reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 85. Water Use › Chapter 16. Wharves and Docks › Part 1. Wharves and Docks › 85-16-102. Public use of wharves and docks

85-16-102. Public use of wharves and docks.
All docks and wharves built on any of the navigable waters of the state shall be public docks and wharves, and all boats, vessels, and steamboats plying such navigable waters shall have a right to land thereat and take on and discharge their cargoes and passengers thereon. The owner of such dock or wharf shall have the right to charge and collect from the owner or owners of such boat, steamboat, or vessel a reasonable compensation therefor.
History: En. Sec. 2, Ch. 38, L. 1909; re-en. Sec. 1606, R.C.M. 1921; re-en. Sec. 1606, R.C.M. 1935; R.C.M. 1947, 89-602.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 16. Wharves and Docks › Part 1. Wharves and Docks › 85-16-103. Revocation of license

85-16-103. Revocation of license.
The license granted in 85-16-101 to build docks and wharves over and upon the lands under the navigable waters of this state conveys no title in such lands, and such license may be revoked by the state of Montana at any time.
History: En. Sec. 3, Ch. 38, L. 1909; re-en. Sec. 1607, R.C.M. 1921; re-en. Sec. 1607, R.C.M. 1935; R.C.M. 1947, 89-603.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 16. Wharves and Docks › Part 1. Wharves and Docks › 85-16-104. Land under navigable water

85-16-104. Land under navigable water.
By the term "land under water" is meant all land under any navigable waters of this state extending from high-water mark, or from the meander line where the shores of lakes or streams have been meandered, to the lake or stream.
History: En. Sec. 4, Ch. 38, L. 1909; re-en. Sec. 1608, R.C.M. 1921; re-en. Sec. 1608, R.C.M. 1935; R.C.M. 1947, 89-604.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 16. Wharves and Docks › Part 1. Wharves and Docks › 85-16-105. Repealed

85-16-105. Repealed.
Sec. 1, Ch. 164, L. 1979.
History: En. Sec. 5, Ch. 38, L. 1909; re-en. Sec. 1609, R.C.M. 1921; re-en. Sec. 1609, R.C.M. 1935; amd. Sec. 21, Ch. 315, L. 1974; R.C.M. 1947, 89-605.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 20. Water Compacts › Part 1. Yellowstone River Compact › 85-20-102. Purpose of the part

85-20-102. Purpose of the part.
Under the provisions of the Yellowstone River Compact (Chapter 39, Laws of Montana 1951), all appropriative rights to the beneficial uses of the waters of the interstate tributaries of the Yellowstone River existing in each signatory state as of January 1, 1950, have been recognized and shall continue to be enjoyed in accordance with the laws governing the acquisition and use of water under the doctrine of appropriation. All appropriative rights to the beneficial uses of the waters of the interstate tributaries of the Yellowstone River acquired after January 1, 1950, are subject to distribution in the states of Montana and Wyoming in accordance to the percentages in the different basins as provided in subsections (2) and (3) of Article V of said compact. The purpose of this part is to provide the means to determine the various appropriative rights to the beneficial uses of water of the interstate tributaries of the Yellowstone River acquired after January 1, 1950, and the quantity of water diverted and used by each such appropriator during each year, to enable the state of Montana and the Yellowstone River Compact commission to comply with and to administer the percentage allocations as provided in subsections (2) and (3) of Article V of said compact.
History: En. Sec. 1, Ch. 92, L. 1953; R.C.M. 1947, 89-905.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 20. Water Compacts › Part 1. Yellowstone River Compact › 85-20-103. Definitions

85-20-103. Definitions.
Unless the context requires otherwise, in this part the following definitions apply:
(1) "Department" means the department of natural resources and conservation provided for in Title 2, chapter 15, part 33.
(2) "Divert" and "diversion" mean the taking or removing of water from any interstate tributary or any tributary thereof, when the water so taken or removed is not returned directly into the channel of the interstate tributary or of the tributary thereof from which it is taken.
(3) "Domestic use" means the use of water by an individual or by a family unit or household for drinking, cooking, laundering, sanitation, and other personal comforts and necessities and for the irrigation of a family garden or orchard not exceeding one-half acre in area.
(4) "Interstate tributaries" or "interstate tributary" means the following described rivers which contribute to the flow of the Yellowstone River in the state of Montana, including all tributaries thereof: the Clarks Fork of the Yellowstone River; the Big Horn River (except the Little Big Horn River); the Tongue River; and the Powder River, whose confluences with the Yellowstone River are respectively at or near the city (or town) of Laurel, Big Horn, Miles City, and Terry, all in the state of Montana.
(5) "Person" means any person, corporation, partnership, association, municipal corporation, agency, and all others authorized by the laws of the state to appropriate water for beneficial uses.
(6) "Stock water use" means the use of water for livestock and poultry.
History: En. Sec. 2, Ch. 92, L. 1953; amd. Sec. 156, Ch. 253, L. 1974; R.C.M. 1947, 89-906.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 20. Water Compacts › Part 1. Yellowstone River Compact › 85-20-104. Filing written statement with department

85-20-104. Filing written statement with department.
(1) A person claiming an appropriative right to the use of any water of any interstate tributary that was acquired after January 1, 1950, shall, within 60 days after February 25, 1953, or before the person diverts any water, file with the department at its office in Helena, Montana, a written statement containing the following information:
(a) the name of the claimant and the claimant's address;
(b) the date of appropriation or the date when the water was first applied to a beneficial use;
(c) the quantity of water claimed;
(d) the name of the stream, river, or other source of water from which the diversion is made, if it has a name, and if it does not, a description identifying the stream, river, or source;
(e) the purpose for which the water is claimed and the place of intended use;
(f) the means of diversion;
(g) whether or not a weir or other device for measuring the water intended to be diverted has been installed in the claimant's ditch or other means of diversion;
(h) if a notice of appropriation was filed with the county clerk and recorder, the name of the county where it was filed;
(i) whether the appropriation was made from an adjudicated or nonadjudicated stream, river, or other source of water.
(2) The written statement must be verified by the affidavit of the claimant or someone in the claimant's behalf. The affidavit must state that the matters and facts contained in the written statement are true.
History: En. Sec. 3, Ch. 92, L. 1953; amd. Sec. 10, Ch. 280, L. 1965; amd. Sec. 157, Ch. 253, L. 1974; amd. Sec. 11, Ch. 460, L. 1977; R.C.M. 1947, 89-907; amd. Sec. 2826, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 20. Water Compacts › Part 1. Yellowstone River Compact › 85-20-105. Duty to install measuring devices

85-20-105. Duty to install measuring devices.
A person claiming an appropriative right to use any waters of any interstate tributary of the Yellowstone River that was acquired after January 1, 1950, shall, after February 25, 1953, and before the person diverts any water, install in the person's ditch or other means of diversion a weir or other measuring device so that all of the water to be diverted by the person can be accurately measured. The installation of a weir or other measuring device is subject to the approval of the department, and if in its judgment the weir or other measuring device or the installation of the weir or device is defective so that the water cannot be accurately measured, it may order the installation of an accurate measuring device. The claimant may not divert any water until the claimant complies with the order.
History: En. Sec. 4, Ch. 92, L. 1953; amd. Sec. 11, Ch. 280, L. 1965; amd. Sec. 158, Ch. 253, L. 1974; R.C.M. 1947, 89-908; amd. Sec. 2827, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 20. Water Compacts › Part 1. Yellowstone River Compact › 85-20-106. Duty to measure water

85-20-106. Duty to measure water.
Each claimant shall measure all the water being diverted by the claimant, keep accurate records of the diversion on forms prescribed and furnished by the department, and, within 15 days after November 1 of each year, file the written records with the department at its office in Helena, Montana.
History: En. Sec. 5, Ch. 92, L. 1953; amd. Sec. 12, Ch. 280, L. 1965; amd. Sec. 159, Ch. 253, L. 1974; R.C.M. 1947, 89-909; amd. Sec. 2828, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 20. Water Compacts › Part 1. Yellowstone River Compact › 85-20-107. Status of prior rights

85-20-107. Status of prior rights.
The rights to the beneficial use of any water of any interstate tributary of the Yellowstone River acquired prior to and including January 1, 1950, shall not be impaired by or subject to this part.
History: En. Sec. 6, Ch. 92, L. 1953; R.C.M. 1947, 89-910.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 20. Water Compacts › Part 1. Yellowstone River Compact › 85-20-108. Domestic and stock uses exempted

85-20-108. Domestic and stock uses exempted.
Any appropriation of water from any interstate tributary of the Yellowstone River made for domestic or stock water uses will not come within the provisions of this part whenever the capacity of a reservoir for stock water does not exceed 20 acre-feet.
History: En. Sec. 7, Ch. 92, L. 1953; amd. Sec. 12, Ch. 460, L. 1977; R.C.M. 1947, 89-911.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 20. Water Compacts › Part 1. Yellowstone River Compact › 85-20-109. Department to make rules

85-20-109. Department to make rules.
The department of natural resources and conservation shall adopt and enforce reasonable rules consistent with this part and the Yellowstone River Compact.
History: En. Sec. 8, Ch. 92, L. 1953; amd. Sec. 13, Ch. 280, L. 1965; amd. Sec. 160, Ch. 253, L. 1974; R.C.M. 1947, 89-912; amd. Sec. 483, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 20. Water Compacts › Part 1. Yellowstone River Compact › 85-20-110. Application to adjudicated and nonadjudicated waters

85-20-110. Application to adjudicated and nonadjudicated waters.
The provisions of this part shall apply to both adjudicated and nonadjudicated waters of the interstate tributaries of the Yellowstone River.
History: En. Sec. 9, Ch. 92, L. 1953; R.C.M. 1947, 89-913.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 20. Water Compacts › Part 1. Yellowstone River Compact › 85-20-111. Department to make record available

85-20-111. Department to make record available.
The department shall furnish and make available to the Yellowstone River Compact commission, from the records filed in its office, all appropriative rights acquired after January 1, 1950, to the use of the waters of the interstate tributaries of the Yellowstone River in the state of Montana, the amount of the annual diversions from those interstate tributaries, and any other information that its records may disclose as may be required by the Yellowstone River Compact commission.
History: En. Sec. 10, Ch. 92, L. 1953; amd. Sec. 14, Ch. 280, L. 1965; amd. Sec. 161, Ch. 253, L. 1974; R.C.M. 1947, 89-914.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 20. Water Compacts › Part 1. Yellowstone River Compact › 85-20-112. Services of county attorneys

85-20-112. Services of county attorneys.
The county attorneys of the state shall perform such legal services and bring such proceedings in carrying out the purposes of this part within their respective counties as the department shall require.
History: En. Sec. 11, Ch. 92, L. 1953; amd. Sec. 162, Ch. 253, L. 1974; R.C.M. 1947, 89-915.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 20. Water Compacts › Part 1. Yellowstone River Compact › 85-20-113. Penalty

85-20-113. Penalty.
Any person who violates or refuses or neglects to comply with any provision of this part or any order or rule adopted by the board or department pursuant thereto or the Yellowstone River Compact is guilty of a misdemeanor and upon conviction shall be fined not less than $25 or more than $200 for each offense.
History: En. Sec. 12, Ch. 92, L. 1953; amd. Sec. 163, Ch. 253, L. 1974; R.C.M. 1947, 89-916.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 20. Water Compacts › Part 1. Yellowstone River Compact › 85-20-121. Yellowstone compact obligations unimpaired

85-20-121. Yellowstone compact obligations unimpaired.
Nothing contained in Chapter 280, Laws of 1965, shall in any manner impair the obligations of the state of Montana under the Yellowstone River Compact.
History: En. Sec. 20, Ch. 280, L. 1965; R.C.M. 1947, 89-103.7.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 20. Water Compacts › Part 3. Northern Cheyenne-Montana Compact › 85-20-302. Consent to federal act and modification of compact

85-20-302. Consent to federal act and modification of compact.
(1) Pursuant to Article V, section A.1., of the Northern Cheyenne-Montana Compact, section 85-20-301, MCA, the Legislature hereby gives its consent to, ratifies, and adopts the Northern Cheyenne Indian Reserved Water Rights Settlement Act of 1992 (Public Law 102-374, 106 Stat. 1186). This consent includes:
(a) any amendment to the act that clarifies that environmental compliance costs for the Tongue River Dam Project are the responsibility of the federal government; or
(b) any amendment to section 4(c) of the act that provides that, except for the authorizations contained in subsections 7(b)(1)(A), 7(b)(1)(B), and 7(e), the authorization of appropriations in the act are not effective until such time as the Montana water court enters and approves a decree as provided in subsection 4(d) of the act.
(2) The provisions of the compact that are inconsistent with the federal act or with the amendments specified in subsections (1)(a) and (1)(b) of this section shall be deemed to be modified to the extent necessary to conform therewith.
History: En. Sec. 1, Ch. 7, Sp. L. November 1993.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 20. Water Compacts › Part 4. United States Park Service-Montana Compact › 85-20-402. Accounting for federal funds

85-20-402. Accounting for federal funds.
(1) There must be created those accounts that are necessary within the federal special revenue fund established under 17-2-102 for the purposes of this part.
(2) Federal funds deposited in the accounts and interest and earnings on the accounts must be used for the following purposes or to reimburse the state for expenditures incurred for the following purposes:
(a) establishment, administration, and enforcement of the Yellowstone controlled ground water area;
(b) inventory, sampling, reporting, and database management;
(c) provision for administrative costs and the cost of any study or any other necessary activity by the technical oversight committee; and
(d) any other necessary activity pursuant to this part.
History: En. Sec. 2, Ch. 635, L. 1993; Sec. 85-2-707, MCA 1993; redes. 85-20-402 by Code Commissioner, 1994; amd. Sec. 30, Ch. 389, L. 1999.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 20. Water Compacts › Part 9. Crow Tribe-Montana Compact › 85-20-902. Findings and purpose

85-20-902. Findings and purpose.
(1) It is the policy of the state of Montana to seek negotiated settlements of federal and Indian reserved water rights claims in Montana under Title 85, chapter 2, part 7.
(2) Pursuant to this policy, the commission commenced negotiations with the Crow Tribe regarding the Tribe's water rights claims on November 12, 1981.
(3) A water rights compact has been agreed to between the commission and the elected representatives of the government of the Crow Tribe that, among other things, provides an allocation of water to the Crow Tribe and provides protection for certain water rights recognized under state law in Montana.
(4) As consideration for the Crow Tribe's agreement to protect certain water rights recognized under state law in Montana and to release certain legal claims asserted against the state, the state of Montana has undertaken an obligation to make certain payments for the benefit of the Crow Tribe and has agreed that any future production taxes collected by the state on production of coal owned by the United States in trust for the Crow Tribe will be paid to the Crow Tribe.
(5) The commission's agreement to the compact and the state's obligation to make payments to the Crow Tribe thereunder is conditioned, among other things, upon the final approval of the compact as set forth in the compact and as required by state, federal, and tribal law and upon the execution and delivery by the Crow Tribe of sufficient releases for the legal claims that the Crow Tribe has agreed to release.
(6) The purposes of 85-20-902 through 85-20-905 are to provide for the implementation of the compact, to provide a mechanism for settlement of certain claims against the state, and to provide a means to fund the state's financial obligations for the upcoming biennium under its water rights compact with the Crow Tribe.
History: En. Sec. 1, Ch. 1, Sp. L. June 1999.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 20. Water Compacts › Part 9. Crow Tribe-Montana Compact › 85-20-903. Definitions

85-20-903. Definitions.
As used in 85-20-902 through 85-20-905, the following definitions apply:
(1) "Commission" means the reserved water rights compact commission.
(2) "Compact" means the Crow-Montana water rights compact as approved by the legislature in 85-20-901.
(3) "Department" means the department of natural resources and conservation.
History: En. Sec. 2, Ch. 1, Sp. L. June 1999.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 20. Water Compacts › Part 9. Crow Tribe-Montana Compact › 85-20-905. Settlement of litigation -- disposition of production taxes collected on coal owned in trust for Crow Tribe

85-20-905. Settlement of litigation -- disposition of production taxes collected on coal owned in trust for Crow Tribe.
(1) The governor and attorney general may enter into an agreement with the Crow Tribe and the United States for the settlement of the civil action captioned Crow Tribe of Indians v. State of Montana et al., Cause No. CV-78-110-BLG-JDS (D. Mont.), or any appeal pending in that action.
(2) The agreement may:
(a) include a release of all claims asserted by the Crow Tribe and the United States in the action, including but not limited to claims for costs and attorney fees;
(b) provide payments as authorized in the compact and 85-20-902 through 85-20-905; and
(c) include an agreement by which the proceeds of any production taxes levied under Montana law on the severance or production of coal owned by the United States in trust for the Crow Tribe are to be paid to the Crow Tribe.
History: En. Sec. 4, Ch. 1, Sp. L. June 1999.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 20. Water Compacts › Part 10. Fort Belknap-Montana Compact › 85-20-1002. Findings and purpose

85-20-1002. Findings and purpose.
(1) It is the policy of the state to seek negotiated settlements of federal and Indian reserved water rights claims in Montana under Title 85, chapter 2, part 7.
(2) Pursuant to this policy, the reserved water rights compact commission commenced negotiations with the Gros Ventre and Assiniboine Tribes which compose the Fort Belknap Indian Community of the Fort Belknap Reservation and the United States.
(3) A compact, 85-20-1001, has been agreed to between the state of Montana and the Fort Belknap Indian Community of the Fort Belknap Reservation that, among other things, provides an allocation of water to the tribes in settlement of their water right claims and provides protection for certain water rights arising under state law. Approval of the compact by the United States requires ratification by congress.
(4) (a) For purposes of implementing the compact, 85-20-1002 through 85-20-1008:
(i) establish accounts necessary to meet certain obligations agreed to in the compact;
(ii) provide a structure for the issuance of grants and loans; and
(iii) provide for the facilitation of the development of an economic development plan.
(b) Funding for the accounts established under 85-20-1004, 85-20-1005, and 85-20-1007 is subject to state and federal cost-share negotiations, approval of state cost-share by the legislature, and approval of federal cost-share by the United States congress.
(5) The state's obligation to provide funding to implement the compact and to satisfy the state's cost-share, once approved by the legislature, must be conditioned on:
(a) final court approval of a decree of the water rights of the tribes as set forth in Article VII, sections B. through D., of the compact; and
(b) validity of the compact under Article VII, section A., of the compact.
(6) Funds appropriated to accounts established under 85-20-1004, 85-20-1005, and 85-20-1007 and interest on appropriated funds are not available for expenditure unless the conditions, provided in subsection (5), are met.
(7) If a court does not approve a final decree, if the compact becomes null and void, or if one of the parties withdraws from the compact, the funds appropriated by the state to accounts established in 85-20-1004, 85-20-1005, and 85-20-1007 must revert to the general fund and any federal funds must be returned to the United States treasury. If a portion of the funding or interest on funding provided in 85-20-1004, 85-20-1005, and 85-20-1007 has been expended prior to the return of funds to the general fund, any claim against the state by the tribes or by the United States on behalf of the tribes for adjudication of the water rights of the tribes must be offset by the amount of the expenditures of state funds or interest on state funds.
History: En. Sec. 2, Ch. 256, L. 2001.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 20. Water Compacts › Part 10. Fort Belknap-Montana Compact › 85-20-1003. Definitions

85-20-1003. Definitions.
The definitions provided for in 85-20-1001 apply to 85-20-1002 through 85-20-1008. The absence of capitalization of defined terms in 85-20-1002 through 85-20-1008 does not affect the meaning or application of a defined term.
History: En. Sec. 3, Ch. 256, L. 2001.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 20. Water Compacts › Part 10. Fort Belknap-Montana Compact › 85-20-1004. Mitigation account

85-20-1004. Mitigation account.
(1) A private purpose trust account, called the mitigation account, is established, as provided for in 17-2-102, for deposit of funds and interest on funds appropriated by the state for mitigation measures required by Article VI of the compact.
(2) On approval of a final decree pursuant to Article VII of the compact, the funds and interest on funds in the mitigation account must be made available to the department of natural resources and conservation to cover the state's cost-share for construction of mitigation measures chosen on completion of a feasibility study and appropriate state and federal environmental review and on consideration of the economic development plan authorized by 85-20-1008.
History: En. Sec. 4, Ch. 256, L. 2001; amd. Sec. 128, Ch. 114, L. 2003; amd. Sec. 1, Ch. 440, L. 2009.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 20. Water Compacts › Part 10. Fort Belknap-Montana Compact › 85-20-1005. Watershed improvement trusts

85-20-1005. Watershed improvement trusts.
(1) A permanent fund account, called the state Milk River watershed improvement trust, is established, as provided for in 17-2-102, for deposit of funds appropriated pursuant to the compact for a permanent trust. Interest income may be used by the Milk River coordinating committee established pursuant to the compact for the purpose of allocating grants and loans.
(2) A permanent fund account, called the federal Milk River watershed improvement trust, is established, as provided for in 17-2-102, for receipt of federal funds appropriated for a permanent trust. Interest income may be used by the Milk River coordinating committee established pursuant to the compact for the purpose of allocating grants and loans.
(3) The state and federal Milk River watershed improvement trusts must be collectively referred to as the Milk River watershed improvement trusts.
History: En. Sec. 5, Ch. 256, L. 2001; amd. Sec. 129, Ch. 114, L. 2003.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 20. Water Compacts › Part 10. Fort Belknap-Montana Compact › 85-20-1006. Terms and conditions of loan

85-20-1006. Terms and conditions of loan.
A Milk River watershed improvement trusts loan is subject to the following terms and conditions:
(1) Except for loan agreements with an Indian tribe, the DNRC shall obtain a security interest in real estate that would be obtained by a reasonable, careful, and prudent lender.
(2) A current appraisal of real estate offered as security and a commitment for title insurance on that land must be secured by the borrower at the borrower's expense. All costs incident to the loan and loan closing must be paid by the borrower.
(3) For a loan agreement with an Indian tribe, security must be pursuant to the appropriate federal authority to secure a loan on trust land, and with an allottee, security must be pursuant to 25 U.S.C. 483A.
(4) The term of the loan may not be greater than the life of the project and may not exceed 30 years.
History: En. Sec. 6, Ch. 256, L. 2001.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 20. Water Compacts › Part 10. Fort Belknap-Montana Compact › 85-20-1007. Peoples Creek minimum flow account

85-20-1007. Peoples Creek minimum flow account.
(1) A state special revenue account, called the Peoples Creek minimum flow account, is established, as provided for in 17-2-102, for deposit of funds and interest on funds for efficiency improvements and bypass structures for irrigation upstream from the Fort Belknap Reservation in the Peoples Creek Basin 40I and for a reservoir on the Reservation for the purpose of improving minimum stream flow.
(2) On approval of a final decree pursuant to Article VII of the compact, the funds and interest on funds in the Peoples Creek minimum flow account must be made available to the water users and the tribes to cover the cost of construction of improvements as agreed to in the state and federal cost-share negotiations.
History: En. Sec. 7, Ch. 256, L. 2001; amd. Sec. 130, Ch. 114, L. 2003; amd. Sec. 1, Ch. 47, L. 2011.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 20. Water Compacts › Part 10. Fort Belknap-Montana Compact › 85-20-1008. Economic development plan

85-20-1008. Economic development plan.
(1) The DNRC is directed to facilitate development of an economic development plan focused on future use of water and currently irrigated land, including but not limited to use of water and irrigated land for irrigation, industrial, recreational, fisheries, and habitat purposes in the Milk River basin.
(2) The Milk River regional feasibility study examines alternative measures for mitigation of impacts of development of the tribal water right for the purpose of determining feasibility and environmental impact. The purpose of the economic development plan is to supplement the federal studies and provide information to assist in choosing mitigation measures by examining the long-term economic potential of water use in the Milk River basin.
(3) At a minimum, the DNRC shall include irrigation districts, individual irrigators, conservation districts, county governments, and municipalities in the development of the economic development plan.
History: En. Sec. 8, Ch. 256, L. 2001.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 20. Water Compacts › Part 15. Blackfeet Tribe-Montana-United States Compact › 85-20-1503. Definitions

85-20-1503. Definitions.
As used in 85-20-1503 through 85-20-1506, the following definitions apply:
(1) "Blackfeet Tribe" means the Blackfeet Tribe of the Blackfeet Indian reservation of Montana; and
(2) "Department" means the department of natural resources and conservation provided for in Title 2, chapter 15, part 33.
History: En. Sec. 1, Ch. 489, L. 2007.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 20. Water Compacts › Part 15. Blackfeet Tribe-Montana-United States Compact › 85-20-1504. Blackfeet Tribe water rights compact mitigation account -- use

85-20-1504. Blackfeet Tribe water rights compact mitigation account -- use.
(1) There is an account within the state special revenue fund called the Blackfeet Tribe water rights compact mitigation account. The department shall administer the account. All interest and other income earned on money in the account must be deposited in the account.
(2) The Blackfeet Tribe water rights compact mitigation account may be used only for:
(a) expenditures for grants to or matching funds for federal or other grants to water right holders under state law for water from Birch Creek, Badger Creek, Cut Bank Creek, the Two Medicine River, and the portion of the Milk River within the exterior boundaries of the Blackfeet Indian reservation for projects approved by the department to enhance water availability or otherwise mitigate the economic and hydrologic impacts on water right holders under state law caused by the development of the Blackfeet Tribe's water rights under a water rights compact pursuant to 85-2-702 quantifying the water rights of the Blackfeet Tribe; and
(b) implementation of the water rights compact among the Blackfeet Tribe, the state, and the United States and any associated agreements as may be specified in the compact or agreements.
(3) (a) At least $4.5 million of this account must be dedicated to mitigate impacts on water right holders under state law for use of water out of Birch Creek.
(b) The amount of $14 million in this account must be used to mitigate impacts of development of the tribal water right on water users as provided for in a February 13, 2009, amendment to an agreement between the Blackfeet Tribe of the Blackfeet Indian reservation and the state of Montana regarding Birch Creek water use entered into January 31, 2008.
(c) The amount of $10 million in this account must be held in escrow. The department shall negotiate the terms of an escrow agreement.
(4) Funds from this account may not be disbursed unless a water rights compact among the Blackfeet Tribe, the state, and the United States has been finally ratified by the legislature, the Congress of the United States, and the Blackfeet Tribe.
(5) Money in the Blackfeet Tribe water rights compact mitigation account is statutorily appropriated, as provided in 17-7-502, to the department of natural resources and conservation.
History: En. Sec. 2, Ch. 489, L. 2007; amd. Sec. 2, Ch. 57, L. 2011; amd. Sec. 1, Ch. 209, L. 2017; amd. Sec. 1, Ch. 623, L. 2023.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 20. Water Compacts › Part 15. Blackfeet Tribe-Montana-United States Compact › 85-20-1505. Blackfeet Tribe water rights compact infrastructure account -- use

85-20-1505. Blackfeet Tribe water rights compact infrastructure account -- use.
(1) There is an account within the state special revenue fund called the Blackfeet Tribe water rights compact infrastructure account. The department shall administer the account.
(2) The Blackfeet Tribe water rights compact infrastructure account may be used only for water-related infrastructure projects within the exterior boundaries of the Blackfeet Indian reservation.
(3) Funds from this account may not be disbursed unless a water rights compact among the Blackfeet Tribe, the state, and the United States has been finally ratified by the legislature, the Congress of the United States, and the Blackfeet Tribe.
(4) All interest and other income earned on money in the account must be deposited in the account.
(5) All proceeds of the bonds authorized in 85-20-1511 must be deposited in a bond proceeds subaccount established in the Blackfeet Tribe water rights compact infrastructure account.
(6) Subject to subsection (3), money in the Blackfeet Tribe water rights compact infrastructure account, including the proceeds of the bonds authorized in 85-20-1511 deposited in the bond proceeds subaccount, is statutorily appropriated, as provided in 17-7-502, to the department of natural resources and conservation for the purpose of funding the state's portion of the cost of the Four Horns Project as provided for in the agreement between the Blackfeet Tribe of the Blackfeet Indian reservation and the state of Montana regarding Birch Creek water use, dated January 31, 2008, as may be amended.
History: En. Sec. 3, Ch. 489, L. 2007; amd. Sec. 2, Ch. 204, L. 2009; amd. Sec. 3, Ch. 147, L. 2011.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 20. Water Compacts › Part 15. Blackfeet Tribe-Montana-United States Compact › 85-20-1506. Administrative rules

85-20-1506. Administrative rules.
(1) The department shall adopt reasonable rules for implementing and administering 85-20-1503 through 85-20-1505.
(2) In proposing rules, the department shall:
(a) consult with affected stakeholders, including the Pondera County conservation district and the Glacier County conservation district; and
(b) give priority to mitigating impacts on water right holders under state law who use water out of Birch Creek.
History: En. Sec. 4, Ch. 489, L. 2007.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 20. Water Compacts › Part 15. Blackfeet Tribe-Montana-United States Compact › 85-20-1511. Authorization of bonds -- condition

85-20-1511. Authorization of bonds -- condition.
(1) Subject to subsection (3) and upon request of the director of the department of natural resources and conservation, the board of examiners may issue and sell general obligation bonds in a principal amount not exceeding $16.15 million, of which $16 million is to pay the state's costs for water-related infrastructure projects within the exterior boundaries of the Blackfeet Indian reservation as provided for in 85-20-1505 and no more than $150,000 is to pay bond issuance costs.
(2) (a) Except as provided in subsection (2)(b), the proceeds from the bonds authorized under this section must be deposited in a bond proceeds subaccount created in the Blackfeet Tribe water rights compact infrastructure account provided for in 85-20-1505.
(b) The proceeds to pay bond issuance costs must be deposited into a state special revenue account.
(3) The bonds must be sold and issued pursuant to the provisions of Title 17, chapter 5, part 8.
(4) The bonds may not be issued or sold unless a water rights compact among the Blackfeet Tribe, the state, and the United States has been finally ratified by the Blackfeet Tribe, the legislature, and the Congress of the United States.
History: En. Sec. 1, Ch. 147, L. 2011.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 25. Columbia River Treaty Account › Part 1. General Provisions › 85-25-101. Definitions

85-25-101. (Effective on occurrence of contingency) Definitions.
As used in this chapter, the following definitions apply:
(1) "Columbia River treaty" or "treaty" means the Columbia River treaty between Canada and the United States relating to cooperative development of the water resources of the Columbia River basin.
(2) "Department" means the department of natural resources and conservation provided for in Title 2, chapter 15, part 33.
History: En. Sec. 1, Ch. 383, L. 2015.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 25. Columbia River Treaty Account › Part 1. General Provisions › 85-25-102. Columbia River treaty account -- use

85-25-102. (Effective on occurrence of contingency) Columbia River treaty account -- use.
(1) There is an account within the state special revenue fund provided for in 17-2-102 called the Columbia River treaty account. The department shall administer the account.
(2) The Columbia River treaty account must be used to:
(a) disburse funds to Lincoln County to compensate the county for storage of floodwaters and general river flow, which provides protection of life and property downstream as well as considerable economic benefit over a broad region; and
(b) transfer funds to the state general fund pursuant to subsection (4)(b).
(3) Any money received by the state related to the Columbia River treaty must be deposited in the account.
(4) (a) No later than July 15 following the close of the preceding fiscal year, the department shall distribute to Lincoln County 80% of all funds deposited into the account during the preceding fiscal year.
(b) The department shall transfer the remaining funds deposited into the account during the preceding fiscal year to the state general fund.
(5) Funds in the account are statutorily appropriated, as provided in 17-7-502, to the department for the purposes provided in subsection (2).
(6) Lincoln County shall use the funds received from the account for schools, roads, and general operations and to establish a trust fund with the interest made available for projects and programs that promote social, economic, and environmental well-being in Lincoln County.
History: En. Sec. 2, Ch. 383, L. 2015.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 1. General Provisions › 87-1-101. Definitions

87-1-101. Definitions.
Unless the context requires otherwise, in this title the following definitions apply:
(1) "Board" means the state parks and recreation board provided for in 2-15-3406.
(2) "Commission" means the fish and wildlife commission provided for in 2-15-3402.
(3) "Department" means the department of fish, wildlife, and parks provided for in Title 2, chapter 15, part 34.
(4) "Director" means the director of fish, wildlife, and parks provided for in 2-15-3401.
(5) "Warden" means a state fish and game warden.
History: En. 26-101.1 by Sec. 1, Ch. 511, L. 1973; amd. Sec. 3, Ch. 417, L. 1977; R.C.M. 1947, 26-101.1; amd. Sec. 2, Ch. 218, L. 1979; amd. Sec. 2, Ch. 28, L. 1991; amd. Sec. 24, Ch. 235, L. 2013.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 1. General Provisions › 87-1-102. Repealed

87-1-102. Repealed.
Sec. 120, Ch. 258, L. 2011.
History: En. Sec. 23, Ch. 238, L. 1921; re-en. Sec. 3706, R.C.M. 1921; amd. Sec. 23, Ch. 192, L. 1925; re-en. Sec. 3706, R.C.M. 1935; amd. Sec. 9, Ch. 224, L. 1947; amd. Sec. 1, Ch. 159, L. 1955; amd. Sec. 29, Ch. 511, L. 1973; amd. Sec. 34, Ch. 9, L. 1977; amd. Secs. 13, 14, Ch. 417, L. 1977; amd. Sec. 1, Ch. 465, L. 1977; R.C.M. 1947, 26-324; amd. Sec. 1, Ch. 334, L. 1987; amd. Sec. 1, Ch. 132, L. 1989; amd. Sec. 2, Ch. 277, L. 1991; amd. Sec. 7, Ch. 609, L. 1991; amd. Sec. 1, Ch. 101, L. 1995; amd. Sec. 1, Ch. 417, L. 1995; amd. Sec. 96, Ch. 552, L. 1997; amd. Sec. 2, Ch. 499, L. 1999; amd. Sec. 2, Ch. 502, L. 1999; amd. Sec. 1, Ch. 59, L. 2005; amd. Sec. 4, Ch. 121, L. 2009; amd. Sec. 1, Ch. 229, L. 2009; amd. Sec. 1, Ch. 253, L. 2009.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 1. General Provisions › 87-1-103. Fines, bonds, and penalties

87-1-103. Fines, bonds, and penalties.
All fines, bonds, and penalties mentioned in this title may be collected by civil action in the name of the state in any court of competent jurisdiction. All fines, bonds, and costs shall be collected without stay of execution.
History: En. Sec. 74, Ch. 173, L. 1917; re-en. Sec. 3753, R.C.M. 1921; amd. Sec. 25, Ch. 77, L. 1923; re-en. Sec. 3753, R.C.M. 1935; amd. Sec. 41, Ch. 511, L. 1973; R.C.M. 1947, 26-1001.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 1. General Provisions › 87-1-104. Payment of cost bill to county

87-1-104. Payment of cost bill to county.
In a prosecution for the violation of fish and game laws where costs are incurred, a cost bill shall be prepared. The cost bill shall include the cost of board of prisoners and shall be presented to the department of administration. If the costs are allowed, the state treasurer shall pay them out of the fish and game moneys in the state special revenue fund to the treasurer of the county where the costs were incurred.
History: En. Sec. 75, Ch. 173, L. 1917; re-en. Sec. 3754, R.C.M. 1921; re-en. Sec. 3754, R.C.M. 1935; amd. Sec. 42, Ch. 511, L. 1973; R.C.M. 1947, 26-1002; amd. Sec. 1, Ch. 277, L. 1983.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 1. General Provisions › 87-1-105. Duty of attorney general and county attorneys

87-1-105. Duty of attorney general and county attorneys.
The attorney general of the state is the legal adviser of the department and shall, together with the several county attorneys, enforce the provisions of this title.
History: En. Sec. 26, Ch. 193, L. 1921; re-en. Sec. 3675, R.C.M. 1921; re-en. Sec. 3675, R.C.M. 1935; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-126; amd. Sec. 1, Ch. 44, L. 1979.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 1. General Provisions › 87-1-106. Fish, wildlife, and parks offices

87-1-106. Fish, wildlife, and parks offices.
The principal offices of the commission, the board, and the department must be located in or near Helena, and suitable and adequate space therefor together with janitor services, light, heat, and water must be furnished by the state of Montana.
History: En. Sec. 3, Ch. 193, L. 1921; re-en. Sec. 3652, R.C.M. 1921; amd. Sec. 1, Ch. 77, L. 1923; amd. Sec. 1, Ch. 192, L. 1925; re-en. Sec. 3652, R.C.M. 1935; amd. Sec. 1, Ch. 114, L. 1945; amd. Sec. 1, Ch. 52, L. 1957; amd. Sec. 1, Ch. 119, L. 1959; amd. Sec. 23, Ch. 271, L. 1963; amd. Sec. 2, Ch. 511, L. 1973; R.C.M. 1947, 26-103(part); amd. Sec. 1, Ch. 340, L. 1985; amd. Sec. 25, Ch. 235, L. 2013.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 1. General Provisions › 87-1-107. Right to harvest -- legislative intent

87-1-107. Right to harvest -- legislative intent.
The legislature, mindful of its constitutional obligations under Article II, section 3, of the Montana constitution protecting the inalienable rights of a person to pursue life's basic necessities, enjoy the person's life and liberties, and pursue happiness in all lawful ways, and Article IX, section 7, of the Montana constitution protecting the opportunity for a person to harvest wild fish and wild game animals while not diminishing other private rights, has enacted the laws of this title pertaining to the lawful means of hunting, fishing, and trapping, as defined in 87-2-101 and 87-6-101, as adequate remedies for the preservation of the harvest heritage of the individual citizens of this state.
History: En. Sec. 1, Ch. 105, L. 2015.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 1. General Provisions › 87-1-108. Repealed

87-1-108. Repealed.
Sec. 120, Ch. 258, L. 2011.
History: En. Sec. 3, Ch. 277, L. 1991; amd. Sec. 97, Ch. 552, L. 1997.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 1. General Provisions › 87-1-111. Repealed

87-1-111. Repealed.
Sec. 120, Ch. 258, L. 2011.
History: En. Sec. 1, Ch. 523, L. 1987; amd. Sec. 2, Ch. 142, L. 1989; amd. Sec. 3, Ch. 409, L. 1989; amd. Sec. 4, Ch. 329, L. 1991; amd. Sec. 2, Ch. 417, L. 1995; amd. Sec. 3, Ch. 502, L. 1999; amd. Sec. 1, Ch. 227, L. 2005; amd. Sec. 5, Ch. 415, L. 2007.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 1. General Provisions › 87-1-112. Repealed

87-1-112. Repealed.
Sec. 120, Ch. 258, L. 2011.
History: En. Sec. 2, Ch. 523, L. 1987; amd. Sec. 3, Ch. 142, L. 1989; amd. Sec. 25, Ch. 395, L. 1999; amd. Sec. 4, Ch. 502, L. 1999.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 1. General Provisions › 87-1-113. Repealed

87-1-113. Repealed.
Sec. 120, Ch. 258, L. 2011.
History: En. Sec. 3, Ch. 523, L. 1987; amd. Sec. 5, Ch. 502, L. 1999.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 1. General Provisions › 87-1-114. Repealed

87-1-114. Repealed.
Sec. 120, Ch. 258, L. 2011.
History: En. Sec. 4, Ch. 523, L. 1987; amd. Sec. 4, Ch. 142, L. 1989; amd. Sec. 74, Ch. 509, L. 1995; amd. Sec. 3, Ch. 499, L. 1999; amd. Sec. 6, Ch. 502, L. 1999; amd. Sec. 44, Ch. 257, L. 2001; amd. Sec. 1, Ch. 500, L. 2007.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 1. General Provisions › 87-1-115. Repealed

87-1-115. Repealed.
Sec. 120, Ch. 258, L. 2011.
History: En. Sec. 1, Ch. 502, L. 1999; amd. Sec. 2, Ch. 227, L. 2005.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 1. General Provisions › 87-1-120. Remedial hunter education program

87-1-120. Remedial hunter education program.
(1) The department shall develop a remedial hunter education program for hunting law violators.
(2) The program must be funded through money collected by a court pursuant to 87-6-905 through 87-6-908.
(3) The department shall determine the qualifications for instructors, hire the instructors, and pay the instructors at a rate determined by the department.
(4) A person who is sentenced by the court to complete a remedial hunter education course shall pay the costs directly attributable to the person's participation in the remedial hunter education program.
(5) The course instructor shall notify the sentencing court of the participant's attendance record and of the participant's success or failure in completing the program.
(6) A participant whose hunting, fishing, or trapping license has been revoked shall successfully complete the program before license privileges may be reinstated.
History: En. Sec. 6, Ch. 499, L. 1999; amd. Sec. 85, Ch. 258, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 1. General Provisions › 87-1-126. Use of exploding targets prohibited -- definition -- penalty

87-1-126. Use of exploding targets prohibited -- definition -- penalty.
(1) The use of exploding targets on properties managed pursuant to this title is prohibited when the department of natural resources and conservation determines that fire danger is high, very high, or extreme.
(2) For the purposes of this section, "exploding targets" means commercial targets that explode when impacted by a high-velocity projectile or targets created by combining components, including but not limited to ammonium nitrate and aluminum powder, that explode when impacted by a high-velocity projectile.
(3) A person convicted of a violation of this section is guilty of a misdemeanor and shall be fined not more than $500 or be imprisoned in the county jail for not more than 6 months.
History: En. Sec. 3, Ch. 513, L. 2021.