Montana Code 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:
Terms Used In Montana Code 85-20-104
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Affidavit: means a sworn written declaration made before an officer authorized to administer oaths or an unsworn written declaration made under penalty of perjury as provided in 1-6-105. See Montana Code 1-1-203
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- 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
(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.