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

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.