Montana § 85-2-156 Policy Considerations

Montana Statutes

§ 85-2-156 — Policy Considerations

Montana § 85-2-156

Title 85WATER USE

Ch. 2SURFACE WATER AND GROUND WATER

Part 1General Provisions

This text of Montana § 85-2-156 (Policy Considerations) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 85-2-156 (2026).

Text

85-2-156 . Policy considerations.

(1)Article IX, section 3(3), of the Montana constitution declares that all surface, underground, flood, and atmospheric waters within the boundaries of the state are the property of the state for the use of its people and are subject to appropriation for beneficial uses as provided by law.

(2)The legal appropriation of water requires that the water be legally and physically available for appropriation.

(3)The measurement and monitoring of streamflow supports the state's ability to determine when water is physically and legally available to meet new demands while protecting existing water rights.

(4)The effective management and distribution of water depends on an accurate, real-time measurement of streamflow.

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85-2-156 . Policy considerations. (1) Article IX, section 3(3), of the Montana constitution declares that all surface, underground, flood, and atmospheric waters within the boundaries of the state are the property of the state for the use of its people and are subject to appropriation for beneficial uses as provided by law.
(2) The legal appropriation of water requires that the water be legally and physically available for appropriation.
(3) The measurement and monitoring of streamflow supports the state's ability to determine when water is physically and legally available to meet new demands while protecting existing water rights.
(4) The effective management and distribution of water depends on an accurate, real-time measurement of streamflow.