reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 11. Oil and Gas Conservation › Part 2. Unit Operations › 82-11-207. Approval of plan for unit operations by persons paying costs

82-11-207. Approval of plan for unit operations by persons paying costs.
An order of the board providing for unit operations may not become effective unless the plan for unit operations prescribed by the board has been approved in writing by those persons who under the board's order will be required to pay at least 70% of the costs of the unit operations and also by the persons owning at least 60% of the production or proceeds of the unit operations that will be credited to interests that are free of cost, such as royalties, overriding royalties, and production payments, and the board has made a finding, either in the order providing for unit operations or in a supplemental order, that the plan for unit operations has been approved. However, if one owner who is obligated to pay costs of the unit operation owns 70% or more but less than 100%, the approval of that owner and at least one other owner is required, and if one person entitled to production or proceeds of the production that will be credited to interests that are free of costs owns 60% or more but less than 100%, the approval of that person and at least one other owner is required. If the plan for unit operations has not been approved at the time the order providing for unit operations is made, the board shall, upon application and notice, hold supplemental hearings that may be required to determine if and when the plan for unit operations has been approved. If the requisite number of owners and persons and the requisite percentage of interests in the unit area do not approve the plan for unit operations within a period of 6 months from the date on which the order providing for unit operations is made, the board shall revoke the order unless, for good cause shown, the board extends the time.
History: En. Sec. 4, Ch. 33, L. 1969; amd. Sec. 64, Ch. 253, L. 1974; R.C.M. 1947, 60-131.4; amd. Sec. 1, Ch. 311, L. 2009.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 11. Oil and Gas Conservation › Part 2. Unit Operations › 82-11-208. Board orders -- amendment

82-11-208. Board orders -- amendment.
An order providing for unit operations may be amended by an order made by the board in the same manner and subject to the same conditions and notice as an original order providing for unit operations; however, if such an amendment affects only the rights and interests of the owners, the approval of the amendment by the persons owning interests which are free of costs, such as royalties, overriding royalties, and production payments, is not required, and an order of amendment may not change the percentage for the allocation of oil and gas as established for any tract by the original order, except with the consent of all persons owning oil and gas rights in the tract, or change the percentage for the allocation of cost as established for any tract by the original order, except with the consent of all owners in the tract.
History: En. Sec. 5, Ch. 33, L. 1969; amd. Sec. 65, Ch. 253, L. 1974; R.C.M. 1947, 60-131.5.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 11. Oil and Gas Conservation › Part 2. Unit Operations › 82-11-209. Units established by previous order

82-11-209. Units established by previous order.
The board may provide by an order for the unit operation of a pool or pools or parts of a pool or pools that embrace a unit established by an order of the board made prior to February 13, 1969. The order, in providing for the allocation of unit production, must first treat the unit area previously established as a single tract, and the portion of the unit production allocated to that tract must then be allocated among the tracts included in the previously established unit area in the same proportions as those specified in the previous order. A new owner whose interest by the order is added to the unit area and who becomes liable for the owner's proportionate share of the costs of unit operations is not liable for any unit operating costs incurred prior to the person's entry in the unit. At the time the interest is included in the unit, an equipment inventory must be made in order to charge the newly committed interest with its proportionate share of capital investment at its current value. An oil-in-storage inventory must be taken immediately prior to adding the newly committed interest.
History: En. Sec. 6, Ch. 33, L. 1969; amd. Sec. 4, Ch. 150, L. 1971; amd. Sec. 66, Ch. 253, L. 1974; R.C.M. 1947, 60-131.6; amd. Sec. 2746, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 11. Oil and Gas Conservation › Part 2. Unit Operations › 82-11-210. Unit operations -- less than whole of pool

82-11-210. Unit operations -- less than whole of pool.
An order may provide for unit operations on less than the whole of a pool where the unit area is of such size and shape as may be reasonably required for that purpose and the conduct thereof will have no adverse effect upon other portions of the pool.
History: En. Sec. 7, Ch. 33, L. 1969; R.C.M. 1947, 60-131.7.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 11. Oil and Gas Conservation › Part 2. Unit Operations › 82-11-211. Operations considered as done by all owners in unit

82-11-211. Operations considered as done by all owners in unit.
(1) All operations, including but not limited to the commencement, drilling, or operation of a well upon any portion of the unit area, shall be considered for all purposes the conduct of those operations upon each tract in the unit area by the several owners thereof. The portion of the unit production allocated to a tract in a unit area shall, when produced, be considered for all purposes to have been actually produced from the tract by a well drilled thereon.
(2) Operations conducted pursuant to an order of the board providing for unit operations shall constitute a fulfillment of all the express or implied obligations of each lease or contract covering lands in the unit area to the extent that the obligations cannot be performed because of the order of the board.
History: En. Sec. 8, Ch. 33, L. 1969; amd. Sec. 67, Ch. 253, L. 1974; R.C.M. 1947, 60-131.8.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 11. Oil and Gas Conservation › Part 2. Unit Operations › 82-11-212. Property rights and operator's lien

82-11-212. Property rights and operator's lien.
That portion of the unit production allocated to any tract and the proceeds from the sale of that production must be the property and income of the persons to whom or to whose credit the proceeds are allocated or payable under the order providing for unit operations, except that the operator of the unit shall, subject to 82-11-206(5)(a), have a first and prior lien upon each owner's oil and gas rights and the owner's share of unitized production to secure the payment of that owner's proportionate part of developing and operating the unit area. The lien may be perfected and enforced in the same manner as provided in Title 71, chapter 3, part 5. Upon demand by any owner of working interest in any tract to which gas has been allocated, the unit operator shall deliver the allocated share of gas to the owner in kind. However, the operator and the other owners of interest may not be required to bear the cost of providing additional facilities for the delivery of the gas.
History: En. Sec. 9, Ch. 33, L. 1969; amd. Sec. 5, Ch. 150, L. 1971; R.C.M. 1947, 60-131.9; amd. Sec. 2747, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 11. Oil and Gas Conservation › Part 2. Unit Operations › 82-11-213. Contract not terminated by board order

82-11-213. Contract not terminated by board order.
A division order or other contract relating to the sale or purchase or production from a tract may not be terminated by the order providing for unit operations but shall remain in force and apply to oil and gas allocated to the tract until terminated in accordance with the provisions thereof.
History: En. Sec. 10, Ch. 33, L. 1969; amd. Sec. 68, Ch. 253, L. 1974; R.C.M. 1947, 60-131.10.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 11. Oil and Gas Conservation › Part 2. Unit Operations › 82-11-214. Title to oil and gas rights not affected by board order

82-11-214. (Temporary) Title to oil and gas rights not affected by board order.
Except to the extent that the parties affected so agree, an order providing for unit operations does not result in a transfer of all or any part of the title of any person to the oil and gas rights in any tract in the unit area. All property, whether real or personal, that may be acquired in the conduct of unit operations hereunder shall be acquired for the account of the owners within the unit area and shall be the property of those owners in the proportion that the expenses of unit operations are charged.
82-11-214. (Effective on occurrence of contingency) Title to oil and gas rights not affected by board order.
Except to the extent that the parties affected agree and in accordance with 82-11-183(8), an order providing for unit operations does not result in a transfer of all or any part of the title of any person to the carbon dioxide rights or oil and gas rights in any tract in the unit area. All property, whether real or personal, that may be acquired in the conduct of unit operations under this part must be acquired for the account of the owners within the unit area and are the property of those owners in the proportion that the expenses of unit operations are charged.
History: En. Sec. 11, Ch. 33, L. 1969; amd. Sec. 69, Ch. 253, L. 1974; R.C.M. 1947, 60-131.11; amd. Sec. 26, Ch. 474, L. 2009.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 11. Oil and Gas Conservation › Part 2. Unit Operations › 82-11-215. Unit operation not restraint of trade

82-11-215. Unit operation not restraint of trade.
The formation of a unit as provided in 82-11-204 through 82-11-216 and the operation of the unit under order of the board shall not be in violation of any statute of this state relating to trusts, monopolies, contracts, or combinations in restraint of trade.
History: En. Sec. 12, Ch. 33, L. 1969; amd. Sec. 70, Ch. 253, L. 1974; R.C.M. 1947, 60-131.12.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 11. Oil and Gas Conservation › Part 2. Unit Operations › 82-11-216. No creation of relationship between parties in unit

82-11-216. No creation of relationship between parties in unit.
The formation of such a unit as herein provided will not create a relationship between the parties thereto which shall be deemed to be or constitute a joint endeavor, adventure, undertaking, association, or mining or other partnership.
History: En. Sec. 13, Ch. 33, L. 1969; R.C.M. 1947, 60-131.13.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 11. Oil and Gas Conservation › Part 3. Interstate Oil and Gas Conservation Compact › 82-11-301. Authorization to join interstate compact for conservation of oil and gas

82-11-301. Authorization to join interstate compact for conservation of oil and gas.
The governor of the state of Montana is hereby authorized and directed, for and in the name of the state of Montana, to join with other states in the Interstate Compact To Conserve Oil and Gas, which was heretofore executed in the city of Dallas, Texas, on February 16, 1935, and is now deposited with the department of state of the United States and which has been extended with the consent of congress to September 1, 1947.
History: En. Sec. 1, Ch. 121, L. 1945; R.C.M. 1947, 60-601.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 11. Oil and Gas Conservation › Part 3. Interstate Oil and Gas Conservation Compact › 82-11-303. Extension of expiration date

82-11-303. Extension of expiration date.
The governor of Montana is further authorized and empowered, for and in the name of the state of Montana, to execute agreements for the further extension of the expiration date of the Interstate Compact To Conserve Oil and Gas and to determine if and when it is in the best interest of the state of Montana to withdraw from the compact upon 60 days' notice as provided by its terms. If the governor determines that the state should withdraw from the compact, the governor has full power and authority to give necessary notice and to take any and all steps necessary and proper to effect the withdrawal of the state of Montana from the compact.
History: En. Sec. 3, Ch. 121, L. 1945; R.C.M. 1947, 60-603; amd. Sec. 2748, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 11. Oil and Gas Conservation › Part 3. Interstate Oil and Gas Conservation Compact › 82-11-304. Governor as member of interstate oil compact commission

82-11-304. Governor as member of interstate oil compact commission.
The governor is the official representative of the state of Montana on the interstate oil compact commission, provided for in the Interstate Compact To Conserve Oil and Gas, and shall exercise and perform for the state of Montana all the powers and duties as a member of the interstate oil compact commission. However, the governor may appoint an assistant representative who shall act in the governor's stead as the official representative of the state of Montana as a member of the commission. The assistant representative shall take the oath of office prescribed by The Constitution of the State of Montana, which must be filed with the secretary of state.
History: En. Sec. 4, Ch. 121, L. 1945; R.C.M. 1947, 60-604; amd. Sec. 2749, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 11. Oil and Gas Conservation › Part 3. Interstate Oil and Gas Conservation Compact › 82-11-305. Limitation on power of representative

82-11-305. Limitation on power of representative.
This part may not be construed as granting any power to the representative of the state of Montana in the representative's private or official capacity or to the interstate oil compact commission to prorate, allocate, regulate, or control oil or gas production or refined products of the production within the state of Montana or the markets for the production and may not have the effect or be construed as in any manner surrendering to the federal government any rights over or in the production, sale, or transportation of oil or gas or the refined products of oil or gas in the state of Montana. This part may not be construed to bind or obligate the state of Montana to enact any new legislation or to amend or alter any laws pertaining to the oil and gas industries in Montana.
History: En. Sec. 5, Ch. 121, L. 1945; R.C.M. 1947, 60-605; amd. Sec. 2750, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 11. Oil and Gas Conservation › Part 3. Interstate Oil and Gas Conservation Compact › 82-11-306. Expenses of representative

82-11-306. Expenses of representative.
The representative or the assistant representative appointed by the governor of the state of Montana to the oil compact commission must be allowed and paid the person's reasonable expenses while engaged in the performance of official duties, and the person's expenses and all other expense incurred in connection with the interstate oil compact and the interstate oil compact commission must be paid out of the board of oil and gas conservation revenue fund in accordance with the provisions of 82-11-135.
History: En. Sec. 6, Ch. 121, L. 1945; amd. Sec. 33, Ch. 39, L. 1977; R.C.M. 1947, 60-606; amd. Sec. 2751, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 15. Regulation of Petroleum Products › Part 1. Regulation of Manufacture and Distribution › 82-15-101. Definitions

82-15-101. Definitions.
As used in this part, the following definitions apply:
(1) "Antiknock index number" means the octane rating of the antiknock characteristics of a grade or type of motor fuel determined as provided in 16 CFR 306.0.
(2) "Dealer" means any person engaged in the petroleum business and includes petroleum dealers and liquefied petroleum dealers.
(3) "Department" means the department of labor and industry provided for in Title 2, chapter 15, part 17.
(4) "Liquefied petroleum dealer" means a dealer engaged, directly or indirectly, in the business of delivering or distributing to a consumer or of selling or offering or advertising for sale or refining or manufacturing or keeping for sale in this state any petroleum product composed predominantly of any of the following hydrocarbons or mixtures of hydrocarbons: propane, propylene, butanes (normal butane or isobutane), and butylenes but excluding prepackaged liquefied petroleum products.
(5) "Liquefied petroleum product" means a product composed predominantly of any of the following hydrocarbons or mixtures of hydrocarbons: propane, propylene, butanes (normal butane or isobutane), and butylenes.
(6) "Liquefied petroleum product container" means a container approved by the American society of mechanical engineers that can hold 110 gallons or more of a liquefied petroleum product.
(7) "Mislabeled" means a package label or dispensing device of a product that bears any statement, design, or device regarding the product or regarding ingredients or substances in the product or regarding the properties, quality, or kind of products that is false or misleading in any manner.
(8) "Owner" means a person:
(a) who is listed with the American society of mechanical engineers or with the manufacturer as owner by the serial number of the liquefied petroleum product container;
(b) who holds a written bill of sale or other instrument under which title to a liquefied petroleum product container was transferred; or
(c) who holds a paid invoice showing purchase of and payment for a liquefied petroleum product container.
(9) "Person" means an individual, trust, estate, partnership, corporation, joint-stock company, firm, agency, association, or any receiver appointed by law.
(10) "Petroleum dealer" means a dealer engaged, directly or indirectly, in the business of delivering or distributing to a consumer or offering or advertising for sale, refining, manufacturing, or keeping for sale in this state any gasoline, kerosene, distillate, road oil, fuel oil, lubricating oil, or greases or any oil or gas or oil and gas product except prepackaged petroleum products and except as otherwise defined as a liquefied petroleum dealer in subsection (4).
(11) "Sell" and "sale" includes barter and exchange.
History: En. 60-234 by Sec. 1, Ch. 77, L. 1977; R.C.M. 1947, 60-234; amd. Sec. 2, Ch. 274, L. 1981; amd. Sec. 1, Ch. 65, L. 1993; amd. Sec. 213, Ch. 483, L. 2001; amd. Sec. 8, Ch. 452, L. 2005.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 15. Regulation of Petroleum Products › Part 1. Regulation of Manufacture and Distribution › 82-15-102. Enforcement of part -- rules

82-15-102. Enforcement of part -- rules.
(1) Except as provided in subsection (2), this part must be enforced by the department. It may adopt necessary and reasonable rules for the implementation of the provisions and intent of this part, and those rules have the effect of law.
(2) Section 82-15-110(8) must be enforced by the department of environmental quality.
(3) The department of environmental quality shall adopt rules for the regulation of methyl tertiary butyl ether in accordance with this part. The rules must establish:
(a) a trace level or trace levels of methyl tertiary butyl ether that may be contained in gasoline that is imported into the state, stored, distributed, sold, offered or exposed for sale, or dispensed in the state of Montana. The department of environmental quality shall establish trace levels in a manner that prevents the intentional addition of methyl tertiary butyl ether to gasoline but that allows for a residual amount of methyl tertiary butyl ether to remain in tanks following implementation of 82-15-110(8).
(b) reasonable sampling and reporting requirements; and
(c) requirements that the department of environmental quality determines are reasonable and necessary for implementation of the portions of this part that apply to methyl tertiary butyl ether.
History: En. 60-235 by Sec. 2, Ch. 77, L. 1977; R.C.M. 1947, 60-235; amd. Sec. 1, Ch. 385, L. 2005; amd. Sec. 9, Ch. 452, L. 2005; amd. Sec. 110, Ch. 324, L. 2021.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 15. Regulation of Petroleum Products › Part 1. Regulation of Manufacture and Distribution › 82-15-103. Standards and specifications for petroleum products

82-15-103. Standards and specifications for petroleum products.
The standards and specifications for petroleum products, including but not limited to gasoline, ethanol-blended gasoline, fuel oils, diesel fuel, kerosene, and liquefied petroleum gases, must be determined by the department and must be based on nationally recognized standards and specifications such as the standards and specifications that are published by the American society for testing and materials. The standards and specifications adopted by rule by the department are the standards and specifications for products sold in this state, and official tests of the products must be based on the adopted standards and specifications.
History: En. 60-236 by Sec. 3, Ch. 77, L. 1977; R.C.M. 1947, 60-236; amd. Sec. 78, Ch. 130, L. 2005; amd. Sec. 10, Ch. 452, L. 2005; amd. Sec. 1, Ch. 15, L. 2017.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 15. Regulation of Petroleum Products › Part 1. Regulation of Manufacture and Distribution › 82-15-104. Departments authorized to employ laboratory for testing

82-15-104. Departments authorized to employ laboratory for testing.
The department and, when testing for methyl tertiary butyl ether, the department of environmental quality may employ a laboratory that has sufficient facilities to make tests of petroleum products as required and may pay reasonable compensation for the analyses and tests made by the laboratory.
History: En. 60-237 by Sec. 4, Ch. 77, L. 1977; R.C.M. 1947, 60-237; amd. Sec. 2, Ch. 385, L. 2005; amd. Sec. 11, Ch. 452, L. 2005.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 15. Regulation of Petroleum Products › Part 1. Regulation of Manufacture and Distribution › 82-15-105. Licenses and fees -- status of license on transfer of ownership

82-15-105. Licenses and fees -- status of license on transfer of ownership.
(1) A petroleum dealer or liquefied petroleum dealer may not do business in this state until licensed by the department. The license must be obtained by the dealer by making application to the department upon forms provided by the department. A dealer who has not been issued a license and who is found selling, offering for sale, delivering, or distributing petroleum products shall be punished upon conviction as provided by this part.
(2) The department shall adopt rules establishing license fees based upon the measuring devices used by the dealer. The fees may be paid by credit card and may be discounted for payment processing charges paid by the department to a third party. The fees must be deposited in the state special revenue fund of the department for use in administrating and enforcing this part.
(3) All licenses are annual and expire on the anniversary date established by rule by the board of review established in 30-16-302. There is an additional charge of 50% on all license fees that are not paid within 60 days of the licensee's anniversary date. If the fee is not paid, the equipment must be sealed and removed from service by the department. It is unlawful for anyone to use a device removed from service or to break the seal until all fees have been paid.
History: En. 60-238 by Sec. 5, Ch. 77, L. 1977; R.C.M. 1947, 60-238; amd. Sec. 1, Ch. 252, L. 1983; amd. Sec. 1, Ch. 56, L. 1991; amd. Sec. 1, Ch. 498, L. 1993; amd. Sec. 20, Ch. 366, L. 1997; amd. Sec. 8, Ch. 54, L. 1999; amd. Sec. 1, Ch. 62, L. 2007.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 15. Regulation of Petroleum Products › Part 1. Regulation of Manufacture and Distribution › 82-15-106. Refusing, suspending, and revoking licenses -- hearing required

82-15-106. Refusing, suspending, and revoking licenses -- hearing required.
The department may refuse to grant a license or may suspend or revoke a license already granted for due cause after a hearing for which notice was provided for not less than 10 days. Violation of any provision of this part, except 82-15-110(8), or any lawful order or rule of the department is cause for which the department may suspend, revoke, or refuse to issue a license. The suspension, revocation, or refusal may be conditioned on terms that the department considers appropriate.
History: En. 60-239 by Sec. 6, Ch. 77, L. 1977; R.C.M. 1947, 60-239; amd. Sec. 3, Ch. 385, L. 2005; amd. Sec. 12, Ch. 452, L. 2005.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 15. Regulation of Petroleum Products › Part 1. Regulation of Manufacture and Distribution › 82-15-107. Inspections, sampling, and tests by department to insure compliance with part

82-15-107. Inspections, sampling, and tests by department to insure compliance with part.
(1) For the purpose of obtaining information regarding suspected violation of this part, the department has access to all places where the commodities subject to regulation under this part are sold, offered for sale or kept for sale, manufactured, transported, or stored or where the books, papers, records, or documents relative to those transactions are kept and may inspect and copy them at any place in this state.
(2) The department may sample, inspect, and test any of the commodities subject to this part upon tendering payment for them, whether they originate at points outside the state or otherwise and whether they are in transport or at rest in places where they are to be sold.
History: En. 60-240 by Sec. 7, Ch. 77, L. 1977; R.C.M. 1947, 60-240.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 15. Regulation of Petroleum Products › Part 1. Regulation of Manufacture and Distribution › 82-15-108. Approved measure required for part delivery

82-15-108. Approved measure required for part delivery.
Part of a compartment delivery may be made only by an approved, calibrated, and sealed meter or an approved measure. Gauge stick measurement is not permitted. All tank markers must be positioned and sealed as provided by the department. The department shall fix by rule fees for retesting meters or measuring devices or vehicle tanks used for distribution by petroleum or liquefied petroleum dealers and for any other special service rendered.
History: En. 60-241 by Sec. 8, Ch. 77, L. 1977; R.C.M. 1947, 60-241.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 15. Regulation of Petroleum Products › Part 1. Regulation of Manufacture and Distribution › 82-15-109. Full compartment sales -- approval of meter

82-15-109. Full compartment sales -- approval of meter.
Full compartment sales or deliveries may only be made in a manner that shall be provided by the department by rule. All other sales or deliveries may only be made through a meter which has been approved, calibrated, and sealed by the department or by weight, unless otherwise provided by the department.
History: En. 60-242 by Sec. 9, Ch. 77, L. 1977; R.C.M. 1947, 60-242.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 15. Regulation of Petroleum Products › Part 1. Regulation of Manufacture and Distribution › 82-15-110. Unlawful acts

82-15-110. Unlawful acts.
It is unlawful to:
(1) use any meter or mechanical device for the measurement of gasoline or liquid fuels unless the meter or mechanical device has been approved by the department and sealed as correct;
(2) change or in any way tamper with the department's seal without written consent from the department;
(3) make delivery from petroleum vehicle tanks through a hose unless the tanks have been calibrated by the department under 82-15-108;
(4) sell or deliver liquefied petroleum to a consumer as a liquid or vapor except as provided by 82-15-109;
(5) sell or offer for sale or deliver liquefied petroleum to a consumer as a liquid or vapor, the measurement of which has not been temperature corrected to 60 degrees F by means of an automatic compensating device that has been approved, calibrated, and sealed by the department, unless otherwise provided by the department;
(6) sell, offer, or expose for sale any petroleum product for which standards or minimum specifications have been set by the department unless the fuel product meets in all respects the tests and standards prescribed;
(7) sell or offer or expose for sale any petroleum product that is adulterated, mislabeled, or misrepresented with respect to the use for which it is reasonably intended; or
(8) import into the state, store, distribute, sell, offer or expose for sale, or dispense any gasoline that contains methyl tertiary butyl ether in amounts that exceed the trace level or levels allowed by the rules adopted pursuant to 82-15-102(3)(a).
History: En. 60-243 by Sec. 10, Ch. 77, L. 1977; R.C.M. 1947, 60-243; amd. Sec. 4, Ch. 385, L. 2005; amd. Sec. 13, Ch. 452, L. 2005.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 15. Regulation of Petroleum Products › Part 1. Regulation of Manufacture and Distribution › 82-15-111. Penalty for violations

82-15-111. Penalty for violations.
A person who purposely, knowingly, or negligently violates any of the provisions of this part, except 82-15-110(8), or any rule promulgated by the department is guilty of a misdemeanor and upon conviction shall for the first offense be punished by a fine of not less than $10 or more than $1,000 and shall be punished for any subsequent offense by a fine of not less than $50 or more than $5,000, by imprisonment in the county jail for a term not exceeding 1 year, or by both fine and imprisonment.
History: En. 60-244 by Sec. 11, Ch. 77, L. 1977; R.C.M. 1947, 60-244; amd. Sec. 5, Ch. 385, L. 2005; amd. Sec. 15, Ch. 452, L. 2005.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 15. Regulation of Petroleum Products › Part 1. Regulation of Manufacture and Distribution › 82-15-112. Injunction against violations

82-15-112. Injunction against violations.
The department may apply to any court of competent jurisdiction for a temporary or permanent injunction, or both, restraining any person for violating any provision of this part or any rule promulgated by the department pursuant to this part.
History: En. 60-245 by Sec. 12, Ch. 77, L. 1977; R.C.M. 1947, 60-245.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 15. Regulation of Petroleum Products › Part 1. Regulation of Manufacture and Distribution › 82-15-113. Refilling of liquefied petroleum product containers -- unlawful acts

82-15-113. Refilling of liquefied petroleum product containers -- unlawful acts.
Only the owner or a person authorized by the owner may:
(1) fill or refill a liquefied petroleum product container;
(2) deface, erase, obliterate, cover up, remove, conceal, or change the name or other identification of the owner or the information on the manufacturer's specification plate; or
(3) place the name of a person other than the owner on the liquefied petroleum product container.
History: En. Sec. 2, Ch. 65, L. 1993.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 15. Regulation of Petroleum Products › Part 1. Regulation of Manufacture and Distribution › 82-15-114. Violation -- penalty

82-15-114. Violation -- penalty.
A person who violates 82-15-113 is guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed $500 or by imprisonment in the county jail for a term not exceeding 120 days, or both.
History: En. Sec. 3, Ch. 65, L. 1993.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 15. Regulation of Petroleum Products › Part 1. Regulation of Manufacture and Distribution › 82-15-115. Owner identification

82-15-115. Owner identification.
The owner of a liquefied petroleum product container shall place the name, initials, or trademark of the owner on the dome near the filling apparatus of each container.
History: En. Sec. 4, Ch. 65, L. 1993.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 15. Regulation of Petroleum Products › Part 1. Regulation of Manufacture and Distribution › 82-15-120. Department of environmental quality to enforce prohibition on methyl tertiary butyl ether -- notice requirements -- hearing -- penalties

82-15-120. Department of environmental quality to enforce prohibition on methyl tertiary butyl ether -- notice requirements -- hearing -- penalties.
(1) (a) Whenever the department of environmental quality believes that a violation of 82-15-110(8) or of the rules adopted pursuant to 82-15-102(3) has occurred, it may serve written notice of the violation on the alleged violator or an agent of the alleged violator.
(b) The notice must specify the facts alleged to constitute a violation and may include an order assessing an administrative penalty pursuant to subsection (3), an order to take necessary corrective action within a reasonable period of time stated in the order, or both.
(c) The order becomes final unless, within 30 days after the notice is served, the person named in the order requests in writing a hearing before the board of environmental review. Service by mail is complete on the date of mailing.
(d) Upon receipt of the request, the board of environmental review shall schedule a hearing. The contested case provisions of the Montana Administrative Procedure Act provided in Title 2, chapter 4, part 6, apply to a hearing conducted under this section.
(2) If, after a hearing held under subsection (1), the board of environmental review finds that a violation has occurred, it shall either affirm or modify the order of the department of environmental quality. An order issued by the department of environmental quality or by the board of environmental review may prescribe the date by which the violation must cease and may prescribe time limits for a particular action. If, after hearing, the board of environmental review finds no violation has occurred, it shall rescind the department of environmental quality's order.
(3) A violation of 82-15-110(8) or of a rule adopted pursuant to 82-15-102(3) is subject to an administrative penalty of up to $1,000. Each day of violation constitutes a separate violation.
(4) Any person who violates 82-15-110(8), a rule adopted pursuant to 82-15-102(3), or an order issued under this section is subject to a civil penalty not to exceed $5,000 for each violation. Each day of violation constitutes a separate violation.
(5) The department of environmental quality is authorized to commence a civil action seeking appropriate relief, including temporary and permanent injunctions and penalties under subsection (4) of this section, for a violation of 82-15-110(8), a rule adopted pursuant to 82-15-102(3), or a violation of an order issued under this section. The action must be brought in the district court of the county in which the violation occurred.
History: En. Sec. 6, Ch. 385, L. 2005; en. Sec. 14, Ch. 452, L. 2005; amd. Sec. 52, Ch. 535, L. 2021.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 15. Regulation of Petroleum Products › Part 1. Regulation of Manufacture and Distribution › 82-15-121. Repealed

82-15-121. Repealed.
Sec. 2, Ch. 15, L. 2017.
History: En. Sec. 1, Ch. 452, L. 2005.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 15. Regulation of Petroleum Products › Part 1. Regulation of Manufacture and Distribution › 82-15-122. Repealed

82-15-122. Repealed.
Sec. 2, Ch. 15, L. 2017.
History: En. Sec. 2, Ch. 452, L. 2005.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 15. Regulation of Petroleum Products › Part 2. Price Discrimination › 82-15-201. Standard petroleum product defined

82-15-201. Standard petroleum product defined.
The term "standard petroleum product" as used herein refers to and includes gasoline, fuel oil, distillates, greases, and lubricating oils.
History: En. Sec. 2, Ch. 111, L. 1935; re-en. Sec. 4193.2, R.C.M. 1935; R.C.M. 1947, 60-402.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 15. Regulation of Petroleum Products › Part 2. Price Discrimination › 82-15-202. Purpose

82-15-202. Purpose.
This part is intended to compel a person, firm, company, association, or corporation doing business in the state of Montana and engaged in the selling of and dealing in standard petroleum products to treat a customer in one part of the state of Montana on an equal basis with a customer in another part of the state or in the nearest adjoining state and to promote the uniform application of the law of the state of Montana providing a tax on gasoline used by a motor vehicle when traveling over a public highway. This part shall be liberally construed to accomplish those purposes.
History: En. Sec. 3, Ch. 111, L. 1935; re-en. Sec. 4193.3, R.C.M. 1935; R.C.M. 1947, 60-403; amd. Sec. 8, Ch. 201, L. 1979.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 15. Regulation of Petroleum Products › Part 2. Price Discrimination › 82-15-203. Discrimination in price of petroleum products

82-15-203. Discrimination in price of petroleum products.
(1) Any person, firm, company, association, or corporation, either domestic or foreign, doing business in the state of Montana and engaged in the selling of any standard petroleum product that shall demand or collect from any person or customer a higher price for any standard petroleum product in one part of the state of Montana than the price being demanded or collected at substantially the same time by such person, firm, company, association, or corporation from other persons or customers in another part of the state of Montana or in the nearest adjoining state for a like article of standard petroleum product shall be guilty of discrimination which is hereby declared to be a fraud and the agents or officers of such person, firm, company, association, or corporation participating, guilty of a misdemeanor.
(2) In the trial of an action under the provisions of this part, in the determination of the justification of the price demanded or collected by a person, firm, company, association, or corporation charged with a violation of the provisions of this part, transportation, quantity of sales, emergencies, cost of doing business, or similar differences under the respective conditions may be offered as a matter of defense or justification for the differences in price demanded or collected. When competent evidence is offered in the trial of any action under this part of a demand for or the receipt of a higher price for any standard petroleum product in the state of Montana by any person, firm, company, association, or corporation than such person, firm, company, association, or corporation demanded, collected, or received at substantially the same time for the same or a similar article of standard petroleum product in another part of the state of Montana or in the nearest adjoining state, the burden of proof shall then be upon such person, firm, company, association, or corporation or agents or officers on trial to prove that the difference in the price demanded or collected was justified.
History: En. Sec. 1, Ch. 111, L. 1935; re-en. Sec. 4193.1, R.C.M. 1935; R.C.M. 1947, 60-401.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 15. Regulation of Petroleum Products › Part 2. Price Discrimination › 82-15-204. Investigation of complaints -- revocation of license

82-15-204. Investigation of complaints -- revocation of license.
If a complaint is made to the attorney general that a person, firm, company, association, or corporation is guilty of discrimination as defined by this part, the attorney general shall investigate the complaint in a timely manner, and for that purpose the attorney general shall subpoena witnesses, administer oaths, take testimony, and require the production of books or other documents, and if, in the attorney general's opinion, sufficient grounds exist, the attorney general shall prosecute an action in the name of the state in the proper court to annul the charter or revoke the permit or license of the person, firm, company, association, or corporation, as the case may be, and to permanently enjoin the person, firm, company, association, or corporation from doing business in this state. If in the action the court finds that the person, firm, company, association, or corporation is guilty of discrimination as defined by this part, the court shall annul the charter or revoke the permit or license of the person, firm, company, association, or corporation and may permanently enjoin it or them from transacting business in this state.
History: En. Sec. 4, Ch. 111, L. 1935; re-en. Sec. 4193.4, R.C.M. 1935; R.C.M. 1947, 60-404; amd. Sec. 2752, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 15. Regulation of Petroleum Products › Part 2. Price Discrimination › 82-15-205. County attorney to prosecute violations

82-15-205. County attorney to prosecute violations.
If a person presents to the county attorney of any county in which the discriminatory acts of a person, firm, company, association, or corporation have been committed a sworn written statement of the price paid, the date, and the parties selling and buying and reasonably reliable information of the price demanded or collected by the person, firm, company, association, or corporation for a corresponding or similar article of standard petroleum product sold or offered for sale in another part of the state of Montana or in the nearest adjoining state by the person, firm, company, association, or corporation, the county attorney shall promptly investigate and either commence and prosecute an action or furnish the informant with a written statement of reasons for not commencing and prosecuting an action under this part.
History: En. Sec. 4-A, Ch. 111, L. 1935; re-en. Sec. 4193.5, R.C.M. 1935; R.C.M. 1947, 60-405; amd. Sec. 2753, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 15. Regulation of Petroleum Products › Part 2. Price Discrimination › 82-15-206. Penalty

82-15-206. Penalty.
Any person, firm, company, association, or corporation violating any of the provisions of this part shall be guilty of a misdemeanor and shall be punishable by a fine of not exceeding $500.
History: En. Sec. 5, Ch. 111, L. 1935; re-en. Sec. 4193.6, R.C.M. 1935; R.C.M. 1947, 60-406.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 15. Regulation of Petroleum Products › Part 2. Price Discrimination › 82-15-207. Liability for civil and exemplary damages

82-15-207. Liability for civil and exemplary damages.
In addition to the penalty above prescribed, any customer of such person, firm, company, association, or corporation may bring a civil action in any county in which such offending person, firm, company, association, or corporation may be doing business and recover therein not only actual damages for violation of this part but also exemplary damages for such reasonable sum as the jury may deem proper punishment for the unlawful practice of discrimination as herein defined.
History: En. Sec. 6, Ch. 111, L. 1935; re-en. Sec. 4193.7, R.C.M. 1935; R.C.M. 1947, 60-407.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 1. Water Resources › Part 1. General Provisions › 85-1-101. Policy considerations

85-1-101. Policy considerations.
It is hereby declared as follows:
(1) The general welfare of the people of Montana, in view of the state's population growth and expanding economy, requires that water resources of the state be put to optimum beneficial use and not wasted.
(2) The public policy of the state is to promote the conservation, development, and beneficial use of the state's water resources to secure maximum economic and social prosperity for its citizens.
(3) The state, in the exercise of its sovereign power, acting through the department of natural resources and conservation, shall coordinate the development and use of the water resources of the state so as to effect full utilization, conservation, and protection of its water resources.
(4) The development and utilization of water resources and the efficient, economic distribution thereof are vital to the people in order to protect existing uses and to assure adequate future supplies for domestic, industrial, agricultural, and other beneficial uses.
(5) The water resources of the state must be protected and conserved to assure adequate supplies for public recreational purposes and for the conservation of wildlife and aquatic life.
(6) The public interest requires the construction, operation, and maintenance of a system of works for the conservation, development, storage, distribution, and utilization of water, which construction, operation, and maintenance is a single object and is in all respects for the welfare and benefit of the people of the state.
(7) It is necessary to coordinate local, state, and federal water resource development and utilization plans and projects through a single agency of state government, the department of natural resources and conservation.
(8) The greatest economic benefit to the people of Montana can be secured only by the sound coordination of development and utilization of water resources with the development and utilization of all other resources of the state.
(9) Any attempt to gain control of or speculate on large quantities of ground water of the state of Montana is not in the interest of the people and is to be restricted.
(10) To achieve these objectives and to protect the waters of Montana from diversion to other areas of the nation, it is essential that a comprehensive, coordinated multiple-use water resource plan be progressively formulated, to be known as the "state water plan".
History: En. Sec. 2, Ch. 158, L. 1967; amd. Sec. 119, Ch. 253, L. 1974; R.C.M. 1947, 89-101.2; amd. Sec. 1, Ch. 631, L. 1979.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 1. Water Resources › Part 1. General Provisions › 85-1-103. Interpretation of title

85-1-103. Interpretation of title.
The object of this title is to promote the prosperity and welfare of the people of Montana through the sound management of the state's water resources, and its provisions are to be given a liberal interpretation.
History: En. Sec. 66, Ch. 146, L. 1909; re-en. Sec. 7262, R.C.M. 1921; re-en. Sec. 7262, R.C.M. 1935; amd. Sec. 38, Ch. 460, L. 1977; R.C.M. 1947, 89-2109.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 1. Water Resources › Part 1. General Provisions › 85-1-111. Public ways

85-1-111. Public ways.
Navigable waters and all streams of sufficient capacity to transport the products of the country are public ways for the purposes of navigation and such transportation. This section shall not be construed so as to affect or impair, in any manner, any rights acquired prior to July 1, 1901, by any person, association of persons, or corporation. The right of any person, association of persons, or corporation to take and use any water, as now provided by law, from any stream or streams for the purpose of irrigation or any beneficial or industrial pursuit shall not be abridged.
History: En. Sec. 2570, Pol. C. 1895; amd. Sec. 1, p. 126, L. 1901; re-en. Sec. 1326, Rev. C. 1907; re-en. Sec. 1604, R.C.M. 1921; Cal. Pol. C. Sec. 2348; re-en. Sec. 1604, R.C.M. 1935; R.C.M. 1947, 89-501.