reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 85. Water Use › Chapter 1. Water Resources › Part 8. Lease Management Program › 85-1-801. Statement of policy

85-1-801. Statement of policy.
It is the policy of the state that in the interest of accomplishing a self-supporting program from the leasing of project lands, the project lands must be appraised by the department at least once during the term of each lease. The purpose of the appraisals is to determine the lease value of project lands and the general condition of the lands.
History: En. Sec. 1, Ch. 301, L. 1995.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 1. Water Resources › Part 8. Lease Management Program › 85-1-802. Leases authorized

85-1-802. Leases authorized.
(1) The department may lease all project lands appurtenant to a state-owned water project for purposes that the department considers appropriate.
(2) A lease of project lands to the department of fish, wildlife, and parks for public recreational use may not exceed 30 years. Other leases of project lands may not exceed 10 years.
History: En. Sec. 2, Ch. 301, L. 1995; amd. Sec. 1, Ch. 121, L. 1999.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 1. Water Resources › Part 8. Lease Management Program › 85-1-803. Rulemaking

85-1-803. Rulemaking.
The department may adopt rules necessary to implement and administer the leasing of project lands. These rules may include but are not limited to rules governing the:
(1) growing of crops or grazing of livestock;
(2) establishment of responsibility for a lessee to pay the assessment of taxes for weed control;
(3) acquisition and use of water on project lands;
(4) leasing of project lands, except for lease renewals and transfers, by competitive bidding and the establishment of bid procedures and bid deposits;
(5) process for giving notice and for cancellation, termination, and renewal of leases, including existing leases on project lands;
(6) general form of the lease and the form and conditions of a bond when the department considers a bond necessary;
(7) changes or modifications in lease conditions or lease use; and
(8) placement and removal of improvements directly related to the necessary use of the project lands.
History: En. Sec. 3, Ch. 301, L. 1995.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 1. Water Resources › Part 8. Lease Management Program › 85-1-804. Appraisal of project lands -- adjustment of lease fee

85-1-804. Appraisal of project lands -- adjustment of lease fee.
The department shall appraise project lands owned by the department and shall maintain records of the appraisals. Not less than once during the term of a lease, the department shall reappraise the project lands and adjust the lease fee accordingly. The department may not increase a lease fee for a current lessee more than 2% a year during any period of 10 consecutive years.
History: En. Sec. 4, Ch. 301, L. 1995.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 1. Water Resources › Part 8. Lease Management Program › 85-1-805. Full market value required

85-1-805. Full market value required.
The department shall determine the full market value of project lands. The department may not accept a bid that is below full market value.
History: En. Sec. 5, Ch. 301, L. 1995.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 1. Water Resources › Part 8. Lease Management Program › 85-1-806. Withdrawal of lands from leasing

85-1-806. Withdrawal of lands from leasing.
The department may withdraw project lands from leasing for a period of time as the department determines to be in the best interest of the state.
History: En. Sec. 6, Ch. 301, L. 1995.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 1. Water Resources › Part 8. Lease Management Program › 85-1-807. Assignment of leases -- subleasing not allowed

85-1-807. Assignment of leases -- subleasing not allowed.
(1) A lease of project lands may be assigned on forms prescribed by the department. An assignment is not binding on the department unless the assignment is filed with and approved by the department. An assignment fee must be paid to the department at the time of filing the assignment.
(2) The department may not approve a contingent or collateral assignment of a lease.
(3) A lease may not be subleased.
History: En. Sec. 7, Ch. 301, L. 1995.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 1. Water Resources › Part 8. Lease Management Program › 85-1-808. Changes in lease use not authorized -- cancellation

85-1-808. Changes in lease use not authorized -- cancellation.
(1) During the term of a lease, the use of the project lands may not be changed. A change in the use of the lands automatically voids the lease.
(2) The department may cancel a lease for any of the following causes:
(a) fraud, misrepresentation, or concealment of facts relating to issuance of the lease, which if known would have prevented its issuance in the form or to the party issued;
(b) subleasing project lands;
(c) placing of unauthorized improvements on project lands;
(d) using the lands for purposes other than those authorized by the lease;
(e) conviction of the lessee for a felony offense involving a dangerous drug, as defined in Title 50, chapter 32, and involving the planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, or concealing of a dangerous drug on any portion of the lands;
(f) nonpayment of rental fees;
(g) violation of a lease condition;
(h) other causes that in the judgment of the department make the cancellation of the lease necessary in order to do justice to all parties concerned or to protect the interests of the state.
(3) Cancellation of a lease under this section does not entitle the lessee to a refund of rentals paid or exempt the lessee from the payment of rentals, penalties, or other compensation due the state.
History: En. Sec. 8, Ch. 301, L. 1995.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 1. Water Resources › Part 8. Lease Management Program › 85-1-809. Improvements authorized -- no compensation -- removal

85-1-809. Improvements authorized -- no compensation -- removal.
(1) A lessee of project lands may place on the lands a reasonable amount of improvements directly related to the necessary use of the lands as provided in the lease.
(2) The department is not liable to pay compensation to a lessee or a former lessee for improvements made to project lands.
(3) A former lessee is responsible to reclaim project lands to the condition existing prior to the placement of the improvements. If the former lessee fails to remove the improvements from the land within 60 days from the date of the expiration of the lease, all of the improvements become the property of the department unless the department for good cause extends the time for removal of the improvements. The department may require a former lessee to remove improvements made by the former lessee from project lands at the former lessee's expense.
History: En. Sec. 9, Ch. 301, L. 1995.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 1. Water Resources › Part 8. Lease Management Program › 85-1-810. No pledge or mortgage of leasehold interest

85-1-810. No pledge or mortgage of leasehold interest.
A lessee of project lands may not pledge the lease or mortgage a leasehold interest in the project lands.
History: En. Sec. 10, Ch. 301, L. 1995.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 1. Water Resources › Part 8. Lease Management Program › 85-1-811. Project lands lease and sales account

85-1-811. Project lands lease and sales account.
There is established a project lands lease and sales account within the state special revenue fund of the state treasury. All sale proceeds and lease fees collected under this part must be deposited in the account to pay the department's costs and expenses in administering this part.
History: En. Sec. 11, Ch. 301, L. 1995; amd. Sec. 3, Ch. 378, L. 2021.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 1. Water Resources › Part 8. Lease Management Program › 85-1-813. Valuation of cabin or home sites and improvements

85-1-813. Valuation of cabin or home sites and improvements.
(1) (a) Prior to the sale of project lands pursuant to 85-1-812, the department shall separately determine the full market value of the land and the value of the cabin site improvements existing on the land and the value of any necessary access easement across existing state lands from the nearest public road. The appraisal must be based on comparable sales of nearby existing properties with the hypothetical condition that the state parcel to be sold is accessible for all lawful purposes. The appraisal must determine the raw undeveloped value of the parcel and the value of the cabin site improvements.
(b) (i) In determining the values required by subsection (1)(a), the department shall establish a list of at least two third-party independent appraisers available to conduct the appraisal of the land and the cabin site improvements. The department shall provide a copy of the list to the cabin or home site lessee. The lessee shall provide the department with a list of at least 50% of the appraisers from the department's list. The department shall select the appraiser to conduct the appraisal from the list provided by the lessee.
(ii) The department shall assume the proportionate cost of the appraisal of the state land valuation. The lessee shall assume the proportionate cost of the appraisal of the valuation of the cabin site improvements.
(c) The department shall disclose the results of the appraisal to the cabin or home site lessee of the land for sale and shall give that lessee notice and opportunity for an administrative hearing before the department to contest those valuations. The department shall review the arguments and evidence received at the hearing. The department shall make a final determination on the values of the land and cabin site improvements.
(2) (a) If the lessee consents to the terms and conditions of the proposed sale and the valuation of cabin site improvements, the sale must proceed utilizing the department's final determination of the values, and the lessee is obligated to transfer its interest in the cabin site improvements existing on the cabin or home site lease according to the board's final determination of their value.
(b) Nothing in this section prohibits the lessee from accepting a price for the cabin site improvements existing on the cabin or home site that is less than the department's final determination of value.
(3) For purposes of 85-1-812 and 85-1-813, "cabin site improvements" includes but is not limited to:
(a) a home or residence;
(b) outbuildings and structures;
(c) sleeping cabins;
(d) utilities;
(e) water systems;
(f) septic systems;
(g) docks; and
(h) landscaping.
History: En. Sec. 2, Ch. 378, L. 2021.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 1. Water Resources › Part 9. Western Montana Conservation Commission Act › 85-1-901. Short title

85-1-901. (Temporary) Short title.
This part may be cited as the "Western Montana Conservation Commission Act". (Terminates June 30, 2029--sec. 12, Ch. 428, L. 2023.)
History: En. Sec. 2, Ch. 428, L. 2023.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 1. Water Resources › Part 9. Western Montana Conservation Commission Act › 85-1-902. Purpose

85-1-902. (Temporary) Purpose.
The purpose of the western Montana conservation commission is to protect the existing high quality of western Montana's aquatic resources. (Terminates June 30, 2029--sec. 12, Ch. 428, L. 2023.)
History: En. Sec. 3, Ch. 428, L. 2023.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 1. Water Resources › Part 9. Western Montana Conservation Commission Act › 85-1-903. Definitions

85-1-903. (Temporary) Definitions.
As used in this part, the following definitions apply:
(1) "Aquatic resources" means all beneficial uses of water, including but not limited to water quality and water supply; recreational, scenic, and aesthetic values; and fish, wildlife, and other organisms, including the prevention and management of aquatic invasive species.
(2) "Commission" means the western Montana conservation commission established in 2-15-3311.
(3) "Department" means the department of natural resources and conservation.
(4) "Western Montana" means all land and water areas west of the continental divide and within the Montana portion of the headwaters of the Columbia River basin. (Terminates June 30, 2029--sec. 12, Ch. 428, L. 2023.)
History: En. Sec. 4, Ch. 428, L. 2023.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 1. Water Resources › Part 9. Western Montana Conservation Commission Act › 85-1-905. Commission authority

85-1-905. (Temporary) Commission authority.
(1) The commission may request the governor petition a state natural resource agency or that agency's rulemaking body to promulgate, amend, or repeal a rule addressing natural resource issues identified by the commission.
(2) The commission may petition a county, conservation district, or tribal council to promulgate, amend, or repeal local ordinances to resolve natural resource issues identified by the commission.
(3) The commission shall participate with the department in preparation of a state budget pursuant to Title 17, chapter 7, part 1, in order to identify disbursements necessary to complete the commission's purpose and duties.
(4) Subject to appropriation by the legislature, the commission may receive and expend disbursements, donations, gifts, grants, and other funds necessary to fulfill its purpose and duties. (Terminates June 30, 2029--sec. 12, Ch. 428, L. 2023.)
History: En. Sec. 6, Ch. 428, L. 2023.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 1. Water Resources › Part 9. Western Montana Conservation Commission Act › 85-1-906. Special county government authority

85-1-906. (Temporary) Special county government authority.
The governing body of a county within western Montana may allocate to the commission a portion of any funds available from coal severance tax allocations or other sources that is designated for project or planning activities. (Terminates June 30, 2029--sec. 12, Ch. 428, L. 2023.)
History: En. Sec. 7, Ch. 428, L. 2023.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 1. Water Resources › Part 9. Western Montana Conservation Commission Act › 85-1-907. Cooperation with other agencies and organizations

85-1-907. (Temporary) Cooperation with other agencies and organizations.
To fulfill its duties, the commission shall develop and maintain cooperative programs with federal, state, provincial, tribal, and local agencies or organizations that are responsible for natural resource management and monitoring in western Montana. (Terminates June 30, 2029--sec. 12, Ch. 428, L. 2023.)
History: En. Sec. 8, Ch. 428, L. 2023.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 1. General Provisions › 85-2-103. Measurement of water

85-2-103. Measurement of water.
(1) After July 1, 1899, a cubic foot of water (7.48 gallons) per second of time shall be the legal standard for the measurement of water in this state.
(2) Where water rights expressed in statutory or miner's inches have been granted, 100 statutory or miner's inches shall be considered equivalent to a flow of 2.5 cubic feet (18.7 gallons) per second, 200 statutory or miner's inches shall be considered equivalent to a flow of 5 cubic feet (37.4 gallons) per second, and this proportion shall be observed in determining the equivalent flow represented by any number of statutory or miner's inches.
(3) The provisions of this section shall not affect or change the measurement of water decreed by a court prior to July 1, 1899, but such decreed water shall be measured according to the law in force at the time such decree was made and entered.
History: (1)En. Sec. 1, p. 126, L. 1899; re-en. Sec. 4854, Rev. C. 1907; re-en. Sec. 7107, R.C.M. 1921; re-en. Sec. 7107, R.C.M. 1935; Sec. 89-817, R.C.M. 1947; (2)Ap. p. Sec. 2, p. 126, L. 1899; re-en. Sec. 4855, Rev. C. 1907; re-en. Sec. 7108, R.C.M. 1921; re-en. Sec. 7108, R.C.M. 1935; Sec. 89-818, R.C.M. 1947; Ap. p. Sec. 10, Ch. 185, L. 1907; re-en. Sec. 4877, Rev. C. 1907; re-en. Sec. 7132, R.C.M. 1921; re-en. Sec. 7132, R.C.M. 1935; Sec. 89-843, R.C.M. 1947; (3)En. Sec. 3, p. 126, L. 1899; re-en. Sec. 4856, Rev. C. 1907; re-en. Sec. 7109, R.C.M. 1921; re-en. Sec. 7109, R.C.M. 1935; Sec. 89-819, R.C.M. 1947; R.C.M. 1947, 89-817, 89-818, 89-819, 89-843(part).
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 1. General Provisions › 85-2-105. Water policy interim committee duties

85-2-105. Water policy interim committee duties.
(1) The water policy interim committee established in 5-5-231 shall meet as often as necessary, including during the interim between sessions, to perform the duties specified within this section.
(2) On a continuing basis, the water policy interim committee may:
(a) advise the legislature on the adequacy of the state's water policy and on important state, regional, national, and international developments that affect Montana's water resources;
(b) oversee the policies and activities of the department, other state executive agencies, and other state institutions as those policies and activities affect the water resources of the state;
(c) assist with interagency coordination related to Montana's water resources; and
(d) communicate with the public on matters of water policy as well as the water resources of the state.
(3) On a regular basis, the water policy interim committee shall:
(a) analyze and comment on the state water plan required by 85-1-203, when filed by the department;
(b) analyze and comment on the report of the status of the state's renewable resource grant and loan program required by 85-1-621, when filed by the department;
(c) analyze and comment on water-related research undertaken by any state agency, institution, college, or university;
(d) analyze, verify, and comment on the adequacy of and information contained in the water information system maintained by the natural resource information system under 90-15-305; and
(e) provide recommendations and a report, if one is written, in accordance with 5-5-216 for studies completed by the committee.
History: En. Sec. 20, Ch. 573, L. 1985; amd. Sec. 59, Ch. 112, L. 1991; amd. Sec. 31, Ch. 478, L. 1993; amd. Sec. 441, Ch. 418, L. 1995; amd. Sec. 72, Ch. 545, L. 1995; amd. Sec. 1, Ch. 45, L. 1997; amd. Sec. 1, Ch. 275, L. 1999; amd. Sec. 3, Ch. 285, L. 2009; amd. Sec. 9, Ch. 122, L. 2015; amd. Sec. 118, Ch. 261, L. 2021.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 1. General Provisions › 85-2-111. Department powers

85-2-111. Department powers.
(1) The department may:
(a) enter into agreements with federal, state, or local agencies necessary to carry out this chapter;
(b) apply for, accept, administer, and expend funds, grants, gifts, and loans from the federal government or any other public or private source for the purposes of this chapter.
(2) The department shall, pursuant to 85-20-1901 and 85-20-1902, recognize the jurisdiction of the Flathead reservation water management board over water rights, including permitting of new uses, changes of existing uses, enforcement of water right calls, and all aspects of enforcement within the exterior boundaries of the Flathead Indian reservation.
History: En. Sec. 4, Ch. 452, L. 1973; R.C.M. 1947, 89-868(2); amd. Sec. 4, Ch. 294, L. 2015.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 1. General Provisions › 85-2-112. Department duties

85-2-112. Department duties.
The department shall:
(1) enforce and administer this chapter and rules adopted under 85-2-113, subject to the powers and duties of the supreme court under 3-7-204;
(2) prescribe procedures, forms, and requirements for applications, permits, certificates, claims of existing rights, and proceedings under this chapter and prescribe the information to be contained in any application, claim of existing right, or other document to be filed with the department under this chapter not inconsistent with the requirements of this chapter;
(3) establish and keep in its Helena office a centralized record system of all existing rights and a public record of permits, certificates, claims of existing rights, applications, and other documents filed in its office under this chapter;
(4) cooperate with, assist, advise, and coordinate plans and activities with the federal, state, and local agencies in matters relating to this chapter;
(5) upon request by any person, cooperate with, assist, and advise that person in matters pertaining to measuring water or filing claims of existing rights with a district court under this chapter;
(6) adopt rules necessary to reject, modify, or condition permit applications in highly appropriated basins or subbasins as provided in 85-2-319.
History: En. Sec. 4, Ch. 452, L. 1973; R.C.M. 1947, 89-868(1); amd. Sec. 30, Ch. 697, L. 1979; amd. Sec. 3, Ch. 268, L. 1981; amd. Sec. 1, Ch. 448, L. 1983; amd. Sec. 17, Ch. 573, L. 1985; amd. Sec. 442, Ch. 418, L. 1995; amd. Sec. 2, Ch. 45, L. 1997.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 1. General Provisions › 85-2-115. Entry on land

85-2-115. Entry on land.
Any employee or agent of the department authorized by the director may enter upon any land to carry out the purpose of this chapter, including but not limited to entry to make inspections the department considers necessary of proposed works, source of water, location of the proposed use, construction of works, and other inspections to ascertain whether or not persons are complying with this chapter. The department or its agent shall give reasonable notice to the landowner of its intention to enter upon the land. The department is responsible for actual damages done to any property.
History: En. Sec. 34, Ch. 452, L. 1973; R.C.M. 1947, 89-898.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 1. General Provisions › 85-2-116. Legal assistance

85-2-116. Legal assistance.
(1) When requested by the department, the attorney general and the county attorneys within their respective counties shall perform legal services and conduct legal proceedings necessary to carry out the purposes of this chapter. The department may also employ legal counsel to enforce this chapter and to conduct proceedings under it.
(2) If an appropriator who is a citizen of Montana becomes involved in a controversy to which any agency of the federal government or another state is a party, the department may in its discretion intervene as a party or provide necessary legal assistance to the citizen of Montana.
History: En. Sec. 35, Ch. 452, L. 1973; amd. Sec. 9, Ch. 460, L. 1977; R.C.M. 1947, 89-899.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 1. General Provisions › 85-2-117. Water right records for filing with local clerk and recorder

85-2-117. Water right records for filing with local clerk and recorder.
Upon payment of a fee established pursuant to 85-2-113, a county clerk and recorder of the county where the point of diversion or place of use is located or in which a transfer of water right occurred may require the department to provide a report of all water permits, certificates, change approvals, or water right ownership update forms issued or processed by the department pursuant to Title 85, chapter 2, parts 3 and 4.
History: En. Sec. 12, Ch. 805, L. 1991; amd. Sec. 4, Ch. 70, L. 2005.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 1. General Provisions › 85-2-121. Administrative proceedings

85-2-121. Administrative proceedings.
The Montana Administrative Procedure Act governs administrative proceedings conducted under parts 1 through 4 of this chapter, except that the common law and statutory rules of evidence shall apply only upon stipulation of all parties to a proceeding.
History: En. Sec. 36, Ch. 452, L. 1973; amd. Sec. 13, Ch. 485, L. 1975; amd. Sec. 9, Ch. 416, L. 1977; R.C.M. 1947, 89-8-100.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 1. General Provisions › 85-2-122. Penalties

85-2-122. Penalties.
(1) Except as provided in 85-2-410(6), a person who violates or refuses or neglects to comply with the provisions of 85-2-114, any order of the department, or any rule of the department is subject to a civil penalty not to exceed $1,000 per violation. Each day of violation constitutes a separate violation.
(2) Except as provided in subsection (3), fines collected by the department or a district court under subsection (1) must be deposited in the account established in 85-2-318 for use by the department in the enforcement of 85-2-114.
(3) If a fine is collected by an independent action brought by:
(a) the county attorney, the fine must be deposited in the general fund of the county; or
(b) the county attorney with assistance from the attorney general or by the attorney general, the fine must be deposited in the water right enforcement account created in 44-4-1101 and must be used to enforce the provisions of 85-2-114.
History: En. Sec. 37, Ch. 452, L. 1973; R.C.M. 1947, 89-8-101; amd. Sec. 21, Ch. 573, L. 1985; amd. Sec. 2, Ch. 677, L. 1991; amd. Sec. 444, Ch. 418, L. 1995; amd. Sec. 2, Ch. 381, L. 2001; amd. Sec. 2, Ch. 457, L. 2001; amd. Sec. 4, Ch. 103, L. 2009.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 1. General Provisions › 85-2-123. Deposit of fees and penalties

85-2-123. Deposit of fees and penalties.
Except as provided in 85-2-122 and 85-2-124, all fees and penalties collected under this chapter must be deposited in the water right appropriation account established in 85-2-318. Except for fines collected by a district court under 85-2-122, all penalties or fines imposed by any court other than a justice's court for a violation of this chapter must be deposited in the general fund of the county where the court presides and must be disposed of in the same manner as any other penalty or fine.
History: En. Sec. 38, Ch. 452, L. 1973; R.C.M. 1947, 89-8-102; amd. Sec. 3, Ch. 448, L. 1983; amd. Sec. 2, Ch. 24, L. 1985; amd. Sec. 59, Ch. 557, L. 1987; amd. Sec. 3, Ch. 677, L. 1991; amd. Sec. 26, Ch. 389, L. 1999; amd. Sec. 3, Ch. 457, L. 2001.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 1. General Provisions › 85-2-124. Costs and fees for environmental impact statements

85-2-124. Costs and fees for environmental impact statements.
(1) Whenever the department determines that the filing of an application or a combination of applications for a permit or approval under this chapter requires the preparation of an environmental impact statement as prescribed by the Montana Environmental Policy Act and the application or combination of applications involves the use of 4,000 or more acre-feet per year and 5.5 or more cubic feet per second of water, the applicant shall follow the process and shall pay to the department the costs or fees for the environmental impact statement as provided in Title 75, chapter 1, parts 1 and 2. The payment of costs and fees for the environmental impact statement must be deposited in the state special revenue fund to be used by the department only to comply with the Montana Environmental Policy Act in connection with the application or applications.
(2) Costs or fees as prescribed by this section may not be assessed against an applicant for a permit or approval if the applicant has also filed an application for a certificate of compliance pursuant to the Montana Major Facility Siting Act and the appropriation or use of water involved in the application or applications for permit or approval has been or will be studied by the department pursuant to that act.
(3) Failure to submit the costs or fees as required by this section voids the application or applications.
(4) The department may in its discretion rely upon the environmental studies, investigations, reports, and assessments made by any other state agency or any person, including any applicant, in the preparation of its environmental impact statement.
History: En. 89-8-102.2 by Sec. 1, Ch. 356, L. 1975; amd. Sec. 1, Ch. 117, L. 1977; R.C.M. 1947, 89-8-102.2; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 4, Ch. 448, L. 1983; amd. Sec. 6, Ch. 573, L. 1985; amd. Sec. 15, Ch. 217, L. 2003; amd. Sec. 19, Ch. 337, L. 2005.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 1. General Provisions › 85-2-125. Recovery of costs and attorney fees by prevailing party

85-2-125. Recovery of costs and attorney fees by prevailing party.
(1) If a final decision of the department on an application for a permit or a change in appropriation right is appealed to district court, the district court may award the prevailing party reasonable costs and attorney fees.
(2) The party obtaining injunctive relief in an action to enforce a water right must be awarded reasonable costs and attorney fees. For the purposes of this section, "enforce a water right" means an action by a party with a water right to enjoin the use of water by a person that does not have a water right.
History: En. 89-8-100.1 by Sec. 11, Ch. 416, L. 1977; R.C.M. 1947, 89-8-100.1; amd. Sec. 5, Ch. 487, L. 1995; amd. Sec. 1, Ch. 100, L. 2005; amd. Sec. 1, Ch. 45, L. 2007; amd. Sec. 1, Ch. 360, L. 2011.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 1. General Provisions › 85-2-131. Application for change of watercourse name

85-2-131. Application for change of watercourse name.
(1) All applications for the change of name of any watercourse or natural source of water supply, including natural streams, dry coulees, springs, lakes, rivers, or creeks which lie wholly within the limits of one county must be made to the district court of the county where the watercourse or other natural source of water supply, the name of which is proposed to be changed, or some part thereof is situated. The petition must state in ordinary and concise language:
(a) a description of the watercourse or other natural source of water supply, the name of which is proposed to be changed, identifying the same as near as may be by natural monuments;
(b) the present name of the stream or other natural source of water supply and the name to which the petitioners desire the same to be changed, together with the reasons for the desired change of name;
(c) the names of all persons or corporations owning real estate abutting upon or water rights upon the same whose titles appear of record in the office of the county clerk and recorder in the county in which the watercourse or other natural source of water supply, or some part thereof, is situated.
(2) The petition must be signed by not less than 10 owners of real property abutting upon said watercourse or other natural source of water supply or owning water rights upon the same.
(3) The insufficiency of the petition in any of the above respects shall not be held to defeat the jurisdiction of the court.
History: En. Sec. 1, Ch. 101, L. 1911; re-en. Sec. 9968, R.C.M. 1921; re-en. Sec. 9968, R.C.M. 1935; R.C.M. 1947, 93-100-6.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 1. General Provisions › 85-2-132. Change of watercourse name -- public notice

85-2-132. Change of watercourse name -- public notice.
When a petition under 85-2-131 is filed in the district court, the court or the judge shall designate some newspaper of general circulation in the county that is most likely to give all interested parties notice of the proceedings and shall order that notice be published in that newspaper as provided in this section. The judge may require any other notice that seems reasonable and shall fix a time at which objections to the granting of the petition for the change of name must be heard. A copy of the petition, together with a notice of the time set for hearing objections, must be published in the newspaper designated by the court or judge for that purpose at least once a week for 4 successive weeks, and other notice of the proceedings must be given that the court or judge may require.
History: En. Sec. 2, Ch. 101, L. 1911; re-en. Sec. 9969, R.C.M. 1921; re-en. Sec. 9969, R.C.M. 1935; R.C.M. 1947, 93-100-7; amd. Sec. 2755, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 1. General Provisions › 85-2-133. Change of watercourse name -- hearing

85-2-133. Change of watercourse name -- hearing.
At the time set for hearing or at any time prior thereto, objections may be filed by any person who can, in such objections, show to the court or judge good reason against such change of name. The application and the objections must be heard at such time as the court or judge may appoint. On hearing, the court or judge may examine on oath any of the petitioners, remonstrants, objectors, or other persons touching the application and may make an order changing the name or dismissing the application as to the court or judge may seem right and proper.
History: En. Sec. 3, Ch. 101, L. 1911; re-en. Sec. 9970, R.C.M. 1921; re-en. Sec. 9970, R.C.M. 1935; R.C.M. 1947, 93-100-8.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 1. General Provisions › 85-2-134. Change of watercourse name -- judgment to be filed with county clerk

85-2-134. Change of watercourse name -- judgment to be filed with county clerk.
If the change of name of a watercourse is ordered, a copy of the judgment, duly certified by the clerk of the court, must be filed with the county clerk and recorder of the county in which the watercourse or other natural source of water supply is situated, and the clerk of the court shall, annually, in January, make a return to the office of the secretary of state of all changes of names made in the district court of the clerk's county under this section.
History: En. Sec. 4, Ch. 101, L. 1911; re-en. Sec. 9971, R.C.M. 1921; re-en. Sec. 9971, R.C.M. 1935; R.C.M. 1947, 93-100-9; amd. Sec. 2756, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 1. General Provisions › 85-2-145. Removal of natural obstruction to exercise water right -- consent or court ruling required

85-2-145. Removal of natural obstruction to exercise water right -- consent or court ruling required
. (1) A person who owns a water right but cannot exercise the right because a natural obstruction on another person's property prevents the flow of the water shall, in writing, seek consent from the landowner to remove the natural obstruction.
(2) The water right owner may remove the natural obstruction if the landowner consents in writing and the water right owner complies with applicable laws and regulations.
(3) If the landowner does not consent in writing to the removal of the natural obstruction, the water right owner may seek a declaration from district court that the removal of the natural obstruction would not harm the landowner and is necessary for the water right owner to exercise the water right.
(4) In seeking a district court declaration, the water right owner shall:
(a) agree to pay all costs of the removal;
(b) show that the utility of the landowner's property would not be lessened;
(c) show that the landowner would not incur additional, uncompensated burdens from the removal of the natural obstruction; and
(d) agree to comply with applicable laws and regulations.
(5) The landowner may present evidence showing that the removal is not necessary for the water right owner to exercise the right or that the provisions of subsection (4) could not be met if the removal is permitted.
(6) The court shall determine if the removal of the natural obstruction:
(a) is necessary for the water right owner to exercise the right; and
(b) would meet the provisions of subsection (4).
(7) If the court permits the removal, the court may require any conditions to ensure that the provisions of subsection (4) are met.
(8) The court may award court costs and attorney fees.
(9) Removal of a natural obstruction under this section does not impair any existing right of the landowner.
History: En. Sec. 1, Ch. 408, L. 2013.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 1. General Provisions › 85-2-150. Chronically dewatered watercourse -- identification

85-2-150. Chronically dewatered watercourse -- identification.
(1) Using the factors in subsection (2) as guidelines, the department, in consultation with other agencies and groups, shall identify chronically dewatered watercourses or portions of watercourses.
(2) The factors the department shall consider when identifying chronically dewatered watercourses or portions of watercourses include but are not limited to the:
(a) extent, duration, and frequency of the dewatering;
(b) impact of the dewatering on fish, wildlife, or other natural resources;
(c) particular species of fish and wildlife impacted;
(d) impact of dewatering on other off-stream uses, including but not limited to agricultural, industrial, municipal, and recreational uses;
(e) probable cause of the dewatering;
(f) existence of temporary or final decrees;
(g) history, if any, of conflict among water rights holders on the watercourse;
(h) practicality and reasonableness of installing measuring devices on diversions along the watercourse; and
(i) likelihood that the installation of measuring devices will significantly help to:
(i) solve the chronically dewatered condition of the watercourse; or
(ii) resolve conflicts among water rights holders on the watercourse.
History: En. Sec. 3, Ch. 543, L. 1991.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 2. Adjudication of Water Rights › 85-2-201. Repealed

85-2-201. Repealed.
Sec. 37, Ch. 697, L. 1979.
History: En. Sec. 6, Ch. 452, L. 1973; R.C.M. 1947, 89-870.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 2. Adjudication of Water Rights › 85-2-202. Repealed

85-2-202. Repealed.
Sec. 37, Ch. 697, L. 1979.
History: En. Sec. 7, Ch. 452, L. 1973; R.C.M. 1947, 89-871.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 2. Adjudication of Water Rights › 85-2-203. Repealed

85-2-203. Repealed.
Sec. 37, Ch. 697, L. 1979.
History: En. Sec. 8, Ch. 452, L. 1973; amd. Sec. 1, Ch. 265, L. 1974; amd. Sec. 3, Ch. 485, L. 1975; R.C.M. 1947, 89-872.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 2. Adjudication of Water Rights › 85-2-204. Repealed

85-2-204. Repealed.
Sec. 37, Ch. 697, L. 1979.
History: En. Sec. 9, Ch. 452, L. 1973; amd. Sec. 4, Ch. 485, L. 1975; R.C.M. 1947, 89-873.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 2. Adjudication of Water Rights › 85-2-205. Repealed

85-2-205. Repealed.
Sec. 37, Ch. 697, L. 1979.
History: En. Sec. 10, Ch. 452, L. 1973; amd. Sec. 5, Ch. 485, L. 1975; R.C.M. 1947, 89-874.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 2. Adjudication of Water Rights › 85-2-206. Repealed

85-2-206. Repealed.
Sec. 37, Ch. 697, L. 1979.
History: En. Sec. 11, Ch. 452, L. 1973; amd. Sec. 6, Ch. 485, L. 1975; amd. Sec. 2, Ch. 416, L. 1977; R.C.M. 1947, 89-875.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 2. Adjudication of Water Rights › 85-2-207. Repealed

85-2-207. Repealed.
Sec. 37, Ch. 697, L. 1979.
History: En. Sec. 12, Ch. 452, L. 1973; amd. Sec. 7, Ch. 485, L. 1975; R.C.M. 1947, 89-876.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 2. Adjudication of Water Rights › 85-2-208. Repealed

85-2-208. Repealed.
Sec. 37, Ch. 697, L. 1979.
History: En. Sec. 13, Ch. 452, L. 1973; amd. Sec. 3, Ch. 416, L. 1977; R.C.M. 1947, 89-877.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 2. Adjudication of Water Rights › 85-2-209. Repealed

85-2-209. Repealed.
Sec. 37, Ch. 697, L. 1979.
History: En. Sec. 14, Ch. 452, L. 1973; R.C.M. 1947, 89-878.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 2. Adjudication of Water Rights › 85-2-210. Repealed

85-2-210. Repealed.
Sec. 37, Ch. 697, L. 1979.
History: En. Sec. 15, Ch. 452, L. 1973; R.C.M. 1947, 89-879.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 2. Adjudication of Water Rights › 85-2-211. Repealed

85-2-211. Repealed.
Sec. 315, Ch. 42, L. 1997.
History: En. Sec. 20, Ch. 697, L. 1979; amd. Sec. 2, Ch. 629, L. 1993.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.