85-2-508. Controlled ground water areas — permits to appropriate. (1) A person may appropriate ground water in a controlled ground water area by:

Terms Used In Montana Code 85-2-508

  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201

(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.