Montana § 85-20-104 Filing Written Statement With Department

Montana Statutes

§ 85-20-104 — Filing Written Statement With Department

Montana § 85-20-104

Title 85WATER USE

Ch. 20WATER COMPACTS

Part 1Yellowstone River Compact

This text of Montana § 85-20-104 (Filing Written Statement With Department) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 85-20-104 (2026).

Text

85-20-104 . Filing written statement with department.

(1)A person claiming an appropriative right to the use of any water of any interstate tributary that was acquired after January 1, 1950, shall, within 60 days after February 25, 1953, or before the person diverts any water, file with the department at its office in Helena, Montana, a written statement containing the following information:

(a)the name of the claimant and the claimant's address;

(b)the date of appropriation or the date when the water was first applied to a beneficial use;

(c)the quantity of water claimed;

(d)the name of the stream, river, or other source of water from which the diversion is made, if it has a name, and if it does not, a description identifying the stream, river, or source;

(e)the purpose for which th

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

85-20-104 . Filing written statement with department. (1) A person claiming an appropriative right to the use of any water of any interstate tributary that was acquired after January 1, 1950, shall, within 60 days after February 25, 1953, or before the person diverts any water, file with the department at its office in Helena, Montana, a written statement containing the following information:
(a) the name of the claimant and the claimant's address;
(b) the date of appropriation or the date when the water was first applied to a beneficial use;
(c) the quantity of water claimed;
(d) the name of the stream, river, or other source of water from which the diversion is made, if it has a name, and if it does not, a description identifying the stream, river, or source;
(e) the purpose for which the water is claimed and the place of intended use;
(f) the means of diversion;
(g) whether or not a weir or other device for measuring the water intended to be diverted has been installed in the claimant's ditch or other means of diversion;
(h) if a notice of appropriation was filed with the county clerk and recorder, the name of the county where it was filed;
(i) whether the appropriation was made from an adjudicated or nonadjudicated stream, river, or other source of water.
(2) The written statement must be verified by the affidavit of the claimant or someone in the claimant's behalf. The affidavit must state that the matters and facts contained in the written statement are true.

Legislative History

En. Sec. 3, Ch. 92, L. 1953; amd. Sec. 10, Ch. 280, L. 1965; amd. Sec. 157, Ch. 253, L. 1974; amd. Sec. 11, Ch. 460, L. 1977; R.C.M. 1947, 89-907; amd. Sec. 2826, Ch. 56, L. 2009.