reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 4. Utilization of Water › 85-2-412. Return of surplus water to stream

85-2-412. Return of surplus water to stream.
If, by virtue of prior appropriation, a person has diverted all the water of any stream or to an extent that there may not be an amount sufficient left for those having a subsequent right to the waters of the stream and there is, at any time, a surplus of water so diverted, over and above what is actually and necessarily used by the prior appropriator, the prior appropriator must be required to turn and cause to flow back into the stream the surplus water. Upon failure to do so within 24 hours after demand being made upon the prior appropriator in writing, to the prior appropriator in person or at the prior appropriator's place of residence, by any person having a right to the use of the surplus water, the person diverting the water is liable to the person aggrieved for the damage resulting from the diversion in a sum determined by court.
History: En. Sec. 1, p. 52, L. 1879; re-en. Sec. 731, p. 562, 5th Div. Rev. Stat. 1879; re-en. Sec. 1239, 5th Div. Comp. Stat. 1887; amd. Sec. 1884, Civ. C. 1895; re-en. Sec. 1, Ch. 56, L. 1907; Sec. 4844, Rev. C. 1907; re-en. Sec. 7097, R.C.M. 1921; re-en. Sec. 7097, R.C.M. 1935; R.C.M. 1947, 89-805; amd. Sec. 2762, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 4. Utilization of Water › 85-2-413. Diversion of natural flow of waters -- when permitted

85-2-413. Diversion of natural flow of waters -- when permitted.
A person who owns or is in possession of lands susceptible of irrigation from any stream, the waters of which are so diminished by prior appropriations that a sufficient amount of water for the irrigation of the person's lands cannot be obtained from the natural flow of the stream, and who constructs a reservoir or purchases or leases water from a reservoir owned by the department or another or otherwise acquires an interest in the reservoir or in water stored in the reservoir, which is located so that because of natural or other obstacles the water impounded in the reservoir cannot be conducted to the lands that the person desires to irrigate, may, if the stored water can be discharged into the stream in a manner that it can be used beneficially by prior appropriators, divert the natural flow of the stream for the irrigation of the person's lands in lieu of an equal amount of stored water. However, an exchange of water under this section must be made without injury to prior appropriators.
History: En. Sec. 1, Ch. 39, L. 1937; amd. Sec. 155, Ch. 253, L. 1974; R.C.M. 1947, 89-806; amd. Sec. 2763, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 4. Utilization of Water › 85-2-414. Conduction of water

85-2-414. Conduction of water.
The right to conduct water from or over the land of another for any beneficial use includes the right to raise any water by means of dams, reservoirs, or embankments to a sufficient height to make the same available for the use intended, and the right to any and all land necessary therefor may be acquired upon payment of just compensation in the manner provided by law for the taking of private property for public use. If it is necessary to conduct the water across the right-of-way of any railroad, it shall be the duty of the owners of the ditch or flume to give 30 days' notice in writing to the owner or owners of such railway of their intention to construct a ditch or flume across the right-of-way of such railroad, the point at which the ditch or flume will cross the railroad, and the time when the construction of said ditch or flume will be made. If the owner or owners of such railroad or their agent fail to appear and attend at the time and place fixed in said notice, it shall be lawful for the owner or owners of the said flume or ditch to construct the same across the right-of-way of such railroad without further notice to said owner or owners of the railroad.
History: En. Sec. 1894, Civ. C. 1895; re-en. Sec. 4857, Rev. C. 1907; re-en. Sec. 7110, R.C.M. 1921; re-en. Sec. 7110, R.C.M. 1935; R.C.M. 1947, 89-820.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 4. Utilization of Water › 85-2-415. Owners of water to sell surplus

85-2-415. Owners of water to sell surplus.
Any person having the right to use, sell, or dispose of water and engage in using, selling, or disposing of the same who has a surplus of water not used or sold or any person having a surplus of water and the right to sell and dispose of the same is required, upon the payment or tender to the person entitled thereto of an amount equal to the usual and customary rates per inch or cubic foot of water per second, to convey and deliver to the person the surplus of unsold water or so much thereof for which the payment or tender has been made and shall continue to convey and deliver the same weekly so long as the surplus of unused or unsold water exists and the payment or tender is made as aforesaid.
History: En. Sec. 1, p. 406, L. 1877; re-en. Sec. 742, 5th Div. Rev. Stat. 1879; re-en. Sec. 1263, 5th Div. Comp. Stat. 1887; re-en. Sec. 1897, Civ. C. 1895; re-en. Sec. 4860, Rev. C. 1907; re-en. Sec. 7113, R.C.M. 1921; re-en. Sec. 7113, R.C.M. 1935; amd. Sec. 6, Ch. 460, L. 1977; R.C.M. 1947, 89-823.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 4. Utilization of Water › 85-2-416. Duty of purchaser to dig ditches

85-2-416. Duty of purchaser to dig ditches.
A person desiring to purchase surplus water pursuant to 85-2-415 shall, at the person's own cost and expense, construct or dig the necessary flumes or ditches to receive and convey the surplus water desired by the person and pay or tender to the person having the right to the use, sale, or disposal of that water an amount equal to the necessary cost and expense of tapping any gulch, stream, reservoir, ditch, flume, or aqueduct and putting in gates, gauges, or other proper and necessary appliances usual and customary, and until that work is done, the delivery of the surplus water may not be required as provided in 85-2-415.
History: En. Sec. 2, p. 406, L. 1877; re-en. Sec. 743, 5th Div. Rev. Stat. 1879; re-en. Sec. 1264, 5th Div. Comp. Stat. 1887; re-en. Sec. 1898, Civ. C. 1895; re-en. Sec. 4861, Rev. C. 1907; re-en. Sec. 7114, R.C.M. 1921; re-en. Sec. 7114, R.C.M. 1935; R.C.M. 1947, 89-824; amd. Sec. 2764, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 4. Utilization of Water › 85-2-417. Enforcement of right to surplus

85-2-417. Enforcement of right to surplus.
Any person constructing the necessary ditches, aqueducts, or flumes and making the payments or tenders hereinbefore provided is entitled to the use of so much of the surplus water as said ditches, flumes, or aqueducts have the capacity to carry and for which payment or tender is made and may institute and maintain any appropriate action at law or in equity for the enforcement of such right or recovery of damages arising from a failure to deliver or wrongful diversion of the same.
History: En. Sec. 3, p. 406, L. 1877; re-en. Sec. 744, 5th Div. Rev. Stat. 1879; re-en. Sec. 1265, 5th Div. Comp. Stat. 1887; re-en. Sec. 1899, Civ. C. 1895; re-en. Sec. 4862, Rev. C. 1907; re-en. Sec. 7115, R.C.M. 1921; re-en. Sec. 7115, R.C.M. 1935; R.C.M. 1947, 89-825.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 4. Utilization of Water › 85-2-418. Purchaser not to sell surplus water

85-2-418. Purchaser not to sell surplus water.
Sections 85-2-415 through 85-2-417 may not be construed to give the person acquiring the right to the use of water, as provided in those sections, the right to sell or dispose of the water after being used by the person or to prevent the original owner or proprietor from retaking, selling, and disposing of the water in the usual and customary manner after it is used as provided in those sections.
History: En. Sec. 4, p. 407, L. 1877; re-en. Sec. 745, 5th Div. Rev. Stat. 1879; re-en. Sec. 1266, 5th Div. Comp. Stat. 1887; re-en. Sec. 1900, Civ. C. 1895; re-en. Sec. 4863, Rev. C. 1907; re-en. Sec. 7116, R.C.M. 1921; re-en. Sec. 7116, R.C.M. 1935; R.C.M. 1947, 89-826; amd. Sec. 2765, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 4. Utilization of Water › 85-2-419. Salvaged water

85-2-419. Salvaged water.
It is the declared policy of the state in 85-1-101 to encourage the conservation and full use of water. Consistent with this policy, holders of appropriation rights who salvage water may retain the right to the salvaged water for beneficial use. Except for a short-term lease pursuant to 85-2-410, any use of the right to salvaged water for any purpose or in any place other than that associated with the original appropriation right must be approved by the department as a change in appropriation right in accordance with 85-2-402 and 85-2-436, if applicable. Sale of the right to salvaged water must also be in accordance with 85-2-403, and the lease of the right to salvaged water must be in accordance with 85-2-408, 85-2-410, or 85-2-436.
History: En. Sec. 1, Ch. 308, L. 1991; amd. Sec. 1, Ch. 123, L. 1999; amd. Sec. 5, Ch. 381, L. 2001; amd. Sec. 7, Ch. 85, L. 2005; amd. Sec. 4, Ch. 448, L. 2007.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 4. Utilization of Water › 85-2-420. Change in appropriation right for aquifer recharge or mitigation -- marketing

85-2-420. Change in appropriation right for aquifer recharge or mitigation -- marketing.
(1) Subject to 85-2-402 and this section, an appropriator may apply for a change in appropriation right for the purpose of aquifer recharge or mitigation or for the purpose of marketing water for aquifer recharge or mitigation.
(2) During the completion period authorized by the department for a change pursuant to this section, the appropriator may continue to use the appropriation right for any authorized beneficial use provided that proportionate amounts of the appropriation right are retired as the mitigation or aquifer recharge beneficial use is perfected.
(3) (a) If the full amount of the appropriation right is not sold or marketed as mitigation or aquifer recharge prior to the completion date, the water right retains the beneficial uses authorized prior to the change approved pursuant to this section.
(b) For an appropriation right that retains the original beneficial uses pursuant to this section, if the water retained for the original beneficial uses and the amount sold or marketed for mitigation or aquifer recharge are:
(i) not diverted at a common point of diversion, the flow rate and volume of water retained at the point of diversion for the original beneficial uses must be equal to the flow rate and volume allowed under the original beneficial uses minus the amount sold or marketed for mitigation or aquifer recharge; or
(ii) diverted at a common point of diversion, the entire flow rate and volume of the appropriation is allowed from the common point of diversion.
(4) As part of a change in appropriation right approved pursuant to this section, the department shall:
(a) determine a period for the change in appropriation right to be completed that does not exceed 20 years;
(b) determine an appropriate location for measuring the amount of water that will be used for mitigation or aquifer recharge and, if necessary, require installation of a measuring device; and
(c) require the appropriator to notify the department within 30 days each time a portion of the change is completed.
History: En. Sec. 1, Ch. 29, L. 2011; amd. Sec. 1, Ch. 222, L. 2019.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 4. Utilization of Water › 85-2-421. Purpose

85-2-421. Purpose.
The purpose of 85-2-421 through 85-2-424 and 85-2-426 is to facilitate the maintenance of a reliable record of water right ownership.
History: En. Sec. 1, Ch. 674, L. 1983; amd. Sec. 1, Ch. 271, L. 1985; amd. Sec. 146, Ch. 370, L. 1987; amd. Sec. 10, Ch. 70, L. 2005; amd. Sec. 2, Ch. 366, L. 2007.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 4. Utilization of Water › 85-2-422. Repealed

85-2-422. Repealed.
Sec. 5, Ch. 59, L. 2019.
History: En. Sec. 2, Ch. 674, L. 1983; amd. Sec. 147, Ch. 370, L. 1987; amd. Sec. 3, Ch. 366, L. 2007.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 4. Utilization of Water › 85-2-423. Water right ownership update form

85-2-423. Water right ownership update form.
The chief water judge and the department shall prescribe the form and content of the water right ownership update form.
History: En. Sec. 3, Ch. 674, L. 1983; amd. Sec. 11, Ch. 70, L. 2005.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 4. Utilization of Water › 85-2-426. Fee

85-2-426. Fee.
(1) The department shall by rule prescribe a fee that may not be higher than necessary to cover the cost to the department of updating its water right ownership records. A fee must be paid:
(a) at closing when the realty transfer certificate discloses the transfer of a water right; or
(b) at the time of filing of the water right ownership update form or the form describing the severance or exempting of the water right.
(2) The fee must be deposited in the water right appropriation account provided for in 85-2-318.
History: En. Sec. 6, Ch. 674, L. 1983; amd. Sec. 3, Ch. 271, L. 1985; amd. Sec. 456, Ch. 418, L. 1995; amd. Sec. 13, Ch. 70, L. 2005; amd. Sec. 5, Ch. 366, L. 2007.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 4. Utilization of Water › 85-2-427. Terminated

85-2-427. Terminated.
Sec. 4, Ch. 236, L. 2013.
History: En. Sec. 1, Ch. 236, L. 2013; amd. Sec. 9, Ch. 294, L. 2015.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 4. Utilization of Water › 85-2-431. Penalty

85-2-431. Penalty.
(1) A person who fails to comply with the requirements of 85-2-424 is liable for a civil penalty of not more than $300.
(2) An action to recover the penalty may be brought by the department and filed in the district court in the county where the real property is located.
(3) The department may recover its reasonable costs for recovering the penalty, including but not limited to attorney fees and costs incurred during collection.
(4) Any penalty fee collected under this section must be deposited in the water right appropriation account provided for in 85-2-318.
History: En. Sec. 4, Ch. 271, L. 1985; amd. Sec. 4, Ch. 167, L. 1997; amd. Sec. 14, Ch. 70, L. 2005; amd. Sec. 6, Ch. 366, L. 2007; amd. Sec. 2, Ch. 260, L. 2021; amd. Sec. 53, Ch. 535, L. 2021.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 4. Utilization of Water › 85-2-437. Repealed

85-2-437. Repealed.
Sec. 8, Ch. 448, L. 2007.
History: En. Sec. 4, Ch. 658, L. 1989; amd. Sec. 2, Ch. 740, L. 1991; amd. Sec. 2, Ch. 175, L. 1993; amd. Sec. 458, Ch. 418, L. 1995; amd. Sec. 3, Ch. 123, L. 1999.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 4. Utilization of Water › 85-2-438. Repealed

85-2-438. Repealed.
Sec. 8, Ch. 448, L. 2007.
History: En. Sec. 3, Ch. 740, L. 1991; amd. Sec. 4, Ch. 123, L. 1999.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 4. Utilization of Water › 85-2-441. Temporary use of a water right on state trust land -- restrictions on state ownership -- rescinding of noncompliant ownership interests required

85-2-441. Temporary use of a water right on state trust land -- restrictions on state ownership -- rescinding of noncompliant ownership interests required.
(1) A water right owner may put water from a well or developed spring with ground water development works located on private land to beneficial use on state trust land for the duration of a state land lease the water right owner holds.
(2) The state may not obtain an ownership interest in a water right or the ground water development works of a water right that is diverted from a well or developed spring located on private land exclusively based on trustee obligations for state trust land unless:
(a) a court of competent jurisdiction determines that the state is an owner of that particular water right; or
(b) the state is in possession of a deed transferring ownership of the water right to the state.
(3) Before September 30, 2019, the state shall rescind any claim of ownership it asserted or acquired to satisfy trustee obligations for state trust land prior to May 11, 2019, in a water right or ground water development works that do not meet the requirements of subsection (2).
(4) For the purposes of this section, "state trust land" has the meaning provided in 77-1-101.
History: En. Sec. 1, Ch. 432, L. 2019.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 5. Ground Water › 85-2-501. Definitions

85-2-501. Definitions.
Unless the context requires otherwise, in this part the following definitions apply:
(1) "Aquifer" means any underground geological structure or formation that is capable of yielding water in usable quantities or is capable of recharge.
(2) "Aquifer test" means stressing an aquifer by removing or adding water at a known rate or changing the pressure by a known quantity and measuring the resultant change in hydraulic head for the purpose of determining the aquifer's hydraulic properties near the tested well.
(3) "Bureau" means the Montana state bureau of mines and geology provided for in 20-25-211.
(4) "Ground water" means any water that is beneath the ground surface.
(5) "Ground water area" means an area that, as nearly as known facts permit, may be designated so as to enclose a single and distinct body of ground water, which must be described horizontally by surface description in all cases and which may be limited vertically by describing known geological formations if conditions dictate vertical limits to be desirable.
History: En. Sec. 1, Ch. 237, L. 1961; amd. Sec. 16, Ch. 280, L. 1965; amd. Sec. 1, Ch. 307, L. 1971; amd. Sec. 40, Ch. 452, L. 1973; amd. Sec. 167, Ch. 253, L. 1974; amd. Sec. 8, Ch. 460, L. 1977; R.C.M. 1947, 89-2911(part); amd. Sec. 1, Ch. 561, L. 1979; amd. Sec. 11, Ch. 805, L. 1991; amd. Sec. 1, Ch. 412, L. 2007; amd. Sec. 3, Ch. 86, L. 2009.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 5. Ground Water › 85-2-502. Administrative rules

85-2-502. Administrative rules.
The department may prescribe and enforce reasonable rules concerning and providing for inspection and entry, the circumstances under which the construction of weirs or other measuring devices may be required, and other similar matters that are required by and consistent with the administration of this part.
History: En. Sec. 21, Ch. 237, L. 1961; amd. Sec. 177, Ch. 253, L. 1974; R.C.M. 1947, 89-2931; amd. Sec. 459, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 5. Ground Water › 85-2-503. Controlled ground water subareas

85-2-503. Controlled ground water subareas.
For purposes of administration, large ground water areas may be divided into convenient administrative units known as subareas.
History: En. Sec. 1, Ch. 237, L. 1961; amd. Sec. 16, Ch. 280, L. 1965; amd. Sec. 1, Ch. 307, L. 1971; amd. Sec. 40, Ch. 452, L. 1973; amd. Sec. 167, Ch. 253, L. 1974; amd. Sec. 8, Ch. 460, L. 1977; R.C.M. 1947, 89-2911(part).
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 5. Ground Water › 85-2-504. Standards for determining fresh water

85-2-504. Standards for determining fresh water.
Fresh water shall be considered to be water fit for domestic, livestock, or agricultural use. The department, after notice and hearing, may fix definite standards for determining fresh water in any controlled ground water area or subarea of the state.
History: En. Sec. 1, Ch. 237, L. 1961; amd. Sec. 16, Ch. 280, L. 1965; amd. Sec. 1, Ch. 307, L. 1971; amd. Sec. 40, Ch. 452, L. 1973; amd. Sec. 167, Ch. 253, L. 1974; amd. Sec. 8, Ch. 460, L. 1977; R.C.M. 1947, 89-2911(part).
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 5. Ground Water › 85-2-505. Waste and contamination of ground water prohibited

85-2-505. Waste and contamination of ground water prohibited.
(1) No ground water may be wasted. The department shall require all wells producing waters that contaminate other waters to be plugged or capped. It shall also require all flowing wells to be so capped or equipped with valves that the flow of water can be stopped when the water is not being put to beneficial use. Likewise, both flowing and nonflowing wells must be so constructed and maintained as to prevent the waste, contamination, or pollution of ground water through leaky casings, pipes, fittings, valves, or pumps either above or below the land surface. However, in the following cases the withdrawal or use of ground water may not be construed as waste under this part:
(a) the withdrawal of reasonable quantities of ground water in connection with the construction, development, testing, or repair of a well or other means of withdrawal of ground water;
(b) the inadvertent loss of ground water owing to breakage of a pump, valve, pipe, or fitting, if reasonable diligence is shown by the person in effecting the necessary repair;
(c) the disposal of ground water without further beneficial use that must be withdrawn for the sole purpose of improving or preserving the utility of land by draining the same or that must be removed from a mine to permit mining operations or to preserve the mine in good condition;
(d) the disposal of ground water used in connection with producing, reducing, smelting, and milling metallic ores and industrial minerals or that displaced from an aquifer by the storage of other mineral resources; and
(e) the management, discharge, or reinjection of ground water produced in association with a coal bed methane well in accordance with 82-11-175(2)(b) through (2)(d).
(2) The department at any time may hold a hearing on its own motion or upon petition signed by a representative body of users of ground water in any area or subarea to determine whether the water supply within that area or subarea is used in compliance with this part.
History: En. Sec. 16, Ch. 237, L. 1961; amd. Sec. 173, Ch. 253, L. 1974; amd. Sec. 47, Ch. 460, L. 1977; R.C.M. 1947, 89-2926; amd. Sec. 5, Ch. 578, L. 2001.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 5. Ground Water › 85-2-507. Repealed

85-2-507. Repealed.
Sec. 8, Ch. 86, L. 2009.
History: En. Sec. 5, Ch. 237, L. 1961; amd. Sec. 41, Ch. 452, L. 1973; amd. Sec. 169, Ch. 253, L. 1974; R.C.M. 1947, 89-2915; amd. Sec. 3, Ch. 561, L. 1979; amd. Sec. 148, Ch. 370, L. 1987; amd. Sec. 461, Ch. 418, L. 1995; amd. Sec. 5, Ch. 161, L. 2005.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 5. Ground Water › 85-2-508. Controlled ground water areas -- permits to appropriate

85-2-508. Controlled ground water areas -- permits to appropriate.
(1) A person may appropriate ground water in a controlled ground water area by:
(a) applying for and receiving a permit from the department in accordance with part 3 of this chapter; or
(b) following the requirements of a rule promulgated pursuant to 85-2-506.
(2) The department may not grant a permit if the withdrawal would be beyond the capacity of the aquifer or aquifers in the controlled ground water area to yield ground water within a reasonable or feasible pumping lift, in the case of pumping developments, or within a reasonable or feasible reduction of pressure, in the case of artesian developments.
History: En. Sec. 8, Ch. 237, L. 1961; amd. Sec. 43, Ch. 452, L. 1973; amd. Sec. 172, Ch. 253, L. 1974; R.C.M. 1947, 89-2918; amd. Sec. 6, Ch. 161, L. 2005; amd. Sec. 6, Ch. 86, L. 2009.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 5. Ground Water › 85-2-509. Repealed

85-2-509. Repealed.
Sec. 8, Ch. 86, L. 2009.
History: En. Sec. 6, Ch. 237, L. 1961; amd. Sec. 170, Ch. 253, L. 1974; R.C.M. 1947, 89-2916(1), (3).
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 5. Ground Water › 85-2-510. Production of water from oil and gas wells -- hearings -- jurisdiction of board of oil and gas conservation

85-2-510. Production of water from oil and gas wells -- hearings -- jurisdiction of board of oil and gas conservation.
The regulation of the production, use, or disposal of fresh, brackish, or saline water that is entirely the result of the production of oil or gas, or both, must be under the jurisdiction of the board of oil and gas conservation and is subject to the requirements of 82-11-123. Hearings pertaining to the production, use, or disposal of water from those wells must be held by that board in accordance with the procedures established by that board. The department may petition the board of oil and gas conservation for hearings in regard to those operations, and it must be notified by the board of oil and gas conservation of those hearings instigated by other parties.
History: En. Sec. 6, Ch. 237, L. 1961; amd. Sec. 170, Ch. 253, L. 1974; R.C.M. 1947, 89-2916(2); amd. Sec. 2, Ch. 555, L. 2023.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 5. Ground Water › 85-2-511. Repealed

85-2-511. Repealed.
Sec. 8, Ch. 86, L. 2009.
History: En. Sec. 7, Ch. 237, L. 1961; amd. Sec. 42, Ch. 452, L. 1973; amd. Sec. 171, Ch. 253, L. 1974; R.C.M. 1947, 89-2917.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 5. Ground Water › 85-2-512. Investigations

85-2-512. Investigations.
(1) The department shall compile information for the purpose of enabling it to comply with this part. In compiling this information, the department shall make use of investigations, technical personnel, surveys, and information available from the Montana bureau of mines and geology, the United States geological survey, the board of oil and gas conservation, the department of environmental quality, and any other private, state, or governmental agency.
(2) The department may request specific investigations by the public agencies listed in subsection (1) whenever desired information is not otherwise available.
History: En. Sec. 23, Ch. 237, L. 1961; amd. Sec. 179, Ch. 253, L. 1974; R.C.M. 1947, 89-2933; amd. Sec. 462, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 5. Ground Water › 85-2-513. Repealed

85-2-513. Repealed.
Sec. 8, Ch. 86, L. 2009.
History: En. Sec. 24, Ch. 237, L. 1961; amd. Sec. 180, Ch. 253, L. 1974; R.C.M. 1947, 89-2934.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 5. Ground Water › 85-2-514. Inspection of wells

85-2-514. Inspection of wells.
The department, the state bureau of mines and geology, or the department of environmental quality may enter on the property of any appropriator where a well is situated, at any reasonable hour of the day, for the purpose of investigating any matters in connection with this part.
History: En. Sec. 17, Ch. 237, L. 1961; amd. Sec. 174, Ch. 253, L. 1974; R.C.M. 1947, 89-2927; amd. Sec. 463, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 5. Ground Water › 85-2-515. Information available to public

85-2-515. Information available to public.
Such information as is required or secured under the provisions hereof shall constitute public records and as such shall be available to the public at all reasonable times.
History: En. Sec. 18, Ch. 237, L. 1961; R.C.M. 1947, 89-2928.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 5. Ground Water › 85-2-516. Well logs

85-2-516. Well logs.
(1) Within 60 days after any well is completed, the driller shall file with the bureau a well log report.
(2) Except as provided in subsection (3), the well log report must be filed on a form specified by the department in consultation with the board of water well contractors provided for in 2-15-3307 and the bureau. The driller shall provide a location for the well using at least two methods as specified on the form.
(3) The bureau may allow submission of the well log report in an electronic format that is in accordance with the form specified as provided in subsection (2).
(4) The bureau may return the report for refiling if it is incomplete or incorrect.
History: En. 89-2928.1 by Sec. 44, Ch. 452, L. 1973; amd. Sec. 175, Ch. 253, L. 1974; R.C.M. 1947, 89-2928.1; amd. Sec. 4, Ch. 78, L. 2001; amd. Sec. 1, Ch. 14, L. 2003; amd. Sec. 2, Ch. 412, L. 2007.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 5. Ground Water › 85-2-517. Reports by water well drillers

85-2-517. Reports by water well drillers.
The forms, reports, and information required to be filed by this part are in addition to all other reports and information which the drillers of water wells in the state are required by law to file with agencies of the state.
History: En. Sec. 19, Ch. 237, L. 1961; amd. Sec. 48, Ch. 460, L. 1977; R.C.M. 1947, 89-2929.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 5. Ground Water › 85-2-518. Repealed

85-2-518. Repealed.
Sec. 8, Ch. 86, L. 2009.
History: En. Sec. 22, Ch. 237, L. 1961; amd. Sec. 178, Ch. 253, L. 1974; R.C.M. 1947, 89-2932.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 5. Ground Water › 85-2-519. Repealed

85-2-519. Repealed.
Sec. 500, Ch. 418, L. 1995.
History: En. 89-2934.1 by Sec. 45, Ch. 452, L. 1973; amd. Sec. 181, Ch. 253, L. 1974; R.C.M. 1947, 89-2934.1.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 5. Ground Water › 85-2-520. Repealed

85-2-520. Repealed.
Sec. 8, Ch. 86, L. 2009.
History: En. Sec. 26, Ch. 237, L. 1961; amd. Sec. 182, Ch. 253, L. 1974; R.C.M. 1947, 89-2936; amd. Sec. 464, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 5. Ground Water › 85-2-522. Aquifer tests

85-2-522. Aquifer tests.
(1) Aquifer tests required by a state agency must be forwarded by the agency to the bureau.
(2) Except as provided in subsection (3), the aquifer test report must be filed on a form specified by the department in consultation with the department of environmental quality and the bureau.
(3) The bureau may allow submission of an aquifer test report in an electronic format if it meets the requirements for the form provided for in subsection (2).
History: En. Sec. 3, Ch. 412, L. 2007.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 5. Ground Water › 85-2-523. Rulemaking

85-2-523. Rulemaking.
The department shall adopt rules for the purpose of implementing 85-2-506 and other controlled ground water area statutes. The rules must include but are not limited to petition requirements and the hearing procedure and process for controlled ground water areas.
History: En. Sec. 4, Ch. 86, L. 2009.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 5. Ground Water › 85-2-524. Criteria for petition applications

85-2-524. Criteria for petition applications.
Municipalities, counties, conservation districts, and local water quality districts may establish specific criteria for acceptance of an application to the municipality, county, conservation district, or local water quality district to petition for creation of a controlled ground water area and other criteria necessary to implement this part. Those criteria may include but are not limited to:
(1) the submission of substantial credible evidence that one or more of the criteria provided in 85-2-506(5) are met;
(2) a description of proposed measures, if any, to mitigate effects of the criteria identified in 85-2-506(5);
(3) a description of proposed studies for a temporary controlled ground water area;
(4) a requirement that an application be supported by owners of at least one-fourth of the water rights with a point of diversion of water within the boundaries of the proposed controlled ground water area;
(5) a requirement that an applicant pay an application or processing fee for the application; and
(6) a description of proposed funding for studies for a controlled ground water area.
History: En. Sec. 7, Ch. 86, L. 2009.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 5. Ground Water › 85-2-525. Ground water investigation program -- advisory committee

85-2-525. Ground water investigation program -- advisory committee.
(1) The Montana bureau of mines and geology shall develop and implement a ground water investigation program for the purpose of collecting and compiling ground water and aquifer data. The program shall gather data, compile existing information, conduct field studies, and prepare a detailed hydrogeologic assessment report for each subbasin. The program shall develop a monitoring plan and a hydrogeologic model for each subbasin for which a report is prepared.
(2) The ground water assessment steering committee, established by 2-15-1523, shall prioritize subbasins for investigation based upon current and anticipated growth of agriculture, industry, housing, and commercial activity. Permit applications for the development of surface water or ground water and the timing of adjudication of water rights may be taken into account in prioritizing subbasins.
(3) The bureau of mines and geology shall report, in accordance with 5-11-210, on the work of the ground water investigation program to the water policy committee established in 5-5-231.
History: En. Sec. 1, Ch. 436, L. 2009; amd. Sec. 4, Ch. 465, L. 2019.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 6. Yellowstone River Basin › 85-2-601. Statement of legislative findings and policy

85-2-601. Statement of legislative findings and policy.
The legislature, noting that appropriations have been claimed, that applications have been filed for, and that there is further widespread interest in making substantial appropriations of water in the Yellowstone River basin, finds that these appropriations threaten the depletion of Montana's water resources to the significant detriment of existing and projected agricultural, municipal, recreational, and other uses and of wildlife and aquatic habitat. The legislature further finds that these appropriations foreclose the options to the people of this state to utilize water for other future beneficial purposes, including municipal water supplies, irrigation systems, and minimum flows for the protection of existing rights and aquatic life. The legislature, pursuant to its mandate and authority under Article IX of the Montana constitution, declares that it is the policy of this state that before these proposed appropriations are acted upon, existing rights to water in the Yellowstone basin must be accurately determined for their protection and that reservations of water within the basin must be established as rapidly as possible for the preservation and protection of existing and future beneficial uses.
History: En. 89-8-103 by Sec. 1, Ch. 116, L. 1974; R.C.M. 1947, 89-8-103.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 6. Yellowstone River Basin › 85-2-602. Definitions

85-2-602. Definitions.
Unless the context clearly requires otherwise, in this part the following definitions apply:
(1) (a) "Application" means an application for a permit under part 3 of this chapter to appropriate surface water from any source of supply within the basin for either or both of the following purposes:
(i) a reservoir with a total planned capacity of 14,000 acre-feet or more; or
(ii) for a flow rate greater than 20 cubic feet of water per second.
(b) The term also includes an application for approval under 85-2-402 and 85-2-436, if applicable, to change the purpose of use.
(2) "Basin" means the Yellowstone River basin.
(3) "Reservation" means a reservation of water provided for by 85-2-316.
History: En. 89-8-104 by Sec. 2, Ch. 116, L. 1974; R.C.M. 1947, 89-8-104(Intro.), (2) thru (4); amd. Sec. 6, Ch. 448, L. 2007.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 6. Yellowstone River Basin › 85-2-603. Suspension of action

85-2-603. Suspension of action.
(1) The department may not grant or otherwise take any action on an application until one of the following first occurs:
(a) the department makes a final determination on the applications for reservations of water in the basin filed before January 1, 1977, in accordance with 85-2-316;
(b) a final determination of existing rights has been made in the source of supply in accordance with part 2 of this chapter; or
(c) January 1, 1978. However, if a court stays or enjoins the continuance of proceedings on any pending application for reservation of water in the basin filed before January 1, 1977, and the stay or injunction prevents the board from making a final determination on the application before January 1, 1978, the court shall extend this date by the length of delay incurred. The court may not extend this date beyond January 15, 1979.
(2) A reservation established before an application for permit is granted is a preferred use over the right to appropriate water pursuant to the permit, and the permit, if granted, must be issued subject to that preferred use.
History: En. 89-8-105 by Sec. 3, Ch. 116, L. 1974; amd. Sec. 1, Ch. 26, L. 1977; R.C.M. 1947, 89-8-105; amd. Sec. 465, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 6. Yellowstone River Basin › 85-2-604. When department may suspend action

85-2-604. When department may suspend action.
The department may suspend action on applications not meeting the definition of application in 85-2-602 if it determines, after a public hearing conducted under the contested case procedures of the Montana Administrative Procedure Act, that the cumulative impact of those applications, if granted, would be contrary to the policies and purposes of this part. If the department suspends action on such applications, the provisions of 85-2-603 apply.
History: En. 89-8-106 by Sec. 4, Ch. 116, L. 1974; R.C.M. 1947, 89-8-106.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 6. Yellowstone River Basin › 85-2-605. Reservations

85-2-605. Reservations.
(1) The department may apply for reservations and shall, as rapidly as possible, assist other appropriate state agencies and political subdivisions in applying for reservations within the basin. The United States or any agency of the United States may apply for reservation of water in the basin under 85-2-316 for beneficial use of that water in the state of Montana. Particular emphasis must be given to applications to reserve water for agricultural, municipal, and minimum flow purposes for the protection of existing rights and aquatic life.
(2) Notwithstanding other provisions of this title, the department shall extend the duration of the 14 conservation district reservations and 8 municipal reservations approved by administrative order dated December 15, 1978, in the basin until those reservations are perfected, or until those reservations are revoked pursuant to 85-2-316.
History: En. 89-8-107 by Sec. 5, Ch. 116, L. 1974; amd. Sec. 10, Ch. 416, L. 1977; R.C.M. 1947, 89-8-107; amd. Sec. 1, Ch. 145, L. 1997.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 6. Yellowstone River Basin › 85-2-606. Application of part

85-2-606. Application of part.
This part applies to applications currently pending with the department, as well as applications filed with the department after March 11, 1974.
History: En. 89-8-108 by Sec. 6, Ch. 116, L. 1974; R.C.M. 1947, 89-8-108.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 6. Yellowstone River Basin › 85-2-607. Utility facilities

85-2-607. Utility facilities.
This part does not apply to applications to appropriate water for use by a utility facility for which a certificate of compliance is granted pursuant to the Montana Major Facility Siting Act.
History: En. 89-8-109 by Sec. 7, Ch. 116, L. 1974; R.C.M. 1947, 89-8-109; amd. Sec. 16, Ch. 217, L. 2003.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 6. Yellowstone River Basin › 85-2-608. Certain changes of use allowed

85-2-608. Certain changes of use allowed.
Notwithstanding any provision of this part, the department may approve a change of purpose of use to agricultural, irrigation, domestic, and municipal uses if it determines that the change is not contrary to the policies and purposes of this part.
History: En. 89-8-110 by Sec. 8, Ch. 116, L. 1974; R.C.M. 1947, 89-8-110.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 7. Indian and Federal Water Rights -- Water Rights Within Indian Reservations › 85-2-701. Legislative intent

85-2-701. Legislative intent.
(1) Because the water and water rights within each water division are interrelated, it is the intent of the legislature to conduct unified proceedings for the general adjudication of existing water rights under the Montana Water Use Act. It is the intent of the legislature that the unified proceedings include all claimants of reserved Indian water rights as necessary and indispensable parties under authority granted the state by 43 U.S.C. 666. However, it is further intended that the state of Montana proceed under the provisions of this part in an effort to conclude compacts for the equitable division and apportionment of waters between the state and its people and the several Indian tribes claiming reserved water rights within the state.
(2) To the maximum extent possible, the reserved water rights compact commission established under 2-15-212 should make the negotiation of water rights claimed by the federal government or Indian tribes in or affecting the basins identified by 85-2-218 its highest priority. In negotiations, the commission is acting on behalf of the governor.
History: En. Sec. 27, Ch. 697, L. 1979; amd. Sec. 9, Ch. 651, L. 1987; amd. Sec. 466, Ch. 418, L. 1995; amd. Sec. 298, Ch. 42, L. 1997.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 7. Indian and Federal Water Rights -- Water Rights Within Indian Reservations › 85-2-702. Negotiation with Indian tribes

85-2-702. Negotiation with Indian tribes.
(1) The reserved water rights compact commission, created by 2-15-212, may negotiate with the Indian tribes or their authorized representatives jointly or severally to conclude compacts authorized under 85-2-701. Compact proceedings must be commenced by the commission. The commission shall serve by certified mail directed to the governing body of each tribe a written request for the initiation of negotiations under this part and a request for the designation of an authorized representative of the tribe to conduct compact negotiations. Compact negotiations commence upon receipt of the written designation from the governing body of a tribe.
(2) When the compact commission and the Indian tribes or their authorized representatives have agreed to a compact, they shall sign a copy and file an original copy with the department of state of the United States of America and copies with the secretary of state of Montana and with the governing body for the tribe involved. The compact is effective and binding upon all parties upon ratification by the legislature of Montana and any affected tribal governing body, and approval by the appropriate federal authority.
(3) Upon its ratification by the Montana legislature and the tribe, the terms of a compact must be included in the preliminary decree as provided by 85-2-231, and unless an objection to the compact is sustained under 85-2-233, the terms of the compact must be included in the final decree without alteration. However, if approval of the state legislature and the tribe has not been accomplished by July 1, 2013, all Indian claims for reserved water rights that have not been resolved by a compact must be filed with the department within 24 months. These new filings must be used in the formulation of the preliminary decree and must be given treatment similar to that given to all other filings.
History: En. Sec. 27, Ch. 697, L. 1979; amd. Sec. 8, Ch. 268, L. 1981; amd. Sec. 6, Ch. 667, L. 1985; amd. Sec. 2, Ch. 358, L. 1987; amd. Sec. 3, Ch. 784, L. 1991; amd. Sec. 2, Ch. 44, L. 1997; amd. Sec. 2, Ch. 103, L. 2003; amd. Sec. 2, Ch. 5, L. 2009.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 7. Indian and Federal Water Rights -- Water Rights Within Indian Reservations › 85-2-703. Negotiation with federal government

85-2-703. Negotiation with federal government.
The compact commission may also enter into separate negotiations with the federal government for the conclusion of compacts concerning the equitable division and apportionment of water between the state and its people and the federal government claiming non-Indian reserved waters within the state. The terms and conditions of such negotiations shall be the same as provided in this section for negotiations with Indian tribes.
History: En. Sec. 27, Ch. 697, L. 1979.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 7. Indian and Federal Water Rights -- Water Rights Within Indian Reservations › 85-2-704. Termination of negotiations

85-2-704. Termination of negotiations.
(1) The commission or any negotiating tribe or federal agency may terminate negotiations by providing notice to all parties 30 days in advance of the termination date. On the termination date, the suspension of the application of part 2 provided for in 85-2-217 also terminates. The tribe or federal agency shall file all of its claims for reserved rights within 24 months of the termination of negotiations.
(2) Once negotiations have been terminated pursuant to subsection (1), they may be reopened only by mutual agreement of the parties.
History: En. Sec. 27, Ch. 697, L. 1979; amd. Sec. 9, Ch. 268, L. 1981; amd. Sec. 7, Ch. 667, L. 1985; amd. Sec. 3, Ch. 5, L. 2009.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 7. Indian and Federal Water Rights -- Water Rights Within Indian Reservations › 85-2-705. Status reports to chief water judge

85-2-705. Status reports to chief water judge.
(1) The Montana reserved water rights compact commission must submit to the chief water judge, appointed pursuant to 3-7-221, a report on the status of its negotiations on July 1, 1985, and every 6 months thereafter.
(2) Each report must state which Indian tribes and federal agencies are engaged in negotiations, whether any negotiations with Indian tribes or federal agencies have been terminated, and the progress of negotiations on a tribe-by-tribe and agency-by-agency basis. The report must be made available to the public.
History: En. Sec. 8, Ch. 667, L. 1985.