Montana § 85-2-403 Transfer Of Appropriation Right

Montana Statutes

§ 85-2-403 — Transfer Of Appropriation Right

Montana·Title 85 WATER USE·Ch. 2 SURFACE WATER AND GROUND WATER·Part 4 Utilization of Water

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.

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

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.

Montana § 85-2-403 (Transfer Of Appropriation Right) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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.