Title 85, Title 85

This part applies to applications currently pending with the department, as well as applications filed with the department after March 11, 1974.

This part does not apply to applications to appropriate water for use by a utility facility for which a certificate of compliance is granted pursuant to the Montana Major Facility Siting Act.

Notwithstanding any provision of this part, the department may approve a change of purpose of use to agricultural, irrigation, domestic, and municipal uses if it determines that the change is not contrary to the policies and purposes of this part.

(1) Because the water and water rights within each water division are interrelated, it is the intent of the legislature to conduct unified proceedings for the general adjudication of existing water rights under the Montana Water Use Act. It is the intent of the legislature that t…

(1) The reserved water rights compact commission, created by 2-15-212, may negotiate with the Indian tribes or their authorized representatives jointly or severally to conclude compacts authorized under 85-2-701. Compact proceedings must be commenced by the commission. The commis…

The compact commission may also enter into separate negotiations with the federal government for the conclusion of compacts concerning the equitable division and apportionment of water between the state and its people and the federal government claiming non-Indian reserved waters…

(1) The commission or any negotiating tribe or federal agency may terminate negotiations by providing notice to all parties 30 days in advance of the termination date. On the termination date, the suspension of the application of part 2 provided for in 85-2-217 also terminates. T…

(1) The Montana reserved water rights compact commission must submit to the chief water judge, appointed pursuant to 3-7-221, a report on the status of its negotiations on July 1, 1985, and every 6 months thereafter. (2) Each report must state which Indian tribes and federal agen…

(1) Because it appears to be to the common advantage of the state and Indian tribes to cooperate in matters involving the permitting and use of water within the exterior boundaries of an Indian reservation prior to the final adjudication of Indian reserved water rights and becaus…

Unless the context requires otherwise, in this part the following definitions apply: (1) "Basin" means the Yellowstone River basin. (2) "Compact" means the Yellowstone River Compact provided for in 85-20-101.

The department may consent on behalf of the state of Montana to diversions of water from the basin pursuant to Article X of the compact, including diversions of water allocated under the terms of the compact to the other signatory states of Wyoming and North Dakota.

(1) A diversion of water from the basin pursuant to Article X of the compact consented to by the department under the provisions of this part may not be made until one of the following occurs, whichever is later: (a) the legislature ratifies the first determination of the departm…

(1) An appropriator proposing to divert from the basin water allocated to Montana under the terms of the compact or divert from the basin unallocated compact water within Montana shall file an application with the department. The application must state the name and address of the…

(1) The department may issue its approval of a diversion of water allocated to Montana under the terms of the compact or unallocated compact water diverted in Montana if: (a) the diversion and the ultimate use of the water in Montana are for a beneficial use of water; (b) the div…

The department, upon petition by the applicant, may consider and act upon any application for diversion of water from the basin filed pursuant to the provisions of this part in conjunction with proceedings involving the siting of a facility or associated facilities conducted unde…

The department may appear on behalf of the state of Montana in proceedings before the legislatures and administrative agencies of the other signatory states to the compact and in legal proceedings commenced in federal or state court within the other signatory states involving the…

This part may be cited as the "Montana Ground Water Assessment Act".

(1) The legislature finds that: (a) Montana's citizens depend on ground water for a variety of uses, including domestic, agricultural, industrial, irrigation, mining, municipal, power, and recreation, and for maintenance of ecosystems and surface water supplies; (b) ground water …

As used in this part, the following definitions apply: (1) "Aquifer" means a water-bearing, subsurface formation capable of yielding sufficient quantities of water to a well for a beneficial use. (2) "Ground water assessment steering committee" means the committee established by …

(1) There is a ground water assessment account within the special revenue fund established in 17-2-102. The Montana bureau of mines and geology is authorized to expend amounts from the account necessary to carry out the purposes of this part. (2) The account may be used by the Mo…

(1) There is a ground water characterization program and a ground water monitoring program. (2) Subject to the direction of the ground water assessment steering committee, the Montana bureau of mines and geology shall establish and administer the ground water characterization pro…

Units of local government may conduct ground water information collection projects in advance of ground water characterization studies conducted under the program created by 85-2-906(1). Local governments shall consult with the Montana bureau of mines and geology in designing loc…