Montana § 85-2-315 Certificate Of Water Right

Montana Statutes

§ 85-2-315 — Certificate Of Water Right

Montana·Title 85 WATER USE·Ch. 2 SURFACE WATER AND GROUND WATER·Part 3 Appropriations, Permits, and Certificates of Water Rights

85-2-315 . Certificate of water right.

(1)(a) On actual application of water to the proposed beneficial use within the time allowed, the permittee shall notify the department that the appropriation has been completed. The notification must contain a certified statement by a person with experience in the design, construction, or operation of appropriation works describing how the appropriation was completed. The department shall review the certified statement and may inspect the appropriation to verify whether the appropriation was completed in substantial accordance with the terms of the permit, including any reduction or modification pursuant to 85-2-313 .

(b)If the department determines that the appropriation has been completed in substantial accordance with the terms, conditions, rest

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85-2-315 . Certificate of water right. (1) (a) On actual application of water to the proposed beneficial use within the time allowed, the permittee shall notify the department that the appropriation has been completed. The notification must contain a certified statement by a person with experience in the design, construction, or operation of appropriation works describing how the appropriation was completed. The department shall review the certified statement and may inspect the appropriation to verify whether the appropriation was completed in substantial accordance with the terms of the permit, including any reduction or modification pursuant to 85-2-313 .
(b) If the department determines that the appropriation has been completed in substantial accordance with the terms, conditions, restrictions, and limitations of the permit approval and any reduction or modification pursuant to 85-2-313 , the department shall issue a certificate of water right for the permit.
(c) If the department determines that the appropriation was not completed in substantial accordance with the terms, conditions, restrictions, and limitations of the permit approval, including any reduction or modification pursuant to 85-2-313 , the department may, after notice, require the permittee to show cause why the permit should not be modified or revoked pursuant to 85-2-314 .
(2) After a final decree is issued in a basin pursuant to 85-2-234 , the department shall issue a certificate of water right for a change in appropriation right that is verified or modified pursuant to 85-2-402 (9) and (10).
(3) The original of a certificate of water right must be sent to the owner of the permit or change in appropriation right, and a duplicate must be maintained in the department's centralized database.

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Legislative History

En. Sec. 24, Ch. 452, L. 1973; R.C.M. 1947, 89-888; amd. Sec. 14, Ch. 448, L. 1983; amd. Sec. 7, Ch. 805, L. 1991; amd. Sec. 10, Ch. 370, L. 1993; amd. Sec. 2, Ch. 453, L. 2025.