Montana § 85-2-301 Right To Appropriate -- Recognition And Confirmation Of Permits Issued After July 1, 1973

Montana Statutes

§ 85-2-301 — Right To Appropriate -- Recognition And Confirmation Of Permits Issued After July 1, 1973

Montana § 85-2-301

Title 85WATER USE

Ch. 2SURFACE WATER AND GROUND WATER

Part 3Appropriations, Permits, and Certificates of Water Rights

This text of Montana § 85-2-301 (Right To Appropriate -- Recognition And Confirmation Of Permits Issued After July 1, 1973) 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. § 85-2-301 (2026).

Text

85-2-301 . Right to appropriate -- recognition and confirmation of permits issued after July 1, 1973.

(1)After July 1, 1973, a person may not appropriate water except as provided in this chapter. A person may appropriate water only for a beneficial use.

(2)(a) Only the department may appropriate water by permit for transport outside the following river basins:

(i)the Clark Fork River and its tributaries to its confluence with Lake Pend Oreille in Idaho;

(ii)the Kootenai River and its tributaries to its confluence with Kootenay Lake in British Columbia;

(iii)the St. Mary River and its tributaries to its confluence with the Oldman River in Alberta;

(iv)the Little Missouri River and its tributaries to its confluence with Lake Sakakawea in North Dakota;

(v)the Missouri River and its tri

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85-2-301 . Right to appropriate -- recognition and confirmation of permits issued after July 1, 1973. (1) After July 1, 1973, a person may not appropriate water except as provided in this chapter. A person may appropriate water only for a beneficial use.
(2) (a) Only the department may appropriate water by permit for transport outside the following river basins:
(i) the Clark Fork River and its tributaries to its confluence with Lake Pend Oreille in Idaho;
(ii) the Kootenai River and its tributaries to its confluence with Kootenay Lake in British Columbia;
(iii) the St. Mary River and its tributaries to its confluence with the Oldman River in Alberta;
(iv) the Little Missouri River and its tributaries to its confluence with Lake Sakakawea in North Dakota;
(v) the Missouri River and its tributaries to its confluence with the Yellowstone River in North Dakota; and
(vi) the Yellowstone River and its tributaries to its confluence with the Missouri River in North Dakota.
(b) The department may lease water subject to this subsection (2) under the provisions of 85-2-141 .
(3) A right to appropriate water may not be acquired by any other method, including by adverse use, adverse possession, prescription, or estoppel. The method prescribed by this chapter is exclusive.
(4) All permit actions of the department after July 1, 1973, are recognized and confirmed subject to this part and any terms, conditions, and limitations placed on a permit by the department.
(5) Pursuant to 85-20-1902 , the provisions of this section do not apply within the exterior boundaries of the Flathead Indian reservation.

Legislative History

En. Sec. 16, Ch. 452, L. 1973; amd. Sec. 2, Ch. 238, L. 1974; amd. Sec. 8, Ch. 485, L. 1975; amd. Sec. 4, Ch. 416, L. 1977; amd. Sec. 1, Ch. 470, L. 1977; R.C.M. 1947, 89-880(1); amd. Sec. 3, Ch. 573, L. 1985; amd. Sec. 5, Ch. 497, L. 1997; amd. Sec. 1, Ch. 112, L. 2011; amd. Sec. 6, Ch. 294, L. 2015.