Montana Statutes
§ 85-2-508 — Controlled Ground Water Areas -- Permits To Appropriate
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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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.
Nearby Sections
15
§ 85-2-101
Declaration Of Policy And Purpose§ 85-2-102
Definitions§ 85-2-103
Measurement Of Water§ 85-2-104
Repealed§ 85-2-105
Water Policy Interim Committee Duties§ 85-2-106
Through 85-2-110 Reserved§ 85-2-111
Department Powers§ 85-2-112
Department Duties§ 85-2-113
Department Powers And Duties§ 85-2-114
Judicial Enforcement§ 85-2-115
Entry On Land§ 85-2-116
Legal Assistance§ 85-2-118
Through 85-2-120 Reserved