Montana Code 85-2-441. Temporary use of a water right on state trust land — restrictions on state ownership — rescinding of noncompliant ownership interests required
85-2-441. Temporary use of a water right on state trust land — restrictions on state ownership — rescinding of noncompliant ownership interests required. (1) A water right owner may put water from a well or developed spring with ground water development works located on private land to beneficial use on state trust land for the duration of a state land lease the water right owner holds.
Terms Used In Montana Code 85-2-441
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Trustee: A person or institution holding and administering property in trust.
(2)The state may not obtain an ownership interest in a water right or the ground water development works of a water right that is diverted from a well or developed spring located on private land exclusively based on trustee obligations for state trust land unless:
(a)a court of competent jurisdiction determines that the state is an owner of that particular water right; or
(b)the state is in possession of a deed transferring ownership of the water right to the state.
(3)Before September 30, 2019, the state shall rescind any claim of ownership it asserted or acquired to satisfy trustee obligations for state trust land prior to May 11, 2019, in a water right or ground water development works that do not meet the requirements of subsection (2).
(4)For the purposes of this section, “state trust land” has the meaning provided in 77-1-101.