Montana § 85-2-403 Transfer Of Appropriation Right

Montana Statutes

§ 85-2-403 — Transfer Of Appropriation Right

Montana § 85-2-403

Title 85WATER USE

Ch. 2SURFACE WATER AND GROUND WATER

Part 4Utilization of Water

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Bluebook

Mont. Code Ann. § 85-2-403 (2026).

Text

85-2-403 . Transfer of appropriation right.

(1)The right to use water shall pass with a conveyance of the land or transfer by operation of law, unless specifically exempted therefrom. All transfers of interests in appropriation rights shall be without loss of priority.

(2)Failure to comply with the provisions of 85-2-402 does not render a conveyance or reservation of a water right void, but the right may not be used until the department has approved the change. This subsection applies retroactively, within the meaning of 1-2-109 , to a conveyance or reservation made after July 1, 1973.

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85-2-403 . Transfer of appropriation right. (1) The right to use water shall pass with a conveyance of the land or transfer by operation of law, unless specifically exempted therefrom. All transfers of interests in appropriation rights shall be without loss of priority.
(2) Failure to comply with the provisions of 85-2-402 does not render a conveyance or reservation of a water right void, but the right may not be used until the department has approved the change. This subsection applies retroactively, within the meaning of 1-2-109 , to a conveyance or reservation made after July 1, 1973.

Legislative History

En. Sec. 29, Ch. 452, L. 1973; amd. Sec. 4, Ch. 238, L. 1974; R.C.M. 1947, 89-893; amd. Sec. 16, Ch. 448, L. 1983; amd. Sec. 7, Ch. 674, L. 1983; amd. Sec. 9, Ch. 535, L. 1987.