Montana § 85-2-508 Controlled Ground Water Areas -- Permits To Appropriate

Montana Statutes

§ 85-2-508 — Controlled Ground Water Areas -- Permits To Appropriate

Montana § 85-2-508

Title 85WATER USE

Ch. 2SURFACE WATER AND GROUND WATER

Part 5Ground Water

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Bluebook

Mont. Code Ann. § 85-2-508 (2026).

Text

85-2-508 . Controlled ground water areas -- permits to appropriate.

(1)A person may appropriate ground water in a controlled ground water area by:

(a)applying for and receiving a permit from the department in accordance with part 3 of this chapter; or

(b)following the requirements of a rule promulgated pursuant to 85-2-506 .

(2)The department may not grant a permit if the withdrawal would be beyond the capacity of the aquifer or aquifers in the controlled ground water area to yield ground water within a reasonable or feasible pumping lift, in the case of pumping developments, or within a reasonable or feasible reduction of pressure, in the case of artesian developments.

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85-2-508 . Controlled ground water areas -- permits to appropriate. (1) A person may appropriate ground water in a controlled ground water area by:
(a) applying for and receiving a permit from the department in accordance with part 3 of this chapter; or
(b) following the requirements of a rule promulgated pursuant to 85-2-506 .
(2) The department may not grant a permit if the withdrawal would be beyond the capacity of the aquifer or aquifers in the controlled ground water area to yield ground water within a reasonable or feasible pumping lift, in the case of pumping developments, or within a reasonable or feasible reduction of pressure, in the case of artesian developments.

Legislative History

En. Sec. 8, Ch. 237, L. 1961; amd. Sec. 43, Ch. 452, L. 1973; amd. Sec. 172, Ch. 253, L. 1974; R.C.M. 1947, 89-2918; amd. Sec. 6, Ch. 161, L. 2005; amd. Sec. 6, Ch. 86, L. 2009.