reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 2. Adjudication of Water Rights › 85-2-217. Suspension of adjudication

85-2-217. Suspension of adjudication.
While negotiations for the conclusion of a compact under part 7 are being pursued, all proceedings to generally adjudicate reserved Indian water rights and federal reserved water rights of those tribes and federal agencies that are negotiating are suspended. The obligation to file water rights claims for those federal non-Indian and Indian reserved rights is also suspended. This suspension is effective until July 1, 2013, as long as negotiations are continuing or ratification of a completed compact is being sought. If approval by the state legislature and tribes or federal agencies has not been accomplished by July 1, 2013, the suspension must terminate on that date. Upon termination of the suspension of this part, the tribes and the federal agencies are subject to the special filing requirements of 85-2-702(3) and all other requirements of the state water adjudication system provided for in Title 85, chapter 2. Those tribes and federal agencies that choose not to negotiate their federal non-Indian and Indian reserved water rights are subject to the full operation of the state adjudication system and may not benefit from the suspension provisions of this section.
History: En. Sec. 27, Ch. 697, L. 1979; amd. Sec. 4, Ch. 268, L. 1981; amd. Sec. 1, Ch. 667, L. 1985; amd. Sec. 1, Ch. 358, L. 1987; amd. Sec. 2, Ch. 784, L. 1991; amd. Sec. 1, Ch. 44, L. 1997; amd. Sec. 3, Ch. 497, L. 1997; amd. Sec. 1, Ch. 103, L. 2003; amd. Sec. 1, Ch. 5, L. 2009.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 2. Adjudication of Water Rights › 85-2-218. Process and criteria for designating priority basins or subbasins

85-2-218. Process and criteria for designating priority basins or subbasins.
(1) The water judges and the department, in performing their functions in the adjudication process, shall give priority to basins or subbasins designated each biennium by the legislature. Basins or subbasins must be designated according to the following criteria:
(a) recurring water shortages within the basin or subbasin have resulted in urgent water rights controversies that require adjudication to determine relative rights;
(b) federal or Indian reserved rights are nearing determination, either by compact or adjudication, thus making adjudication of other rights in the basin or subbasin important for timely issuance of preliminary or final decrees;
(c) the basin or subbasin's location would help ensure efficient use of department and water court resources; and
(d) the adjudication process in the basin or subbasin is nearing the issuance of a decree.
(2) The water judge may designate a basin for priority adjudication upon petition of 100 or more persons who have filed claims within the basin or may designate a subbasin for priority adjudication upon petition of a majority of persons who have filed claims within the subbasin. However, the basin or subbasin may receive priority only if it meets one or more of the criteria in subsection (1).
(3) If adjudication work in one or more of the priority basins or subbasins has been completed or has been suspended for good cause, the water judge may select other basins or subbasins for priority adjudication based on the criteria in subsection (1).
History: En. Sec. 10, Ch. 651, L. 1987; amd. Sec. 2758, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 2. Adjudication of Water Rights › 85-2-222. Definition -- filing process -- notice

85-2-222. Definition -- filing process -- notice.
(1) As used in this section, "exempt right" means those claims for existing rights for livestock and individual uses as opposed to municipal domestic uses based upon instream flow or ground water sources and claims for rights in the Powder River basin included in a declaration filed pursuant to the order of the department or a district court issued under sections 8 and 9 of Chapter 452, Laws of 1973, or under sections 3 and 4 of Chapter 485, Laws of 1975. An exempt right is exempt from the filing requirements of 85-2-221(1).
(2) A person claiming an exempt right:
(a) may file with the department no later than June 30, 2019, a statement of claim for each water right asserted;
(b) shall submit information required by 85-2-224(1) and (2) on a form provided by the department; and
(c) shall pay the fees pursuant to 85-2-225.
(3) A claim of an exempt right constitutes prima facie proof of its content.
(4) The provisions of 85-2-233, 85-2-243, and 85-2-248, as well as supreme court examination rules, apply to any statement of claim of an exempt right filed under this section.
(5) Failure to file a claim for an exempt right under this section:
(a) does not result in the forfeiture of an existing water right; and
(b) subordinates the existing right to all other water rights except those exempt rights for which a claim has not been filed.
(6) Notice of the filing deadline provided in subsection (2) must be published by the department once a week for 2 consecutive weeks in a daily newspaper of general county circulation. The notice must be clearly posted in each county courthouse. The department shall send to the last-known address of each unique property owner a written notice of the filing deadline and a claim form at least once by July 1, 2017.
(7) The department may not accept any statements of claim submitted or postmarked after June 30, 2019. The department shall notify a person who files a claim after June 30, 2019, that the person's claim will not be accepted.
(8) All fees collected under this section must be deposited in the account established under 85-2-280.
History: En. Sec. 11, Ch. 697, L. 1979; amd. Sec. 1, Ch. 323, L. 2013; amd. Sec. 3, Ch. 338, L. 2017.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 2. Adjudication of Water Rights › 85-2-223. Public recreational uses

85-2-223. Public recreational uses.
The department of fish, wildlife, and parks shall exclusively represent the public for purposes of establishing any prior and existing public recreational use in existing right determinations under this part, provided that the foregoing shall not exclude a federal governmental entity from representing the public for the purpose of establishing any prior and existing public recreational use in existing right determinations under this part. The foregoing shall not be construed in any manner as a legislative determination of whether or not a recreational use sought to be established prior to July 1, 1973, is or was a beneficial use.
History: En. Sec. 12, Ch. 697, L. 1979.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 2. Adjudication of Water Rights › 85-2-224. Statement of claim

85-2-224. Statement of claim.
(1) The statement of claim for each right arising under the laws of the state and for each right reserved under the laws of the United States that has been actually put to use must include substantially the following:
(a) the name and mailing address of the claimant;
(b) the name of the watercourse or water source from which the right to divert or make use of water is claimed, if available;
(c) the quantities of water and times of use claimed;
(d) the legal description, with reasonable certainty, of the point or points of diversion and places of use of waters;
(e) the purpose of use, including, if for irrigation, the number of acres irrigated;
(f) the approximate dates of first putting water to beneficial use for the various amounts and times claimed in subsection (1)(c); and
(g) the sworn statement that the claim set forth is true and correct to the best of claimant's knowledge and belief.
(2) A claimant filing a statement of claim under subsection (1) shall submit maps, plats, aerial photographs, decrees, pertinent portions of those documents, or other evidence in support of the claim. All maps, plats, or aerial photographs should show as nearly as possible to scale the point of diversion, place of use, place of storage, and other pertinent conveyance facilities.
(3) Any statement of claim for rights reserved under the laws of the United States that have not yet been put to use must include substantially the following:
(a) the name and mailing address of the claimant;
(b) the name of the watercourse or water source from which the right to divert or make use of water is claimed, if available;
(c) the quantities of water claimed;
(d) the priority date claimed;
(e) the laws of the United States on which the claim is based; and
(f) the sworn statement that the claim set forth is true and correct to the best of the claimant's knowledge and belief.
History: En. Sec. 13, Ch. 697, L. 1979; amd. Sec. 2, Ch. 667, L. 1985; amd. Sec. 2759, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 2. Adjudication of Water Rights › 85-2-225. Filing fee -- processing fee for remitted claims

85-2-225. Filing fee -- processing fee for remitted claims.
(1) Each claim filed under 85-2-221 must be accompanied by a filing fee in the amount of $40, subject to the following exceptions:
(a) the total filing fees for all claims filed by one person in any one water court division may not exceed $480; and
(b) a filing fee is not required to accompany a claim of an existing right that is included in a decree of a court in the state of Montana and that is accompanied by a copy of that decree or pertinent portion of the decree.
(2) A claim that is exempt from the filing requirements of 85-2-221(1) but that is voluntarily filed must be accompanied by a filing fee in the amount of $40. Exempt claims for a single development with several uses if filed simultaneously may be accompanied by a filing fee in the amount of $40.
(3) (a) In addition to the filing fee set forth in subsection (1), each statement of claim filed under 85-2-221(3) must be accompanied by a processing fee in the amount of $150, which must be deposited in the general fund.
(b) The water judge shall assess against the late claimant all reasonable administrative costs and expenses that may be incurred by the court due to the filing of the late claim and the consideration of the objection, and the assessment must be deposited in the general fund.
(4) Each claim filed under 85-2-222 must be accompanied by a filing fee in the amount of $130, except that:
(a) the total filing fees for all claims under 85-2-222 filed by one person in any one water court division may not exceed $1,560; and
(b) a filing fee is not required to accompany a claim of an existing right that is included in a decree of a court in the state of Montana and that is accompanied by a copy of that decree or pertinent portion of the decree.
History: En. Sec. 18, Ch. 697, L. 1979; amd. Sec. 1, Ch. 253, L. 1981; amd. Sec. 5, Ch. 268, L. 1981; amd. Sec. 5, Ch. 629, L. 1993; amd. Sec. 28, Ch. 389, L. 1999; amd. Sec. 70, Ch. 44, L. 2007; amd. Sec. 4, Ch. 338, L. 2017.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 2. Adjudication of Water Rights › 85-2-226. Abandonment by failure to file claim

85-2-226. Abandonment by failure to file claim.
The failure to file a claim of an existing right as required by 85-2-221(1) establishes a conclusive presumption of abandonment of that right.
History: En. Sec. 14, Ch. 697, L. 1979; amd. Sec. 6, Ch. 629, L. 1993.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 2. Adjudication of Water Rights › 85-2-227. Claim to constitute prima facie evidence -- relevant evidence -- abandonment -- criteria for presumption of municipal nonabandonment

85-2-227. Claim to constitute prima facie evidence -- relevant evidence -- abandonment -- criteria for presumption of municipal nonabandonment.
(1) For purposes of adjudicating rights pursuant to this part, a claim of an existing right filed in accordance with 85-2-221 or an amended claim of existing right constitutes prima facie proof of its content until the issuance of a final decree. For purposes of administering water rights, the provisions of a temporary preliminary decree or a preliminary decree, as modified after objections and hearings, supersede a claim of existing right until a final decree is issued.
(2) A water judge may consider all relevant evidence in the determination and interpretation of existing water rights. Relevant evidence under this part may include admissible evidence arising before or after July 1, 1973.
(3) Subject to the provisions of subsection (4), a water judge may determine all or part of an existing water right to be abandoned based on a consideration of all admissible evidence that is relevant, including, without limitation, evidence relating to acts or intent occurring in whole or in part after July 1, 1973.
(4) In a determination of abandonment made under subsection (3), the legislature finds that a water right that is claimed for municipal use by a city, town, or other public or private entity that operates a public water supply system, as defined in 75-6-102, is presumed to not be abandoned if the city, town, or other private or public entity has used any part of the water right or municipal water supply and there is admissible evidence that the city, town, or other public or private entity also has:
(a) obtained a filtration waiver under the federal Safe Drinking Water Act, 42 U.S.C. 300(f), et seq.;
(b) acquired, constructed, or regularly maintained diversion or conveyance structures for the future municipal use of the water right;
(c) conducted a formal study, prepared by a registered professional engineer or qualified consulting firm, that includes a specific assessment that using the water right for municipal supply is feasible and that the amount of the water right is reasonable for foreseeable future needs; or
(d) maintained facilities connected to the municipal water supply system to apply the water right to:
(i) an emergency municipal water supply;
(ii) a supplemental municipal water supply; or
(iii) any other use approved by the department under Title 85, chapter 2, part 4.
History: En. Sec. 15, Ch. 697, L. 1979; amd. Sec. 5, Ch. 604, L. 1989; amd. Sec. 2, Ch. 174, L. 1997; amd. Sec. 1, Ch. 213, L. 1999; amd. Sec. 1, Ch. 17, L. 2005.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 2. Adjudication of Water Rights › 85-2-228. Federal reserved water rights with priority date of July 1, 1973, or later -- process and adjudication -- purpose

85-2-228. Federal reserved water rights with priority date of July 1, 1973, or later -- process and adjudication -- purpose.
(1) The purpose of this section is to ensure that a federal reserved water right with a priority date of July 1, 1973, or later is subject to the same process and adjudication as a federal reserved water right with a priority date before July 1, 1973.
(2) Under authority granted to the states by 43 U.S.C. 666, a federal reserved water right that has a priority date of July 1, 1973, or later and that is asserted by a federal agency is subject to the claim filing requirements and all other applicable requirements of the state water adjudication system provided for in Title 85, chapter 2, parts 2 and 7.
(3) At the request of a federal agency, the reserved water rights compact commission may negotiate to conclude a compact under Title 85, chapter 2, part 7, for a federal reserved water right with a priority date of July 1, 1973, or later.
(4) Whenever necessary, a water judge may reopen any decree issued pursuant to Title 85, chapter 2, to process the asserted or negotiated federal reserved water right.
History: (1)En. Sec. 1, Ch. 343, L. 1991; (2) through (4)En. Sec. 2, Ch. 343, L. 1991; amd. Sec. 4, Ch. 497, L. 1997.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 2. Adjudication of Water Rights › 85-2-235. Appeals

85-2-235. Appeals.
(1) A person whose existing rights and priorities are determined in a final decree may appeal the determination only if:
(a) the person requested a hearing and appeared and entered objections to the temporary preliminary decree or the preliminary decree;
(b) the person's rights or priorities as determined in the temporary preliminary decree or the preliminary decree were affected as the result of an objection filed by another person;
(c) the person requested a hearing and appeared before the water court to finally resolve an issue remark, as defined in 85-2-250; or
(d) the person is a claimant appealing an adverse decision when the water court issued the decision as the result of an evidentiary hearing or as the result of calling the claim in on the court's own motion.
(2) The attorney general may appeal a determination made in a final decree if the attorney general participated as an intervenor as provided in 85-2-248.
(3) An interlocutory ruling by the water judge upon a question of law may be appealed by any party who is affected by the decision and who participated in the matter in which the ruling was issued.
History: En. Sec. 25, Ch. 697, L. 1979; amd. Sec. 4, Ch. 605, L. 1989; amd. Sec. 3, Ch. 421, L. 1995; amd. Sec. 8, Ch. 526, L. 2005.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 2. Adjudication of Water Rights › 85-2-236. Certificate of water right

85-2-236. Certificate of water right.
When a final decree is entered, the water judge shall send a copy to the department. Except as provided in 85-2-306, the department shall on the basis of the final decree issue a certificate of water right to each person decreed an existing right. The original of the certificate shall be sent to the person to whom the right is decreed. The department shall keep a copy of the certificate in its office in Helena.
History: En. Sec. 26, Ch. 697, L. 1979; amd. Sec. 5, Ch. 448, L. 1983; amd. Sec. 1, Ch. 535, L. 1987; amd. Sec. 3, Ch. 805, L. 1991.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 2. Adjudication of Water Rights › 85-2-241. Repealed

85-2-241. Repealed.
Sec. 38, Ch. 389, L. 1999.
History: En. Sec. 18, Ch. 697, L. 1979; amd. Sec. 1, Ch. 277, L. 1983.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 2. Adjudication of Water Rights › 85-2-242. Repealed

85-2-242. Repealed.
Sec. 12, Ch. 651, L. 1987.
History: En. Sec. 19, Ch. 697, L. 1979; amd. Sec. 1, Ch. 277, L. 1983.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 2. Adjudication of Water Rights › 85-2-243. Department assistance to water judges

85-2-243. Department assistance to water judges.
(1) The department, subject to the direction of the water judge, shall:
(a) provide such information and assistance as may be required by the water judge to adjudicate claims of existing rights;
(b) establish information and assistance programs to aid claimants in the filing of claims for existing rights required by 85-2-221;
(c) conduct field investigations of claims that the water judge in consultation with the department determines warrant investigation; and
(d) provide the water judge with all information in its possession bearing upon existing rights, including all declarations filed with and all information gathered by the department with respect to existing rights in the Powder River basin.
(2) Department assistance to a water judge must be without cost to the judicial districts wholly or partly within the affected water division. Expenses incurred by the department under subsection (1) must be paid from the money appropriated to it for the adjudication program by the legislature to carry out its function under subsection (1) and when that appropriation is expended then the department is no longer required to provide further assistance.
History: En. Sec. 21, Ch. 697, L. 1979; amd. Sec. 8, Ch. 651, L. 1987.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 2. Adjudication of Water Rights › 85-2-247. Purpose

85-2-247. Purpose.
(1) Because the state of Montana is the owner of all water in the state, pursuant to Article IX, section 3, of the Montana constitution, the legislature recognizes that it is in the state's best interest to ensure that valid issues raised as a result of claims examination in the statewide adjudication of pre-July 1, 1973, water rights are resolved before a final decree is issued.
(2) If as a result of the examination or the prior verification conducted by the department an issue remark is attached to a claim, the information resulting in the issue remark and the issue remark must be weighed against the claimed water right.
History: En. Sec. 1, Ch. 526, L. 2005.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 2. Adjudication of Water Rights › 85-2-249. Prioritization of workload

85-2-249. Prioritization of workload.
The chief water judge may place a higher priority on hearing objections to claims in a basin than on resolving issue remarks.
History: En. Sec. 3, Ch. 526, L. 2005.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 2. Adjudication of Water Rights › 85-2-250. Definition

85-2-250. Definition.
For the purposes of 85-2-247 through 85-2-249, "issue remark" means a statement added to an abstract of water right in a water court decree by the department or the water court to identify potential factual or legal issues associated with the claim. The term also includes "gray area remarks" that were the result of the verification process.
History: En. Sec. 4, Ch. 526, L. 2005.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 2. Adjudication of Water Rights › 85-2-270. Findings -- purpose

85-2-270. (Temporary) Findings -- purpose.
(1) The purpose of 85-2-271, 85-2-280 through 85-2-282, and this section is to:
(a) complete claims examination and the initial decree phase;
(b) reexamine claims in basins that were verified and were not subject to the supreme court examination rules when the water court has received a petition and issued an order pursuant to 85-2-282 or the water court has issued an order on its own initiative; and
(c) ensure that the product of the adjudication is enforceable decrees.
(2) With adequate funding, it is realistic and feasible for the department to complete claims examination and reexamination of verified basins for which the water court has received a petition and issued an order pursuant to 85-2-282 or the water court has issued an order on its own initiative by June 30, 2015. It is also realistic and feasible for the water court to issue a preliminary or temporary preliminary decree by June 30, 2024, for all basins in Montana. (Terminates June 30, 2028--secs. 10, 11, Ch. 269, L. 2015.)
History: En. Sec. 1, Ch. 288, L. 2005; amd. Sec. 3, Ch. 319, L. 2007; amd. Sec. 4, Ch. 269, L. 2015; amd. Sec. 1, Ch. 72, L. 2019.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 2. Adjudication of Water Rights › 85-2-271. Benchmarks -- action taken if not met -- claims examination priority

85-2-271. (Temporary) Benchmarks -- action taken if not met -- claims examination priority.
(1) (a) The water court shall prioritize basins for the purpose of claims examination and reexamination by the department.
(b) The chief water judge has the authority to order that reexamination be completed for a certain basin in a higher priority than claims examination. If the chief water judge issues an order requiring the department to reexamine claims rather than examining claims, the number of claims that were reexamined must be counted against the amount of claims that the department is required to examine for that period.
(2) (a) The benchmarks that are provided in subsection (2)(b) must be met. If the benchmarks are not met, money for water adjudication may not be included in the department's base budget.
(b) The benchmarks are as follows:
(i) the department shall reexamine 10,000 verified claims by June 30, 2017;
(ii) the department shall reexamine 30,000 verified claims by June 30, 2019;
(iii) the department shall examine or reexamine 65,000 claims by June 30, 2022;
(iv) the department shall examine or reexamine 85,000 claims by June 30, 2023;
(v) the department shall examine or reexamine 95,000 claims by June 30, 2024; and
(vi) the department shall examine or reexamine all timely filed claims by June 30, 2025. (Terminates June 30, 2028--secs. 10, 11, Ch. 269, L. 2015.)
History: En. Sec. 2, Ch. 288, L. 2005; amd. Sec. 4, Ch. 319, L. 2007; amd. Sec. 5, Ch. 269, L. 2015; amd. Sec. 2, Ch. 154, L. 2021.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 2. Adjudication of Water Rights › 85-2-280. Water adjudication account

85-2-280. (Temporary) Water adjudication account.
(1) There is a water adjudication account within the state special revenue fund created in 17-2-102.
(2) By August 15 of each fiscal year, the state treasurer shall transfer the amount necessary when combined with available and unencumbered fund balance, to fund the amount appropriated by the legislature in the general appropriation act from the state general fund to the water adjudication account for the sole purpose of funding the water adjudication program within the department and the water court.
(3) Interest and income earnings on the water adjudication account must be deposited in the account and may not be transferred to any other account prior to June 30, 2028.
(4) Money remaining in the water adjudication account on June 30, 2028, must be transferred to the water right appropriation account provided for in 85-2-318.
(5) If the accountability benchmarks contained in 85-2-271 are not met, expenditures from the account in the previous biennium may not be included in the department's base budget, as defined in 17-7-102, for the current biennium. (Terminates June 30, 2028--secs. 10, 11, Ch. 269, L. 2015.)
History: En. Sec. 7, Ch. 288, L. 2005; amd. Sec. 5, Ch. 319, L. 2007; amd. Sec. 24, Ch. 486, L. 2009; amd. Sec. 6, Ch. 269, L. 2015; amd. Sec. 4, Ch. 119, L. 2023.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 2. Adjudication of Water Rights › 85-2-281. Reporting requirements

85-2-281. (Temporary) Reporting requirements.
The department and the water court shall:
(1) provide quarterly reports to the water policy interim committee in accordance with 5-11-210 on:
(a) the progress of the adjudication on a basin-by-basin basis;
(b) the number of basins for which examination was completed during the reporting period;
(c) the number and type of decrees issued in the preceding year and in each quarter of the current year and an update on summary reports in review;
(d) the number of claims resolved each month in the preceding year;
(e) the percentage of claims resolved by basin, limited to basins under active review by the water court, after issuance of a decree and passage of the deadline of the notices of intent to appear; and
(f) compact status describing compacts approved by the water court and pending compacts;
(2) include a status report on the adjudication in their presentation to the applicable appropriation subcommittees during each legislative session including the number of basins for which examination was completed during the reporting period; and
(3) provide a budget that outlines how each of the entities will be funded in the next biennium, including general fund money and state special revenue funds. (Terminates June 30, 2028--secs. 10, 11, Ch. 269, L. 2015.)
History: En. Sec. 8, Ch. 288, L. 2005; amd. Sec. 7, Ch. 319, L. 2007; amd. Sec. 10, Ch. 122, L. 2015; amd. Secs. 7, 9, Ch. 269, L. 2015; amd. Sec. 119, Ch. 261, L. 2021.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 2. Adjudication of Water Rights › 85-2-282. Examination of claims in verified basins

85-2-282. (Temporary) Examination of claims in verified basins.
(1) At any time prior to the issuance of a final decree, in basins that were evaluated using the verification process rather than the examination process, the owners of water rights in the basin or a specified area in the basin may petition the water court to examine claims in the basin or an area in the basin pursuant to the supreme court rules.
(2) The owners of at least 15% of the number of water rights affected by the proposed reexamination shall sign the petition.
(3) At a minimum, the petition must provide:
(a) the specific water right purpose or water right purposes to be examined; and
(b) the elements to be examined.
(4) (a) The water judge shall evaluate each petition and determine if reexamination is necessary to provide greater accuracy to the adjudication.
(b) The water judge may request public comment on the petition.
(5) If the water judge determines reexamination should be conducted, the water judge shall issue an order that provides:
(a) what water right purpose or water right purposes must be examined by the department;
(b) the elements to be examined;
(c) final disposition of the reexamination information developed by the department; and
(d) the timeframe in which the reexamination must be completed.
(6) The water court may issue an order requiring reexamination on its own initiative. The order must provide the information contained in subsection (5).
(7) Upon receipt of the reexamination information from the department, the water court shall notify the users in the basin or the specified area in the basin identified in the petition of the final results of the reexamination and shall notify them regarding further steps or actions being taken as a result of the reexamination.
(8) Any actions taken as a result of the reexamination must be conducted in accordance with this part. (Terminates June 30, 2028--sec. 10, Ch. 269, L. 2015.)
History: En. Sec. 9, Ch. 288, L. 2005; amd. Sec. 8, Ch. 269, L. 2015.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 3. Appropriations, Permits, and Certificates of Water Rights › 85-2-301. Right to appropriate -- recognition and confirmation of permits issued after July 1, 1973

85-2-301. Right to appropriate -- recognition and confirmation of permits issued after July 1, 1973.
(1) After July 1, 1973, a person may not appropriate water except as provided in this chapter. A person may appropriate water only for a beneficial use.
(2) (a) Only the department may appropriate water by permit for transport outside the following river basins:
(i) the Clark Fork River and its tributaries to its confluence with Lake Pend Oreille in Idaho;
(ii) the Kootenai River and its tributaries to its confluence with Kootenay Lake in British Columbia;
(iii) the St. Mary River and its tributaries to its confluence with the Oldman River in Alberta;
(iv) the Little Missouri River and its tributaries to its confluence with Lake Sakakawea in North Dakota;
(v) the Missouri River and its tributaries to its confluence with the Yellowstone River in North Dakota; and
(vi) the Yellowstone River and its tributaries to its confluence with the Missouri River in North Dakota.
(b) The department may lease water subject to this subsection (2) under the provisions of 85-2-141.
(3) A right to appropriate water may not be acquired by any other method, including by adverse use, adverse possession, prescription, or estoppel. The method prescribed by this chapter is exclusive.
(4) All permit actions of the department after July 1, 1973, are recognized and confirmed subject to this part and any terms, conditions, and limitations placed on a permit by the department.
(5) Pursuant to 85-20-1902, the provisions of this section do not apply within the exterior boundaries of the Flathead Indian reservation.
History: En. Sec. 16, Ch. 452, L. 1973; amd. Sec. 2, Ch. 238, L. 1974; amd. Sec. 8, Ch. 485, L. 1975; amd. Sec. 4, Ch. 416, L. 1977; amd. Sec. 1, Ch. 470, L. 1977; R.C.M. 1947, 89-880(1); amd. Sec. 3, Ch. 573, L. 1985; amd. Sec. 5, Ch. 497, L. 1997; amd. Sec. 1, Ch. 112, L. 2011; amd. Sec. 6, Ch. 294, L. 2015.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 3. Appropriations, Permits, and Certificates of Water Rights › 85-2-303. Permit for conversion of nonproductive oil or gas well

85-2-303. Permit for conversion of nonproductive oil or gas well.
A person who desires to convert a nonproductive oil or gas well to a water well shall file a notice of completion or apply for a permit, depending on the maximum appropriation of the well, as otherwise provided in this chapter. The date of appropriation shall be the date of filing the notice of completion or the application for a permit.
History: En. Sec. 16, Ch. 452, L. 1973; amd. Sec. 2, Ch. 238, L. 1974; amd. Sec. 8, Ch. 485, L. 1975; amd. Sec. 4, Ch. 416, L. 1977; amd. Sec. 1, Ch. 470, L. 1977; R.C.M. 1947, 89-880(6); amd. Sec. 7, Ch. 448, L. 1983.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 3. Appropriations, Permits, and Certificates of Water Rights › 85-2-304. Appropriation by state board of land commissioners

85-2-304. Appropriation by state board of land commissioners.
The state board of land commissioners may, through the department, at its discretion, appropriate any available waters for use upon state lands and authorize the construction of irrigation works for these lands. The appropriation must be made in the same way and under the same laws as those governing the appropriation of water by individuals.
History: En. Sec. 2, Ch. 85, L. 1905; re-en. Sec. 2254, Rev. C. 1907; re-en. Sec. 1965, R.C.M. 1921; amd. Sec. 3, Ch. 280, L. 1965; amd. Sec. 113, Ch. 253, L. 1974; R.C.M. 1947, 81-2018; amd. Sec. 446, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 3. Appropriations, Permits, and Certificates of Water Rights › 85-2-305. Appropriation permit for reservoir

85-2-305. Appropriation permit for reservoir.
A person intending to appropriate water by means of a reservoir shall apply for a permit as prescribed in this chapter.
History: En. Sec. 25, Ch. 452, L. 1973; R.C.M. 1947, 89-889.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 3. Appropriations, Permits, and Certificates of Water Rights › 85-2-309. Hearings on objections -- jurisdiction

85-2-309. Hearings on objections -- jurisdiction.
(1) If the department determines that an objection to an application for a permit under 85-2-311 or change in appropriation right under 85-2-402 states a valid objection, it shall hold a contested case hearing, pursuant to Title 2, chapter 4, part 6, on the objection within 90 days from the date set by the department for the filing of objections after serving notice of the hearing by first-class mail upon the applicant and the objector, unless the department certifies an issue to the district court for determination by a water judge under subsection (2). The department may consolidate hearings if more than one objection is filed to an application. The department may extend the 90-day deadline for good cause shown or upon request of the applicant and all objectors. The department shall file in its records proof of the service by affidavit of the department.
(2) (a) At any time prior to commencement or before the conclusion of a hearing as provided in subsection (1), the department may in its discretion certify to the district court all factual and legal issues involving the adjudication or determination of the water rights at issue in the hearing, including but not limited to issues of abandonment, quantification, or relative priority dates. Certified controversies must be given priority by a water judge over all other adjudication matters.
(b) If the department fails to certify an issue as provided in this section after a timely request by a party to the hearing, the department shall include its denial to certify as part of the record of the hearing.
(c) Upon determination of the issues certified to it by the department, the court shall remand the matter to the department for further processing of the application under this chapter.
(3) Subsection (2) does not apply in the case of a matter considered at a hearing under this section pursuant to 85-2-316 or 85-2-322.
History: En. Sec. 19, Ch. 452, L. 1973; R.C.M. 1947, 89-883; amd. Sec. 6, Ch. 596, L. 1985; amd. Sec. 6, Ch. 497, L. 1997; amd. Sec. 3, Ch. 422, L. 1999; amd. Sec. 4, Ch. 251, L. 2009.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 3. Appropriations, Permits, and Certificates of Water Rights › 85-2-313. Provisional permit

85-2-313. Provisional permit.
A permit issued prior to a final determination of existing water rights is provisional and is subject to that final determination. Upon petition, the amount of the appropriation granted in a provisional permit must be reduced, modified, or revoked by the department following a show cause hearing in which it is determined that reduction, modification, or revocation is necessary to protect and guarantee existing water rights determined in the final decree. Because a provisional permit is issued on a reasonable determination of legal availability under 85-2-311(1)(b), in a show cause hearing under this section, legal availability must be determined on a consideration of the final decree in the affected basin or subbasin. A person may not obtain any vested right to an appropriation obtained under a provisional permit by virtue of construction of diversion works, purchase of equipment to apply water, planting of crops, or other action where the permit would have been denied or modified if the final decree had been available to the department.
History: En. Sec. 16, Ch. 452, L. 1973; amd. Sec. 2, Ch. 238, L. 1974; amd. Sec. 8, Ch. 485, L. 1975; amd. Sec. 4, Ch. 416, L. 1977; amd. Sec. 1, Ch. 470, L. 1977; R.C.M. 1947, 89-880(4); amd. Sec. 8, Ch. 497, L. 1997.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 3. Appropriations, Permits, and Certificates of Water Rights › 85-2-314. Revocation or modification of permit or change in appropriation right

85-2-314. Revocation or modification of permit or change in appropriation right.
(1) (a) If the work on an appropriation is not commenced, prosecuted, or completed within the time stated in the permit or an extension of the time stated in the permit, if the water is not being applied to the beneficial use contemplated in the permit or change in appropriation right, or if the permit or change in appropriation right is otherwise not being followed, the department may, after notice, require the permittee or the holder of the change in appropriation right to show cause why the permit or change in appropriation right should not be modified or revoked.
(b) If the permittee or holder of the change in appropriation right fails to show sufficient cause, the department may modify or revoke the permit or change in appropriation right.
(2) (a) A permittee or holder of a change in appropriation right may petition the department to modify or remove a condition of approval or reduce the amount of the permit or change authorization.
(b) The petition must be submitted on a form designated by the department, is subject to the criteria of 85-2-311 and 85-2-402, and must be processed in the same manner as an application made pursuant to 85-2-302, 85-2-307 through 85-2-309, and 85-2-310(1) through (5) except that:
(i) the department may waive the public notice of a preliminary determination to grant the petition if the department finds, on the basis of information reasonably available to it, that the petition as proposed in the application will not adversely affect the rights of other appropriators;
(ii) if the department issues a preliminary determination to grant the petition and waives public notice, the determination becomes final;
(iii) the department may condition a preliminary determination to grant the petition in order to meet the criteria under 85-2-311 and 85-2-402; and
(iv) a preliminary determination to deny a petition is final. Denial of a petition does not affect the permit or change authorization.
History: En. Sec. 23, Ch. 452, L. 1973; R.C.M. 1947, 89-887; amd. Sec. 13, Ch. 448, L. 1983; amd. Sec. 8, Ch. 70, L. 2005; amd. Sec. 5, Ch. 335, L. 2013.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 3. Appropriations, Permits, and Certificates of Water Rights › 85-2-315. Certificate of water right

85-2-315. Certificate of water right.
Upon actual application of water to the proposed beneficial use within the time allowed, the permittee shall notify the department that the appropriation has been completed. The notification must contain a certified statement by a person with experience in the design, construction, or operation of appropriation works describing how the appropriation was completed. The department shall review the certified statement and may then inspect the appropriation, and if it determines that the appropriation has been completed in substantial accordance with the permit, it shall issue the permittee a certificate of water right. The original of the certificate shall be sent to the permittee, and a duplicate shall be kept in the office of the department in Helena.
History: En. Sec. 24, Ch. 452, L. 1973; R.C.M. 1947, 89-888; amd. Sec. 14, Ch. 448, L. 1983; amd. Sec. 7, Ch. 805, L. 1991; amd. Sec. 10, Ch. 370, L. 1993.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 3. Appropriations, Permits, and Certificates of Water Rights › 85-2-317. Limitation on appropriation of ground water

85-2-317. Limitation on appropriation of ground water.
(1) After July 1, 1991, the department may not approve a permit to appropriate ground water in excess of 3,000 acre-feet per year unless:
(a) the applicant proves and the department finds that the applicable criteria in 85-2-311 are met; and
(b) the department then petitions the legislature and the legislature affirms the decision of the department after one or more public hearings.
(2) Subsection (1) applies to any permit to appropriate ground water for which application has been made but which has not been granted as of May 7, 1979.
(3) This section does not apply to appropriations by municipalities for municipal use or to appropriations for public water supplies as defined in 75-6-102 or to appropriations for the irrigation of cropland owned and operated by the applicant.
(4) Any person, association, corporation, or other entity that applies for a permit to appropriate ground water, singularly or collectively, for the purpose of circumventing this section is punishable by a fine not exceeding $5,000.
History: En. Secs. 2, 4, Ch. 631, L. 1979; amd. Sec. 8, Ch. 805, L. 1991.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 3. Appropriations, Permits, and Certificates of Water Rights › 85-2-318. Water right appropriation account

85-2-318. Water right appropriation account.
There is established a water right appropriation account in the state special revenue fund of the state treasury. All fees collected as provided in 85-2-113 shall be deposited in the account to help pay the expenses incurred by the department for administering and enforcing this part, part 1, part 4, and part 5 of chapter 2, Title 85, and Title 37, chapter 43.
History: En. Sec. 5, Ch. 357, L. 1981; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 6, Ch. 535, L. 1987.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 3. Appropriations, Permits, and Certificates of Water Rights › 85-2-319. Permit action in highly appropriated basins or subbasins

85-2-319. Permit action in highly appropriated basins or subbasins.
(1) With regard to a highly appropriated basin or subbasin, except as provided in 85-20-1401, the legislature may by law preclude permit applications or the department may by rule reject permit applications or modify or condition permits already issued.
(2) A rule may be adopted under this section only upon a petition that is signed by at least 25% or 10, whichever is less, of the users of water in the source of supply within a basin or subbasin or upon petition of the department of environmental quality that alleges facts under subsection (2)(d). The petition must be in a form prescribed by the department and must allege facts showing that throughout or at certain times of the year or for certain beneficial uses:
(a) there are no unappropriated waters in the source of supply;
(b) the rights of prior appropriators will be adversely affected;
(c) further uses will interfere unreasonably with other planned uses or developments for which a permit has been issued or for which water has been reserved; or
(d) in the case of a petition filed by the department of environmental quality:
(i) the water quality of an appropriator will be adversely affected by the issuance of permits;
(ii) further use will not be substantially in accordance with the classification of water set for the source of supply pursuant to 75-5-301(1); or
(iii) the ability of a discharge permitholder to satisfy effluent limitations of a permit issued in accordance with Title 75, chapter 5, part 4, will be adversely affected by the issuance of permits.
(3) Within 60 days after submission of a petition, the department shall:
(a) deny the petition in writing, stating its reasons for denial;
(b) inform the petitioners that the department shall study the allegations further before denying or proceeding further with the petition; or
(c) initiate rulemaking proceedings in accordance with 2-4-302 through 2-4-305.
(4) Title 2, chapter 4, parts 1 through 4, govern rulemaking proceedings conducted under this section, except that in addition to the notice requirements of those parts, the department notice of the rulemaking hearing must be published at least once in each week for 3 successive weeks, not less than 30 days before the date of the hearing, in a newspaper of general circulation in the county or counties in which the source is located. The department shall serve by mail a copy of the notice, not less than 30 days before the hearing, upon each person or public agency known from the examination of the records of the department to be a claimant, appropriator, or permitholder of water in the source.
(5) The department may adopt rules to implement the provisions of this section.
History: En. Sec. 17, Ch. 448, L. 1983; amd. Sec. 2, Ch. 460, L. 1993; (5)En. Sec. 5, Ch. 460, L. 1993; amd. Sec. 450, Ch. 418, L. 1995; amd. Sec. 11, Ch. 213, L. 2007.