reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 8. Diversions From the Yellowstone River Basin › 85-2-801. Definitions

85-2-801. Definitions.
Unless the context requires otherwise, in this part the following definitions apply:
(1) "Basin" means the Yellowstone River basin.
(2) "Compact" means the Yellowstone River Compact provided for in 85-20-101.
History: En. Sec. 1, Ch. 581, L. 1981.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 8. Diversions From the Yellowstone River Basin › 85-2-802. Authority to approve diversions

85-2-802. Authority to approve diversions.
The department may consent on behalf of the state of Montana to diversions of water from the basin pursuant to Article X of the compact, including diversions of water allocated under the terms of the compact to the other signatory states of Wyoming and North Dakota.
History: En. Sec. 2, Ch. 581, L. 1981.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 8. Diversions From the Yellowstone River Basin › 85-2-803. Legislative review

85-2-803. Legislative review.
(1) A diversion of water from the basin pursuant to Article X of the compact consented to by the department under the provisions of this part may not be made until one of the following occurs, whichever is later:
(a) the legislature ratifies the first determination of the department to consent to a diversion of water from the basin pursuant to Article X of the compact; or
(b) July 1, 1983.
(2) A decision by the department to disapprove a diversion of water is not subject to legislative approval.
History: En. Sec. 3, Ch. 581, L. 1981.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 8. Diversions From the Yellowstone River Basin › 85-2-805. Criteria for approval -- terms

85-2-805. Criteria for approval -- terms.
(1) The department may issue its approval of a diversion of water allocated to Montana under the terms of the compact or unallocated compact water diverted in Montana if:
(a) the diversion and the ultimate use of the water in Montana are for a beneficial use of water;
(b) the diversion and ultimate use of water will not adversely affect the water rights of other persons;
(c) the proposed means of diversion, construction, and operation are adequate;
(d) the diversion and ultimate use will not interfere unreasonably with other planned uses or developments for which a water right has been established or a permit has been issued or for which water has been reserved;
(e) the diversion and ultimate use of water will not exceed the allocated share under the compact of any of the signatory states;
(f) the diversion and ultimate use of the water are in the public interest of Montana; and
(g) the applicant signs an agreement to comply with the laws of the signatory states to the compact in constructing, operating, and maintaining all facilities associated with the diversion and ultimate use of the water.
(2) The department may approve a diversion of water allocated to North Dakota or Wyoming or unallocated compact water diverted in North Dakota or Wyoming if the diversion will not adversely affect the property, rights, or interests of an appropriator located in Montana and if the diversion and ultimate use of water will not exceed the allocated share under the compact of any of the signatory states.
(3) The department may approve a diversion subject to such terms, conditions, restrictions, and limitations as it considers necessary to meet the applicable criteria listed in subsection (1) or (2).
History: En. Sec. 5, Ch. 581, L. 1981.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 8. Diversions From the Yellowstone River Basin › 85-2-806. Combined proceeding

85-2-806. Combined proceeding.
The department, upon petition by the applicant, may consider and act upon any application for diversion of water from the basin filed pursuant to the provisions of this part in conjunction with proceedings involving the siting of a facility or associated facilities conducted under the provisions of Title 75, chapter 20, part 4, as amended, or in conjunction with any departmental proceeding involving the issuance of a permit or approval of a change conducted under Title 85, chapter 2, if in the opinion of the department consideration of both applications in the same proceeding will better enable the department to fulfill its functions, duties, and responsibilities under the provisions of Title 75, chapter 20, part 4, or Title 85, chapter 2, and this part. The department's consent to the diversion of Montana water out of the basin for ultimate use in a facility as defined in Title 75, chapter 20, must be contingent upon the department's issuance of a certificate for the facility in accordance with Title 75, chapter 20. The department's consent terminates 10 years after the date of issuance of the consent unless the department issues the certificate for the facility in accordance with Title 75, chapter 20, and approval of North Dakota and Wyoming is secured in accordance with Article X of the compact or unless consent is extended by the department.
History: En. Sec. 6, Ch. 581, L. 1981; amd. Sec. 467, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 8. Diversions From the Yellowstone River Basin › 85-2-807. Department authorized to appear in administrative and legal proceedings

85-2-807. Department authorized to appear in administrative and legal proceedings.
The department may appear on behalf of the state of Montana in proceedings before the legislatures and administrative agencies of the other signatory states to the compact and in legal proceedings commenced in federal or state court within the other signatory states involving the consent of such signatory states to diversions of water from the basin under Article X of the compact and any other laws or rules of such signatory states applicable to such diversions to the extent necessary to protect the interests and the citizens of Montana in those proceedings.
History: En. Sec. 7, Ch. 581, L. 1981.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 9. Ground Water Assessment › 85-2-902. Findings and purpose

85-2-902. Findings and purpose.
(1) The legislature finds that:
(a) Montana's citizens depend on ground water for a variety of uses, including domestic, agricultural, industrial, irrigation, mining, municipal, power, and recreation, and for maintenance of ecosystems and surface water supplies;
(b) ground water supplies and quality are threatened by a variety of contaminant sources;
(c) there is insufficient information characterizing the volume, quality, and flow patterns of the state's ground water;
(d) ground water information deficiencies are hampering the efforts of citizens and units of government to properly manage, protect, and develop ground water;
(e) government policies and programs should focus on preventing ground water contamination and supply depletion, but in order for preventive policies and programs to be effective, better ground water information is required; and
(f) there is a need for better coordination among those numerous units of state, federal, and local government with responsibility for ground water management, protection, and development.
(2) The purposes of this part are:
(a) to improve the quality of ground water management, protection, and development decisions within the public and private sectors by establishing a program to systematically assess and monitor the state's ground water and to disseminate the information to interested persons; and
(b) to improve coordination of ground water management, protection, development, and research functions among units of state, federal, and local government by establishing a ground water assessment steering committee.
History: En. Sec. 2, Ch. 769, L. 1991.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 9. Ground Water Assessment › 85-2-903. Definitions

85-2-903. Definitions.
As used in this part, the following definitions apply:
(1) "Aquifer" means a water-bearing, subsurface formation capable of yielding sufficient quantities of water to a well for a beneficial use.
(2) "Ground water assessment steering committee" means the committee established by 2-15-1523.
(3) "Ground water characterization program" means a program to systematically assess and document the hydrogeology and quality of the state's major aquifers.
(4) "Ground water characterization study" means the assessment of individual aquifers in specific areas within the state.
(5) "Ground water monitoring program" means a program to produce and maintain a long-term record of ground water chemistry and water level changes, based on information collected from a statewide network of observation wells.
History: En. Sec. 3, Ch. 769, L. 1991.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 9. Ground Water Assessment › 85-2-905. Ground water assessment account

85-2-905. Ground water assessment account.
(1) There is a ground water assessment account within the special revenue fund established in 17-2-102. The Montana bureau of mines and geology is authorized to expend amounts from the account necessary to carry out the purposes of this part.
(2) The account may be used by the Montana bureau of mines and geology only to carry out the provisions of this part.
(3) Subject to the direction of the ground water assessment steering committee, the Montana bureau of mines and geology shall investigate opportunities for the participation and financial contribution of agencies of federal and local governments to accomplish the purposes of this part.
(4) There must be deposited in the account:
(a) at the beginning of each fiscal year, the proceeds from the resource indemnity and ground water assessment tax, as authorized by 15-38-106, and the interest earnings from the resource indemnity trust fund, as authorized by 15-38-202;
(b) funds provided by state government agencies and by local governments to carry out the purposes of this part; and
(c) funds provided by any other public or private sector organization or person in the form of gifts, grants, or contracts specifically designated to carry out the purposes of this part.
History: En. Secs. 4, 5, Ch. 769, L. 1991; amd. Sec. 2, Ch. 31, L. 1995; amd. Sec. 299, Ch. 42, L. 1997; amd. Sec. 6, Ch. 444, L. 1997; amd. Sec. 8, Ch. 552, L. 1999; amd. Sec. 14, Ch. 522, L. 2003; amd. Sec. 23, Ch. 432, L. 2007.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 9. Ground Water Assessment › 85-2-906. Ground water characterization program -- ground water monitoring program

85-2-906. Ground water characterization program -- ground water monitoring program.
(1) There is a ground water characterization program and a ground water monitoring program.
(2) Subject to the direction of the ground water assessment steering committee, the Montana bureau of mines and geology shall establish and administer the ground water characterization program and the ground water monitoring program.
(3) The Montana bureau of mines and geology shall work with units of local government, ground water users, and other affected organizations and individuals in areas of the state that are included in a ground water characterization study and, if warranted by the level of local interest in a ground water characterization study, shall establish a local ground water assessment advisory committee.
(4) The ground water assessment steering committee created by 2-15-1523 shall:
(a) oversee expenditures from the ground water assessment account and organization plans and work plans proposed by the Montana bureau of mines and geology to implement the ground water characterization and ground water monitoring programs, including plans for local involvement and participation in ground water characterization studies;
(b) approve ground water monitoring sites;
(c) prioritize and select ground water characterization study areas;
(d) develop plans for ground water information management and dissemination;
(e) develop plans for integrating existing ground water information with information collected under the programs created by subsection (1);
(f) coordinate ground water information collection projects sponsored by individual units of state, federal, or local government with the programs created by subsection (1); and
(g) evaluate reports and other information produced by the Montana bureau of mines and geology from ground water characterization studies.
(5) The ground water assessment steering committee shall invite representatives of local governments and Indian tribes with jurisdiction over areas of the state that are included in an active ground water characterization study or in a study scheduled to begin in the ensuing biennium, as well as affected citizens in these areas, to participate in steering committee meetings.
History: En. Sec. 6, Ch. 769, L. 1991.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 9. Ground Water Assessment › 85-2-907. Ground water information collection by local governments

85-2-907. Ground water information collection by local governments.
Units of local government may conduct ground water information collection projects in advance of ground water characterization studies conducted under the program created by 85-2-906(1). Local governments shall consult with the Montana bureau of mines and geology in designing local ground water information collection projects and studies and, subject to local funding availability, shall conduct the local projects and studies to produce information that is compatible with the type of information produced by the ground water characterization program.
History: En. Sec. 7, Ch. 769, L. 1991.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 10. Surface Water Assessment and Monitoring Program › 85-2-1001. Surface water assessment and monitoring program -- steering committee

85-2-1001. Surface water assessment and monitoring program -- steering committee.
(1) The Montana bureau of mines and geology shall develop and implement a surface water assessment and monitoring program for the purpose of collecting and compiling surface water information. The bureau shall gather data, compile existing information, conduct field studies, and prepare a detailed hydrogeologic assessment report for each subbasin. The bureau shall develop a monitoring plan and a hydrogeologic model for each subbasin for which a report is prepared.
(2) (a) There is a surface water assessment and monitoring program steering committee consisting of:
(i) an employee of each of the following state agencies that have responsibility for surface water protection, management, or information who is appointed by the head of the respective state agency:
(A) the department of natural resources and conservation;
(B) the department of environmental quality;
(C) the department of agriculture; and
(D) the Montana state library, natural resource information system; and
(ii) at least one representative of tribal governments in Montana, appointed by the governor.
(b) The committee may include representatives of the following agencies and units of government with expertise or management responsibility related to surface water:
(i) the legislative services division;
(ii) the board of oil and gas conservation;
(iii) the Montana bureau of mines and geology;
(iv) a soil and water conservation district;
(v) a unit of the Montana university system, other than the Montana bureau of mines and geology, appointed by the board of regents of higher education for the university system;
(vi) a county government, appointed by an organization of Montana counties;
(vii) a city, town, or city-county government, appointed by an organization of Montana cities and towns; and
(viii) each principal federal agency that has responsibility for surface water protection, management, or research, appointed by the Montana head of the respective federal agency.
(c) The committee may include one representative of each of the following organizations and groups, appointed by the governor, to serve as ex officio members:
(i) agricultural water users;
(ii) industrial water users;
(iii) a conservation or ecological protection organization; and
(iv) the development community.
(3) The steering committee shall prioritize subbasins for investigation based on current and anticipated growth of agriculture, industry, housing, and commercial activity. Permit applications for the development of surface water or ground water and the timing of the adjudication of water rights may be taken into account when prioritizing subbasins.
(4) The steering committee shall elect a presiding officer from its voting members.
(5) The Montana bureau of mines and geology shall provide staff support to the steering committee.
History: En. Sec. 1, Ch. 361, L. 2017.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 3. Atmospheric Water Weather Modification › Part 1. General Provisions › 85-3-101. Definitions

85-3-101. Definitions.
Unless the context requires otherwise, in this chapter, the following definitions apply:
(1) "Department" means the department of natural resources and conservation provided for in Title 2, chapter 15, part 33.
(2) "Operation" means the performance of weather modification and control activities entered into for the purpose of producing or attempting to produce a certain modifying effect within one geographical area over one continuing time interval, not exceeding 1 year.
(3) "Research and development" means theoretical analysis, exploration, and experimentation and the extension of investigative findings and theories of a scientific and technical nature into practical application for experimental and demonstration purposes, including the experimental production and testing of models, devices, equipment, materials, and processes.
(4) "Weather modification and control" means changing or controlling or attempting to change or control, by artificial methods, the natural development of atmospheric cloud forms or precipitation forms that occur in the troposphere.
History: (1), (2), (4), (5)En. Sec. 1, Ch. 20, L. 1967; amd. Sec. 1, Ch. 368, L. 1973; amd. Sec. 140, Ch. 253, L. 1974; Sec. 89-310, R.C.M. 1947; (3)En. Sec. 10, Ch. 20, L. 1967; amd. Sec. 5, Ch. 460, L. 1977; Sec. 89-319, R.C.M. 1947; R.C.M. 1947, 89-310, 89-319(2); amd. Sec. 468, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 3. Atmospheric Water Weather Modification › Part 1. General Provisions › 85-3-102. Standards for research in weather modification control

85-3-102. Standards for research in weather modification control.
The department may establish by rule standards and instructions to govern the carrying out of research and development or projects in weather modification and control as it considers necessary or desirable to minimize danger to health, safety, welfare, or property.
History: En. Sec. 3, Ch. 368, L. 1973; amd. Sec. 141, Ch. 253, L. 1974; R.C.M. 1947, 89-312.1; amd. Sec. 469, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 3. Atmospheric Water Weather Modification › Part 1. General Provisions › 85-3-103. Department powers

85-3-103. Department powers.
In addition to any other acts authorized by law, the department may:
(1) acquire materials, equipment, and facilities as are necessary to perform its duties under this chapter;
(2) receive any funds which may be offered or become available from federal grants or appropriations, private gifts, donations, bequests, or any other source and unless their use is restricted, expend the funds for the administration of this chapter;
(3) make such studies and investigations and obtain such information as the department may deem necessary in exercising its authority in the administration or enforcement of this chapter;
(4) cooperate with public or private agencies in the performance of the department's functions or duties and in furtherance of the purposes of this chapter;
(5) represent the state in any and all matters pertaining to plans, procedures, or negotiations for interstate compacts relating to weather modification and control;
(6) enter into cooperative agreements with the United States government or any of its agencies, with the various counties and cities of this state, or with any private or public agencies for conducting weather modification or cloud seeding operations;
(7) act for and represent the state and the counties, cities, and private or public agencies in contracting with private concerns for the performance of weather modifications or cloud seeding operations; and
(8) conduct and make arrangements, including contracts and agreements, for the conduct of research and development activities relating to:
(a) the identification and evaluation of meteorological, environmental, ecological, agricultural, economic, hydrological, and sociological impacts of weather modification in Montana;
(b) the theory and development of methods of weather modification and control, including processes, materials, and devices relating thereto;
(c) the utilization of weather modification and control for agricultural, industrial, commercial, recreational, and other purposes;
(d) the protection of life and property during research and operational activities.
History: En. Sec. 3, Ch. 20, L. 1967; amd. Sec. 2, Ch. 368, L. 1973; R.C.M. 1947, 89-312.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 3. Atmospheric Water Weather Modification › Part 1. General Provisions › 85-3-104. Nonliability of state and agents for acts of private persons

85-3-104. Nonliability of state and agents for acts of private persons.
This chapter may not be construed to impose or accept any liability or responsibility on the part of the state, the department, or any state officials or employees for any weather modification and control activities of any private person or group.
History: En. Sec. 21, Ch. 20, L. 1967; amd. Sec. 152, Ch. 253, L. 1974; R.C.M. 1947, 89-330; amd. Sec. 470, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 3. Atmospheric Water Weather Modification › Part 1. General Provisions › 85-3-105. Violation as misdemeanor and continuing violations

85-3-105. Violation as misdemeanor and continuing violations.
A person violating any provision of this chapter is guilty of a misdemeanor, and a continuing violation is punishable as a separate offense for each day during which it occurs.
History: En. Sec. 22, Ch. 20, L. 1967; R.C.M. 1947, 89-331.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 3. Atmospheric Water Weather Modification › Part 2. Licenses and Permits › 85-3-201. License and permit required for weather modification and control

85-3-201. License and permit required for weather modification and control.
A person may not engage in activities for weather modification and control except under and in accordance with a license and a permit issued by the department authorizing the activities.
History: En. Sec. 4, Ch. 20, L. 1967; R.C.M. 1947, 89-313; amd. Sec. 471, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 3. Atmospheric Water Weather Modification › Part 2. Licenses and Permits › 85-3-202. Department to review applications

85-3-202. Department to review applications.
(1) The department shall review all applications for weather modification activities. The department shall prepare a report and an environmental impact statement pursuant to Title 75, chapter 1, part 2. The report must contain information relative to all of the criteria applicable to issuance of a permit in 85-3-206. Prior to preparing the report, the department shall conduct at least one public meeting in the area affected by the proposed weather modification activity. The department's actual costs of conducting the public meeting, preparing the report, and preparing the environmental impact statement must be paid by the applicant.
(2) The department may provide by rule for exempting from the license and permit requirements of this chapter:
(a) research, development, and experiments by state and federal agencies, institutions of higher learning, and bona fide nonprofit research organizations and their agents;
(b) laboratory research and experiments;
(c) activities of an emergency character for protection against fire, frost, sleet, or fog; and
(d) activities normally engaged in for purposes other than those of inducing, increasing, decreasing, or preventing precipitation or hail.
History: En. Sec. 5, Ch. 20, L. 1967; amd. Sec. 4, Ch. 368, L. 1973; amd. Sec. 142, Ch. 253, L. 1974; R.C.M. 1947, 89-314; amd. Sec. 1, Ch. 611, L. 1993; amd. Sec. 472, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 3. Atmospheric Water Weather Modification › Part 2. Licenses and Permits › 85-3-203. Licenses -- qualifications of licensees

85-3-203. Licenses -- qualifications of licensees.
The license to engage in activities for weather modification and control must be issued, in accordance with procedures and subject to conditions the department may by rule establish to effectuate the provisions of this chapter, to applicants who demonstrate competence in the field of meteorology to the satisfaction of the department. If the applicant is an organization, these requirements must be met by the individual who will be in charge of the operation for the applicant.
History: En. Sec. 6, Ch. 20, L. 1967; R.C.M. 1947, 89-315; amd. Sec. 473, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 3. Atmospheric Water Weather Modification › Part 2. Licenses and Permits › 85-3-204. Licenses -- term and renewal

85-3-204. Licenses -- term and renewal.
The license shall be issued for a period to expire at the end of the calendar year in which it is issued and, if the licensee possesses the qualifications necessary for the issuance of a new license, shall upon application be renewed at the expiration of the period.
History: En. Sec. 7, Ch. 20, L. 1967; R.C.M. 1947, 89-316.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 3. Atmospheric Water Weather Modification › Part 2. Licenses and Permits › 85-3-205. License or renewal fee

85-3-205. License or renewal fee.
A license shall be issued or renewed only upon the payment to the department of $100 for the license or renewal.
History: En. Sec. 8, Ch. 20, L. 1967; amd. Sec. 143, Ch. 253, L. 1974; R.C.M. 1947, 89-317.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 3. Atmospheric Water Weather Modification › Part 2. Licenses and Permits › 85-3-206. Permits -- requirements and hearing

85-3-206. Permits -- requirements and hearing.
(1) The permits must be issued in accordance with procedures and subject to conditions that the department may by rule establish to effectuate this chapter.
(2) Within 30 days after completion of the report required under 85-3-202, the department shall hold a hearing under Title 2, chapter 4, part 6, to determine whether to grant, conditionally grant, or deny the application for a permit. The department may not grant or conditionally grant an application unless all requirements of this section are satisfied and the applicant establishes by a preponderance of the evidence that the following criteria have been met:
(a) the applicant is licensed pursuant to this chapter;
(b) sufficient notice of intention has been published;
(c) an applicant has furnished proof of financial responsibility in an amount to be determined by the department as required in 85-3-211;
(d) the fee for the permit has been paid as required in 85-3-212 and the department's costs incurred under 85-3-202 have been paid;
(e) the weather modification and control activities to be conducted have been determined by the department to be for the general welfare and the public good. That determination must be based on a finding of whether the operation:
(i) is reasonably conceived to improve water quantity or quality, reduce loss from weather hazards, provide economic benefits for the people of Montana, or advance scientific knowledge;
(ii) is designed to include adequate safeguards to minimize or avoid possible damage to the public health, safety, and welfare and to the environment; and
(iii) will adversely affect another operation for which a permit has been issued.
(3) The department may determine not to hold a public hearing only if after giving notice of a hearing, no person files a notice of intent to appear at the hearing to contest the issuance of a permit. If a hearing is not held, the department may grant or conditionally grant a permit based on the information contained in the application and the department's report.
(4) Costs incurred by the department in holding a hearing under subsection (2) must be paid by the applicant.
History: En. Sec. 9, Ch. 20, L. 1967; amd. Sec. 1, Ch. 214, L. 1973; amd. Sec. 5, Ch. 368, L. 1973; amd. Sec. 144, Ch. 253, L. 1974; amd. Sec. 1, Ch. 46, L. 1977; R.C.M. 1947, 89-318; amd. Sec. 2, Ch. 611, L. 1993; amd. Sec. 474, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 3. Atmospheric Water Weather Modification › Part 2. Licenses and Permits › 85-3-207. Separate permit for each operation

85-3-207. Separate permit for each operation.
(1) Separate permits must be issued for each operation.
(2) If a permit is issued, the holder of the permit shall confine activities to the time and area limits set forth in the notice of intention, unless modified by the department. The permittee's activities must conform to any conditions imposed by the department. The permit may not be sold or transferred.
History: (1)En. Sec. 10, Ch. 20, L. 1967; amd. Sec. 5, Ch. 460, L. 1977; Sec. 89-319, R.C.M. 1947; (2)En. Sec. 11, Ch. 20, L. 1967; amd. Sec. 145, Ch. 253, L. 1974; amd. Sec. 2, Ch. 46, L. 1977; Sec. 89-320, R.C.M. 1947; R.C.M. 1947, 89-319(1), 89-320(part); amd. Sec. 475, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 3. Atmospheric Water Weather Modification › Part 2. Licenses and Permits › 85-3-208. Notice of intention to apply for permit

85-3-208. Notice of intention to apply for permit.
Before undertaking any weather modification and control activities, the applicant for a permit shall file with the department a notice of intention.
History: En. Sec. 11, Ch. 20, L. 1967; amd. Sec. 145, Ch. 253, L. 1974; amd. Sec. 2, Ch. 46, L. 1977; R.C.M. 1947, 89-320(part).
2023 Montana Code Annotated › Title 85. Water Use › Chapter 3. Atmospheric Water Weather Modification › Part 2. Licenses and Permits › 85-3-209. Notice of intention -- contents

85-3-209. Notice of intention -- contents.
The notice of intention shall set forth at least the following:
(1) the name and address of the applicant;
(2) the nature, purpose, and objective of the intended operation and the person or organization on whose behalf it is to be conducted;
(3) the area in which and the approximate time during which the operation will be conducted;
(4) the area which is intended to be affected by the operation;
(5) the materials and methods to be used in conducting the operation.
History: En. Sec. 12, Ch. 20, L. 1967; R.C.M. 1947, 89-321.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 3. Atmospheric Water Weather Modification › Part 2. Licenses and Permits › 85-3-210. Publication of notice of intention

85-3-210. Publication of notice of intention.
(1) The department shall have the notice of intention, or that portion thereof including the items specified in 85-3-209, published at least once a week for 2 consecutive weeks in a newspaper having a general circulation and published within any county in which the operation is to be conducted and in which the affected area is located, or if the operation is to be conducted in more than one county or if the affected area is located in more than one county or is located in a county other than the one in which the operation is to be conducted, then in newspapers having a general circulation and published within each of the counties.
(2) The applicant shall reimburse the department for the costs of publication of the notice of intention.
History: En. Sec. 12, Ch. 20, L. 1967; amd. Sec. 146, Ch. 253, L. 1974; amd. Sec. 3, Ch. 46, L. 1977; R.C.M. 1947, 89-322.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 3. Atmospheric Water Weather Modification › Part 2. Licenses and Permits › 85-3-211. Proof of financial responsibility by applicant

85-3-211. Proof of financial responsibility by applicant.
Proof of financial responsibility may be furnished by an applicant by showing, to the satisfaction of the department, the applicant's ability to respond in damages for liability that might reasonably be attached to or result from the applicant's weather modification and control activities.
History: En. Sec. 14, Ch. 20, L. 1967; R.C.M. 1947, 89-323; amd. Sec. 300, Ch. 42, L. 1997.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 3. Atmospheric Water Weather Modification › Part 2. Licenses and Permits › 85-3-212. Permit fee

85-3-212. Permit fee.
The fee to be paid by each applicant for a permit must be equivalent to 1% of the estimated cost of the operation, the estimated cost to be computed by the department from the evidence available to it. The fee is due and payable to the department as of the date of issuance of the permit. However, if the applicant is able to give satisfactory security for the payment of the balance, the applicant may be permitted to commence the operation and a permit may be issued upon the payment of not less than 50% of the fee. The balance due must be paid within 3 months from the date of termination of the operation as prescribed in the permit.
History: En. Sec. 15, Ch. 20, L. 1967; amd. Sec. 1, Ch. 151, L. 1969; amd. Sec. 147, Ch. 253, L. 1974; R.C.M. 1947, 89-324; amd. Sec. 476, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 3. Atmospheric Water Weather Modification › Part 2. Licenses and Permits › 85-3-213. State special revenue fund

85-3-213. State special revenue fund.
All license and permit fees and fines collected under this chapter, other than those collected in a justice's court, shall be deposited in the state special revenue fund for use by the department in the administration of this chapter or as appropriated by the legislature.
History: En. Sec. 16, Ch. 20, L. 1967; amd. Sec. 1, Ch. 151, L. 1969; amd. Sec. 148, Ch. 253, L. 1974; amd. Sec. 1, Ch. 147, L. 1975; R.C.M. 1947, 89-325; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 60, Ch. 557, L. 1987; amd. Sec. 6, Ch. 630, L. 1991.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 3. Atmospheric Water Weather Modification › Part 2. Licenses and Permits › 85-3-214. Termination of licenses and permits

85-3-214. Termination of licenses and permits.
After notice to the licensee and a reasonable opportunity for a hearing, the department may modify, suspend, revoke, or refuse to renew any license or permit issued if it appears that the licensee no longer possesses the qualifications necessary, if it appears that the licensee has violated any of the provisions of this chapter, or, in the case of a modification, if it appears that it is necessary for the protection of the health or the property of any person.
History: En. Sec. 20, Ch. 20, L. 1967; R.C.M. 1947, 89-329; amd. Sec. 477, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 3. Atmospheric Water Weather Modification › Part 3. Records › 85-3-301. Records of operations maintained by licensees

85-3-301. Records of operations maintained by licensees.
A licensee shall keep and maintain a record of all operations conducted by the licensee under the license and each permit, showing:
(1) the method employed;
(2) type of equipment used;
(3) kinds and amounts of material used;
(4) times and places of operation of the equipment;
(5) names and addresses of all individuals participating or assisting in the operation;
(6) any other general information that the department may require.
History: En. Sec. 17, Ch. 20, L. 1967; amd. Sec. 149, Ch. 253, L. 1974; R.C.M. 1947, 89-326; amd. Sec. 2767, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 3. Atmospheric Water Weather Modification › Part 3. Records › 85-3-302. Reports of operations

85-3-302. Reports of operations.
The department shall require written reports, in a manner as it provides, of each operation for which a permit is issued. The department shall also require reports from any organization that is exempt from license and permit requirements as provided in 85-3-202.
History: En. Sec. 18, Ch. 20, L. 1967; amd. Sec. 150, Ch. 253, L. 1974; R.C.M. 1947, 89-327.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 3. Atmospheric Water Weather Modification › Part 3. Records › 85-3-303. Records and reports open to public

85-3-303. Records and reports open to public.
The records and reports in the custody of the department shall be open for public examination.
History: En. Sec. 19, Ch. 20, L. 1967; amd. Sec. 151, Ch. 253, L. 1974; R.C.M. 1947, 89-328.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 3. Atmospheric Water Weather Modification › Part 4. County Weather Modification Authorities › 85-3-401. Definitions

85-3-401. Definitions.
As used in this part, the following definitions apply:
(1) "Authority" means a county weather modification authority established pursuant to 85-3-411 or 85-3-413 through 85-3-415.
(2) "Commissioner" means a county weather modification authority commissioner appointed pursuant to 85-3-411 or 85-3-413 through 85-3-415.
History: En. Sec. 1, Ch. 609, L. 1983.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 3. Atmospheric Water Weather Modification › Part 4. County Weather Modification Authorities › 85-3-412. Petition content

85-3-412. Petition content.
(1) The petition for the creation of a weather modification authority and for appointment of commissioners must contain:
(a) a title with the heading "Petition for Creation of (insert name of county) Weather Modification Authority";
(b) the following paragraph: We, the undersigned qualified electors of (name of county), state of Montana, request that the (name of county) board of county commissioners create by resolution a (name of county) weather modification authority and appoint the following five qualified electors of the county to 5-year terms of office as commissioners for the (name of county) weather modification authority:
(Here insert the name and address of each proposed commissioner for the (name of county) weather modification authority.)
(c) the following paragraph: We, the undersigned qualified electors of the (name of county), state of Montana, are notified that the creation of the (name of county) weather modification authority and the appointment of its commissioners by the (name of county) board of county commissioners will grant the authority the power to certify to the board of county commissioners a mill levy tax upon the taxable value of all taxable property in the county for a weather modification fund. The tax is subject to 15-10-420. The weather modification fund must be used for weather modification activities as provided by 85-3-424. We, the undersigned, understand that the authority requested in this petition expires 5 years after the creation of the weather modification authority, except that the board of county commissioners may by resolution create a weather modification authority and all its powers, including the power to certify a tax levy as provided in 85-3-422, for one or more 5-year periods in accordance with 85-3-414.
(d) a heading, "Committee for Petitioners", followed by this statement: The following electors of (name of county), state of Montana, are authorized to represent and act for us and shall constitute the "Committee for the Petitioners" in the matter of this petition and all acts subsequent to this petition.
(2) All signatures to the petition must be numbered and dated by month, day, and year. The name must be written, with residence address and post-office address, including the county of residence.
(3) An affidavit must be attached to each petition and sworn to under oath before a notary public by the person circulating each petition, attesting to the fact that the person circulated the petition and that each of the signatures to the petition is the genuine signature of the person whose name it purports to be and that each person is a qualified elector in the county in which the petition was circulated.
History: En. Sec. 3, Ch. 609, L. 1983; amd. Sec. 240, Ch. 574, L. 2001.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 3. Atmospheric Water Weather Modification › Part 4. County Weather Modification Authorities › 85-3-413. Creation of authority by election

85-3-413. Creation of authority by election.
When a petition signed by not less than 20% of the qualified electors of the county, as determined by the vote cast for the office of governor at the last preceding gubernatorial election, requesting an election upon the establishment of a weather modification authority is presented to the board of county commissioners not later than 90 days prior to the next general election, the board of county commissioners shall submit the question to the electors of the county at the next general election. Upon approval by a majority of the votes cast, the board of county commissioners shall by resolution establish an authority as described in 85-3-411 with all powers set out in this part, including the power to certify a tax levy as provided by 85-3-422.
History: En. Sec. 8, Ch. 609, L. 1983.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 3. Atmospheric Water Weather Modification › Part 4. County Weather Modification Authorities › 85-3-414. Creation of authority by resolution

85-3-414. Creation of authority by resolution.
(1) When an authority is about to expire, the board of county commissioners may by resolution authorize the creation of such weather modification authority and all its powers, including the power to certify a tax levy as provided by 85-3-422, for an additional 5-year period if the resolution authorizing the creation of such authority is adopted by the board of county commissioners before the date prescribed in the preceding resolution for its termination. Upon passing such resolution for the creation of the authority, the board of county commissioners shall appoint five commissioners to 5-year terms of office, subsequently filling vacancies in the manner prescribed by 85-3-411.
(2) The board may create the authority for subsequent 5-year periods by following the procedure provided in this section.
History: En. Sec. 6, Ch. 609, L. 1983.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 3. Atmospheric Water Weather Modification › Part 4. County Weather Modification Authorities › 85-3-415. Creation of authority by vote after resolution of county commissioners

85-3-415. Creation of authority by vote after resolution of county commissioners.
The board of county commissioners of any county may, by resolution after a public hearing, submit the question of the creation of a weather modification authority to the electors of the county at the next countywide election. Upon approval by a majority of the votes cast, the board of county commissioners shall pass a resolution creating an authority as described in 85-3-411. Such an authority has all powers provided by this chapter, including the authority to levy a tax as provided by 85-3-422.
History: En. Sec. 10, Ch. 609, L. 1983.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 3. Atmospheric Water Weather Modification › Part 4. County Weather Modification Authorities › 85-3-416. Abolishment of authority by election

85-3-416. Abolishment of authority by election.
When a petition signed by not less than 20% of the qualified electors of the county, as determined by the vote cast for governor in the last preceding gubernatorial election, requesting an election upon the abolishment of an authority created pursuant to 85-3-413 or 85-3-414 is presented to the board of county commissioners not later than 90 days prior to the next general election, the board of county commissioners shall submit the question to the electors of the county at the next general election. Upon approval by a majority of the votes cast, the board of county commissioners shall abolish the authority as of December 31 following the election. All unexpended funds remaining in the name of the authority after all proper bills and expenses have been paid must be deposited in the general fund of the county.
History: En. Sec. 9, Ch. 609, L. 1983.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 3. Atmospheric Water Weather Modification › Part 4. County Weather Modification Authorities › 85-3-417. Procedure for abolishment of authority by recall petition -- petition form -- disposition of funds

85-3-417. Procedure for abolishment of authority by recall petition -- petition form -- disposition of funds.
(1) After 51% of the qualified electors of a county, as determined by the vote cast for the office of governor at the last preceding gubernatorial election, petition the board of county commissioners of their county to recall the commissioners of an authority created pursuant to 85-3-411 and to abolish the authority, the board of county commissioners shall adopt a resolution recalling all commissioners of such authority and abolishing their offices and the authority until a weather modification authority is created by petition in accordance with 85-3-411.
(2) A recall petition must have a title with the heading "Recall Petition for the Abolishment of (insert name of county) Weather Modification Authority". The recall petition must incorporate a paragraph stating its purpose in clear language and must comply with all requirements prescribed in subsections (1)(d), (2), and (3) of 85-3-412 relating to petition content, committee for petitioners, petition details, affidavits, and persons circulating such petitions.
(3) If the board of county commissioners adopts a resolution recalling all commissioners of a weather modification authority and abolishing the authority, all unexpended funds remaining in the name of the authority, after all proper bills and expenses have been paid, must be transferred to the county general fund by the weather modification authority commissioners on the effective date of the resolution. If outstanding valid bills are unpaid after that date, the board of county commissioners may pay such obligations from money in the county general fund.
History: En. Sec. 7, Ch. 609, L. 1983.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 3. Atmospheric Water Weather Modification › Part 4. County Weather Modification Authorities › 85-3-421. Commissioners -- compensation -- meetings -- officers -- disbursements

85-3-421. Commissioners -- compensation -- meetings -- officers -- disbursements.
(1) A commissioner may not receive compensation for the commissioner's services. Certificates of appointment must be filed with the county clerk and recorder.
(2) The powers of each authority are vested in its commissioners. A majority of the commissioners constitutes a quorum for the purpose of conducting the business of the authority, but action may not be taken by the authority except by an affirmative vote of not less than a majority of all the commissioners. A presiding officer, vice presiding officer, secretary, and treasurer must be elected from among the commissioners. An authority may delegate to one or more of its commissioners powers or duties that it considers proper.
(3) The secretary shall keep minutes of official meetings and shall include all official business, such as operations requested, and all authorizations for payment of weather modification authority funds.
(4) Disbursements authorized by the authority must be made by check signed by the presiding officer and the treasurer of the authority. Official policies must be entered into the minutes. An annual report must disclose funds received and expended, and a copy of the report must be filed with the county clerk and recorder. The annual report must be presented at a public meeting called for that purpose.
History: En. Sec. 4, Ch. 609, L. 1983; amd. Sec. 2769, Ch. 56, L. 2009.