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

Montana Statutes

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

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

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

Free access — add to your briefcase to read the full text and ask questions with AI

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).

Montana § 85-2-343 (Basin Closure -- Exceptions) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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.