Montana § 85-2-343 Basin Closure -- Exceptions

Montana Statutes

§ 85-2-343 — Basin Closure -- Exceptions

Montana § 85-2-343

Title 85WATER USE

Ch. 2SURFACE WATER AND GROUND WATER

Part 3Appropriations, Permits, and Certificates of Water Rights

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Bluebook

Mont. Code Ann. § 85-2-343 (2026).

Text

85-2-343 . Basin closure -- exceptions.

(1)As provided in 85-2-319 and subject to the provisions of subsection (2) of this section, the department may not grant an application for a permit to appropriate water or for a reservation to reserve water within the upper Missouri River basin until the final decrees have been issued in accordance with part 2 of this chapter for all of the subbasins of the upper Missouri River basin.

(2)The provisions of subsection (1) do not apply to:

(a)an application for a permit to appropriate ground water if the applicant complies with the provisions of 85-2-360 ;

(b)an application for a permit to appropriate water for a nonconsumptive use;

(c)an application for a permit to appropriate water for:

(i)domestic use from surface water or pursuant to 85-2-306

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85-2-343 . Basin closure -- exceptions. (1) As provided in 85-2-319 and subject to the provisions of subsection (2) of this section, the department may not grant an application for a permit to appropriate water or for a reservation to reserve water within the upper Missouri River basin until the final decrees have been issued in accordance with part 2 of this chapter for all of the subbasins of the upper Missouri River basin.
(2) The provisions of subsection (1) do not apply to:
(a) an application for a permit to appropriate ground water if the applicant complies with the provisions of 85-2-360 ;
(b) an application for a permit to appropriate water for a nonconsumptive use;
(c) an application for a permit to appropriate water for:
(i) domestic use from surface water or pursuant to 85-2-306 ;
(ii) stock use; or
(iii) use of surface water by or for a municipality;
(d) an application to store water during high spring flows;
(e) an application for a permit to use water from the Muddy Creek drainage, which drains to the Sun River, if the proposed use of water will help control erosion in the Muddy Creek drainage;
(f) an application submitted pursuant to 85-20-1401 , Article VI;
(g) temporary emergency appropriations, including for emergency fire training and emergency fire-related operations, as provided for in 85-2-113 (3); or
(h) an application for a permit to appropriate surface water to conduct response actions related to natural resource restoration required for:
(i) remedial actions pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. 9601, et seq.;
(ii) aquatic resource activities carried out in compliance with and as required by the federal Clean Water Act of 1977, 33 U.S.C. 1251 through 1387; or
(iii) remedial actions taken pursuant to Title 75, chapter 10, part 7.
(3) A permit issued to conduct remedial actions or aquatic resource activities under subsection (2)(h) may not be used for dilution.
(4) A change of use authorization for changing the purpose of use may not be issued for any permit issued pursuant to subsection (2)(b), (2)(c), (2)(e), (2)(g), or (2)(h).

Legislative History

En. Sec. 2, Ch. 385, L. 1993; amd. Sec. 455, Ch. 418, L. 1995; amd. Sec. 1, Ch. 441, L. 1997; amd. Sec. 15, Ch. 213, L. 2007; amd. Sec. 11, Ch. 391, L. 2007; amd. Sec. 5, Ch. 264, L. 2017.