in the manner provided by law for the taking of private property for public use. If it is necessary to conduct the water across the right-of-way of any railroad, it shall be the duty of the owners of the ditch or flume to give 30 days' notice in writing to the owner or owners of such railway of their intention to construct a ditch or flume across the right-of-way of such railroad, the point at which the ditch or flume will cross the railroad, and the time when the construction of said ditch or flume will be made. If the owner or owners of such railroad or their agent fail to appear and attend at the time and place fixed in said notice, it shall be lawful for the owner or owners of the said flume or ditch to construct the same across the right-of-way of such railroad without further notice to said owner or owners of the railroad.   History: En. Sec. 1894, Civ. C. 1895; re-en. Sec. 4857, Rev. C. 1907; re-en. Sec. 7110, R.C.M. 1921; re-en. Sec. 7110, R.C.M. 1935; R.C.M. 1947, 89-820.
MT Code § 85-2-415 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 4. Utilization of Water|85-2-415. Owners of water to sell surplus

  85-2-415. Owners of water to sell surplus. Any person having the right to use, sell, or dispose of water and engage in using, selling, or disposing of the same who has a surplus of water not used or sold or any person having a surplus of water and the right to sell and dispose of the same is required, upon the payment or tender to the person entitled thereto of an amount equal to the usual and customary rates per inch or cubic foot of water per second, to convey and deliver to the person the surplus of unsold water or so much thereof for which the payment or tender has been made and shall continue to convey and deliver the same weekly so long as the surplus of unused or unsold water exists and the payment or tender is made as aforesaid.   History: En. Sec. 1, p. 406, L. 1877; re-en. Sec. 742, 5th Div. Rev. Stat. 1879; re-en. Sec. 1263, 5th Div. Comp. Stat. 1887; re-en. Sec. 1897, Civ. C. 1895; re-en. Sec. 4860, Rev. C. 1907; re-en. Sec. 7113, R.C.M. 1921; re-en. Sec. 7113, R.C.M. 1935; amd. Sec. 6, Ch. 460, L. 1977; R.C.M. 1947, 89-823.
MT Code § 85-2-416 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 4. Utilization of Water|85-2-416. Duty of purchaser to dig ditches

  85-2-416. Duty of purchaser to dig ditches. A person desiring to purchase surplus water pursuant to 85-2-415 shall, at the person's own cost and expense, construct or dig the necessary flumes or ditches to receive and convey the surplus water desired by the person and pay or tender to the person having the right to the use, sale, or disposal of that water an amount equal to the necessary cost and expense of tapping any gulch, stream, reservoir, ditch, flume, or aqueduct and putting in gates, gauges, or other proper and necessary appliances usual and customary, and until that work is done, the delivery of the surplus water may not be required as provided in 85-2-415.   History: En. Sec. 2, p. 406, L. 1877; re-en. Sec. 743, 5th Div. Rev. Stat. 1879; re-en. Sec. 1264, 5th Div. Comp. Stat. 1887; re-en. Sec. 1898, Civ. C. 1895; re-en. Sec. 4861, Rev. C. 1907; re-en. Sec. 7114, R.C.M. 1921; re-en. Sec. 7114, R.C.M. 1935; R.C.M. 1947, 89-824; amd. Sec. 2764, Ch. 56, L. 2009.
MT Code § 85-2-417 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 4. Utilization of Water|85-2-417. Enforcement of right to surplus

  85-2-417. Enforcement of right to surplus. Any person constructing the necessary ditches, aqueducts, or flumes and making the payments or tenders hereinbefore provided is entitled to the use of so much of the surplus water as said ditches, flumes, or aqueducts have the capacity to carry and for which payment or tender is made and may institute and maintain any appropriate action at law or in equity for the enforcement of such right or recovery of damages arising from a failure to deliver or wrongful diversion of the same.   History: En. Sec. 3, p. 406, L. 1877; re-en. Sec. 744, 5th Div. Rev. Stat. 1879; re-en. Sec. 1265, 5th Div. Comp. Stat. 1887; re-en. Sec. 1899, Civ. C. 1895; re-en. Sec. 4862, Rev. C. 1907; re-en. Sec. 7115, R.C.M. 1921; re-en. Sec. 7115, R.C.M. 1935; R.C.M. 1947, 89-825.
MT Code § 85-2-418 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 4. Utilization of Water|85-2-418. Purchaser not to sell surplus water

  85-2-418. Purchaser not to sell surplus water. Sections 85-2-415 through 85-2-417 may not be construed to give the person acquiring the right to the use of water, as provided in those sections, the right to sell or dispose of the water after being used by the person or to prevent the original owner or proprietor from retaking, selling, and disposing of the water in the usual and customary manner after it is used as provided in those sections.   History: En. Sec. 4, p. 407, L. 1877; re-en. Sec. 745, 5th Div. Rev. Stat. 1879; re-en. Sec. 1266, 5th Div. Comp. Stat. 1887; re-en. Sec. 1900, Civ. C. 1895; re-en. Sec. 4863, Rev. C. 1907; re-en. Sec. 7116, R.C.M. 1921; re-en. Sec. 7116, R.C.M. 1935; R.C.M. 1947, 89-826; amd. Sec. 2765, Ch. 56, L. 2009.
MT Code § 85-2-419 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 4. Utilization of Water|85-2-419. Salvaged water

  85-2-419. Salvaged water. It is the declared policy of the state in 85-1-101 to encourage the conservation and full use of water. Consistent with this policy, holders of appropriation rights who salvage water may retain the right to the salvaged water for beneficial use. Except for a short-term lease pursuant to 85-2-410, any use of the right to salvaged water for any purpose or in any place other than that associated with the original appropriation right must be approved by the department as a change in appropriation right in accordance with 85-2-402 and 85-2-436, if applicable. Sale of the right to salvaged water must also be in accordance with 85-2-403, and the lease of the right to salvaged water must be in accordance with 85-2-408, 85-2-410, or 85-2-436.   History: En. Sec. 1, Ch. 308, L. 1991; amd. Sec. 1, Ch. 123, L. 1999; amd. Sec. 5, Ch. 381, L. 2001; amd. Sec. 7, Ch. 85, L. 2005; amd. Sec. 4, Ch. 448, L. 2007.
MT Code § 85-2-420 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 4. Utilization of Water|85-2-420. Change in appropriation right for aquifer recharge or mitigation -- marketing

  85-2-420. Change in appropriation right for aquifer recharge or mitigation -- marketing. (1) Subject to 85-2-402 and this section, an appropriator may apply for a change in appropriation right for the purpose of aquifer recharge or mitigation or for the purpose of marketing water for aquifer recharge or mitigation.   (2) During the completion period authorized by the department for a change pursuant to this section, the appropriator may continue to use the appropriation right for any authorized beneficial use provided that proportionate amounts of the appropriation right are retired as the mitigation or aquifer recharge beneficial use is perfected.   (3) (a) If the full amount of the appropriation right is not sold or marketed as mitigation or aquifer recharge prior to the completion date, the water right retains the beneficial uses authorized prior to the change approved pursuant to this section.   (b) For an appropriation right that retains the original beneficial uses pursuant to this section, if the water retained for the original beneficial uses and the amount sold or marketed for mitigation or aquifer recharge are:   (i) not diverted at a common point of diversion, the flow rate and volume of water retained at the point of diversion for the original beneficial uses must be equal to the flow rate and volume allowed under the original beneficial uses minus the amount sold or marketed for mitigation or aquifer recharge; or   (ii) diverted at a common point of diversion, the entire flow rate and volume of the appropriation is allowed from the common point of diversion.   (4) As part of a change in appropriation right approved pursuant to this section, the department shall:   (a) determine a period for the change in appropriation right to be completed that does not exceed 20 years;   (b) determine an appropriate location for measuring the amount of water that will be used for mitigation or aquifer recharge and, if necessary, require installation of a measuring device; and   (c) require the appropriator to notify the department within 30 days each time a portion of the change is completed.   History: En. Sec. 1, Ch. 29, L. 2011; amd. Sec. 1, Ch. 222, L. 2019.
MT Code § 85-2-421 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 4. Utilization of Water|85-2-421. Purpose

  85-2-421. Purpose. The purpose of 85-2-421 through 85-2-424 and 85-2-426 is to facilitate the maintenance of a reliable record of water right ownership.   History: En. Sec. 1, Ch. 674, L. 1983; amd. Sec. 1, Ch. 271, L. 1985; amd. Sec. 146, Ch. 370, L. 1987; amd. Sec. 10, Ch. 70, L. 2005; amd. Sec. 2, Ch. 366, L. 2007.
MT Code § 85-2-422 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 4. Utilization of Water|85-2-422. Repealed

  85-2-422. Repealed. Sec. 5, Ch. 59, L. 2019.   History: En. Sec. 2, Ch. 674, L. 1983; amd. Sec. 147, Ch. 370, L. 1987; amd. Sec. 3, Ch. 366, L. 2007.
MT Code § 85-2-423 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 4. Utilization of Water|85-2-423. Water right ownership update form

  85-2-423. Water right ownership update form. The chief water judge and the department shall prescribe the form and content of the water right ownership update form.   History: En. Sec. 3, Ch. 674, L. 1983; amd. Sec. 11, Ch. 70, L. 2005.
MT Code § 85-2-425 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 4. Utilization of Water|85-2-425. Repealed

  85-2-425. Repealed. Sec. 6, Ch. 271, L. 1985.   History: En. Sec. 5, Ch. 674, L. 1983.
MT Code § 85-2-426 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 4. Utilization of Water|85-2-426. Fee

  85-2-426. Fee. (1) The department shall by rule prescribe a fee that may not be higher than necessary to cover the cost to the department of updating its water right ownership records. A fee must be paid:   (a) at closing when the realty transfer certificate discloses the transfer of a water right; or   (b) at the time of filing of the water right ownership update form or the form describing the severance or exempting of the water right.   (2) The fee must be deposited in the water right appropriation account provided for in 85-2-318.   History: En. Sec. 6, Ch. 674, L. 1983; amd. Sec. 3, Ch. 271, L. 1985; amd. Sec. 456, Ch. 418, L. 1995; amd. Sec. 13, Ch. 70, L. 2005; amd. Sec. 5, Ch. 366, L. 2007.
MT Code § 85-2-427 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 4. Utilization of Water|85-2-427. Terminated

  85-2-427. Terminated. Sec. 4, Ch. 236, L. 2013.   History: En. Sec. 1, Ch. 236, L. 2013; amd. Sec. 9, Ch. 294, L. 2015.
MT Code § 85-2-428 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 4. Utilization of Water|85-2-428. through 85-2-430 reserved

  85-2-428 through 85-2-430 reserved.
MT Code § 85-2-431 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 4. Utilization of Water|85-2-431. Penalty

  85-2-431. Penalty. (1) A person who fails to comply with the requirements of 85-2-424 is liable for a civil penalty of not more than $300.  (2) An action to recover the penalty may be brought by the department and filed in the district court in the county where the real property is located.   (3) The department may recover its reasonable costs for recovering the penalty, including but not limited to attorney fees and costs incurred during collection.   (4) Any penalty fee collected under this section must be deposited in the water right appropriation account provided for in 85-2-318.   History: En. Sec. 4, Ch. 271, L. 1985; amd. Sec. 4, Ch. 167, L. 1997; amd. Sec. 14, Ch. 70, L. 2005; amd. Sec. 6, Ch. 366, L. 2007; amd. Sec. 2, Ch. 260, L. 2021; amd. Sec. 53, Ch. 535, L. 2021.
MT Code § 85-2-432 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 4. Utilization of Water|85-2-432. through 85-2-435 reserved

  85-2-432 through 85-2-435 reserved.
MT Code § 85-2-437 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 4. Utilization of Water|85-2-437. Repealed

  85-2-437. Repealed. Sec. 8, Ch. 448, L. 2007.   History: En. Sec. 4, Ch. 658, L. 1989; amd. Sec. 2, Ch. 740, L. 1991; amd. Sec. 2, Ch. 175, L. 1993; amd. Sec. 458, Ch. 418, L. 1995; amd. Sec. 3, Ch. 123, L. 1999.
MT Code § 85-2-438 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 4. Utilization of Water|85-2-438. Repealed

  85-2-438. Repealed. Sec. 8, Ch. 448, L. 2007.   History: En. Sec. 3, Ch. 740, L. 1991; amd. Sec. 4, Ch. 123, L. 1999.
MT Code § 85-2-439 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 4. Utilization of Water|85-2-439. Repealed

  85-2-439. Repealed. Sec. 9, Ch. 85, L. 2005.   History: En. Sec. 6, Ch. 487, L. 1995.
MT Code § 85-2-440 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 4. Utilization of Water|85-2-440. Repealed

  85-2-440. Repealed. Sec. 9, Ch. 85, L. 2005.   History: En. Sec. 4, Ch. 353, L. 1997.
MT Code § 85-2-441 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 4. Utilization of Water|85-2-441. Temporary use of a water right on state trust land -- restrictions on state ownership -- rescinding of noncompliant ownership interests required

  85-2-441. Temporary use of a water right on state trust land -- restrictions on state ownership -- rescinding of noncompliant ownership interests required. (1) A water right owner may put water from a well or developed spring with ground water development works located on private land to beneficial use on state trust land for the duration of a state land lease the water right owner holds.   (2) The state may not obtain an ownership interest in a water right or the ground water development works of a water right that is diverted from a well or developed spring located on private land exclusively based on trustee obligations for state trust land unless:   (a) a court of competent jurisdiction determines that the state is an owner of that particular water right; or   (b) the state is in possession of a deed transferring ownership of the water right to the state.   (3) Before September 30, 2019, the state shall rescind any claim of ownership it asserted or acquired to satisfy trustee obligations for state trust land prior to May 11, 2019, in a water right or ground water development works that do not meet the requirements of subsection (2).   (4) For the purposes of this section, "state trust land" has the meaning provided in 77-1-101.   History: En. Sec. 1, Ch. 432, L. 2019.
MT Code § 85-2-501 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 5. Ground Water|85-2-501. Definitions

  85-2-501. Definitions. Unless the context requires otherwise, in this part the following definitions apply:   (1) "Aquifer" means any underground geological structure or formation that is capable of yielding water in usable quantities or is capable of recharge.   (2) "Aquifer test" means stressing an aquifer by removing or adding water at a known rate or changing the pressure by a known quantity and measuring the resultant change in hydraulic head for the purpose of determining the aquifer's hydraulic properties near the tested well.   (3) "Bureau" means the Montana state bureau of mines and geology provided for in 20-25-211.   (4) "Ground water" means any water that is beneath the ground surface.   (5) "Ground water area" means an area that, as nearly as known facts permit, may be designated so as to enclose a single and distinct body of ground water, which must be described horizontally by surface description in all cases and which may be limited vertically by describing known geological formations if conditions dictate vertical limits to be desirable.   History: En. Sec. 1, Ch. 237, L. 1961; amd. Sec. 16, Ch. 280, L. 1965; amd. Sec. 1, Ch. 307, L. 1971; amd. Sec. 40, Ch. 452, L. 1973; amd. Sec. 167, Ch. 253, L. 1974; amd. Sec. 8, Ch. 460, L. 1977; R.C.M. 1947, 89-2911(part); amd. Sec. 1, Ch. 561, L. 1979; amd. Sec. 11, Ch. 805, L. 1991; amd. Sec. 1, Ch. 412, L. 2007; amd. Sec. 3, Ch. 86, L. 2009.
MT Code § 85-2-502 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 5. Ground Water|85-2-502. Administrative rules

  85-2-502. Administrative rules. The department may prescribe and enforce reasonable rules concerning and providing for inspection and entry, the circumstances under which the construction of weirs or other measuring devices may be required, and other similar matters that are required by and consistent with the administration of this part.   History: En. Sec. 21, Ch. 237, L. 1961; amd. Sec. 177, Ch. 253, L. 1974; R.C.M. 1947, 89-2931; amd. Sec. 459, Ch. 418, L. 1995.
MT Code § 85-2-503 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 5. Ground Water|85-2-503. Controlled ground water subareas

  85-2-503. Controlled ground water subareas. For purposes of administration, large ground water areas may be divided into convenient administrative units known as subareas.   History: En. Sec. 1, Ch. 237, L. 1961; amd. Sec. 16, Ch. 280, L. 1965; amd. Sec. 1, Ch. 307, L. 1971; amd. Sec. 40, Ch. 452, L. 1973; amd. Sec. 167, Ch. 253, L. 1974; amd. Sec. 8, Ch. 460, L. 1977; R.C.M. 1947, 89-2911(part).
MT Code § 85-2-504 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 5. Ground Water|85-2-504. Standards for determining fresh water

  85-2-504. Standards for determining fresh water. Fresh water shall be considered to be water fit for domestic, livestock, or agricultural use. The department, after notice and hearing, may fix definite standards for determining fresh water in any controlled ground water area or subarea of the state.   History: En. Sec. 1, Ch. 237, L. 1961; amd. Sec. 16, Ch. 280, L. 1965; amd. Sec. 1, Ch. 307, L. 1971; amd. Sec. 40, Ch. 452, L. 1973; amd. Sec. 167, Ch. 253, L. 1974; amd. Sec. 8, Ch. 460, L. 1977; R.C.M. 1947, 89-2911(part).
MT Code § 85-2-505 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 5. Ground Water|85-2-505. Waste and contamination of ground water prohibited

  85-2-505. Waste and contamination of ground water prohibited. (1) No ground water may be wasted. The department shall require all wells producing waters that contaminate other waters to be plugged or capped. It shall also require all flowing wells to be so capped or equipped with valves that the flow of water can be stopped when the water is not being put to beneficial use. Likewise, both flowing and nonflowing wells must be so constructed and maintained as to prevent the waste, contamination, or pollution of ground water through leaky casings, pipes, fittings, valves, or pumps either above or below the land surface. However, in the following cases the withdrawal or use of ground water may not be construed as waste under this part:   (a) the withdrawal of reasonable quantities of ground water in connection with the construction, development, testing, or repair of a well or other means of withdrawal of ground water;   (b) the inadvertent loss of ground water owing to breakage of a pump, valve, pipe, or fitting, if reasonable diligence is shown by the person in effecting the necessary repair;   (c) the disposal of ground water without further beneficial use that must be withdrawn for the sole purpose of improving or preserving the utility of land by draining the same or that must be removed from a mine to permit mining operations or to preserve the mine in good condition;   (d) the disposal of ground water used in connection with producing, reducing, smelting, and milling metallic ores and industrial minerals or that displaced from an aquifer by the storage of other mineral resources; and   (e) the management, discharge, or reinjection of ground water produced in association with a coal bed methane well in accordance with 82-11-175(2)(b) through (2)(d).   (2) The department at any time may hold a hearing on its own motion or upon petition signed by a representative body of users of ground water in any area or subarea to determine whether the water supply within that area or subarea is used in compliance with this part.   History: En. Sec. 16, Ch. 237, L. 1961; amd. Sec. 173, Ch. 253, L. 1974; amd. Sec. 47, Ch. 460, L. 1977; R.C.M. 1947, 89-2926; amd. Sec. 5, Ch. 578, L. 2001.
MT Code § 85-2-507 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 5. Ground Water|85-2-507. Repealed

  85-2-507. Repealed. Sec. 8, Ch. 86, L. 2009.   History: En. Sec. 5, Ch. 237, L. 1961; amd. Sec. 41, Ch. 452, L. 1973; amd. Sec. 169, Ch. 253, L. 1974; R.C.M. 1947, 89-2915; amd. Sec. 3, Ch. 561, L. 1979; amd. Sec. 148, Ch. 370, L. 1987; amd. Sec. 461, Ch. 418, L. 1995; amd. Sec. 5, Ch. 161, L. 2005.
MT Code § 85-2-508 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 5. Ground Water|85-2-508. Controlled ground water areas -- permits to appropriate

  85-2-508. Controlled ground water areas -- permits to appropriate. (1) A person may appropriate ground water in a controlled ground water area by:   (a) applying for and receiving a permit from the department in accordance with part 3 of this chapter; or   (b) following the requirements of a rule promulgated pursuant to 85-2-506.   (2) The department may not grant a permit if the withdrawal would be beyond the capacity of the aquifer or aquifers in the controlled ground water area to yield ground water within a reasonable or feasible pumping lift, in the case of pumping developments, or within a reasonable or feasible reduction of pressure, in the case of artesian developments.   History: En. Sec. 8, Ch. 237, L. 1961; amd. Sec. 43, Ch. 452, L. 1973; amd. Sec. 172, Ch. 253, L. 1974; R.C.M. 1947, 89-2918; amd. Sec. 6, Ch. 161, L. 2005; amd. Sec. 6, Ch. 86, L. 2009.
MT Code § 85-2-509 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 2. Surface Water and Ground Water|Part 5. Ground Water|85-2-509. Repealed

  85-2-509. Repealed. Sec. 8, Ch. 86, L. 2009.   History: En. Sec. 6, Ch. 237, L. 1961; amd. Sec. 170, Ch. 253, L. 1974; R.C.M. 1947, 89-2916(1), (3).