Montana § 85-2-228 Federal Reserved Water Rights With Priority Date Of July 1, 1973, Or Later -- Process And Adjudication -- Purpose

Montana Statutes

§ 85-2-228 — Federal Reserved Water Rights With Priority Date Of July 1, 1973, Or Later -- Process And Adjudication -- Purpose

Montana § 85-2-228

Title 85WATER USE

Ch. 2SURFACE WATER AND GROUND WATER

Part 2Adjudication of Water Rights

This text of Montana § 85-2-228 (Federal Reserved Water Rights With Priority Date Of July 1, 1973, Or Later -- Process And Adjudication -- Purpose) 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. § 85-2-228 (2026).

Text

85-2-228 . Federal reserved water rights with priority date of July 1, 1973, or later -- process and adjudication -- purpose.

(1)The purpose of this section is to ensure that a federal reserved water right with a priority date of July 1, 1973, or later is subject to the same process and adjudication as a federal reserved water right with a priority date before July 1, 1973.

(2)Under authority granted to the states by 43 U.S.C. 666, a federal reserved water right that has a priority date of July 1, 1973, or later and that is asserted by a federal agency is subject to the claim filing requirements and all other applicable requirements of the state water adjudication system provided for in Title 85, chapter 2, parts 2 and 7.

(3)At the request of a federal agency, the reserved water rights

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85-2-228 . Federal reserved water rights with priority date of July 1, 1973, or later -- process and adjudication -- purpose. (1) The purpose of this section is to ensure that a federal reserved water right with a priority date of July 1, 1973, or later is subject to the same process and adjudication as a federal reserved water right with a priority date before July 1, 1973.
(2) Under authority granted to the states by 43 U.S.C. 666, a federal reserved water right that has a priority date of July 1, 1973, or later and that is asserted by a federal agency is subject to the claim filing requirements and all other applicable requirements of the state water adjudication system provided for in Title 85, chapter 2, parts 2 and 7.
(3) At the request of a federal agency, the reserved water rights compact commission may negotiate to conclude a compact under Title 85, chapter 2, part 7, for a federal reserved water right with a priority date of July 1, 1973, or later.
(4) Whenever necessary, a water judge may reopen any decree issued pursuant to Title 85, chapter 2, to process the asserted or negotiated federal reserved water right.