§ 85-2-101 Declaration of policy and purpose
§ 85-2-102 Definitions
§ 85-2-103 Measurement of water
§ 85-2-104 Repealed
§ 85-2-105 Water policy interim committee duties
§ 85-2-111 Department powers
§ 85-2-112 Department duties
§ 85-2-113 Department powers and duties
§ 85-2-114 Judicial enforcement
§ 85-2-115 Entry on land
§ 85-2-116 Legal assistance
§ 85-2-117 Water right records for filing with local clerk and recorder
§ 85-2-121 Administrative proceedings
§ 85-2-122 Penalties
§ 85-2-123 Deposit of fees and penalties
§ 85-2-124 Costs and fees for environmental impact statements
§ 85-2-125 Recovery of costs and attorney fees by prevailing party
§ 85-2-131 Application for change of watercourse name
§ 85-2-132 Change of watercourse name — public notice
§ 85-2-133 Change of watercourse name — hearing
§ 85-2-134 Change of watercourse name — judgment to be filed with county clerk
§ 85-2-141 Water leasing program
§ 85-2-145 Removal of natural obstruction to exercise water right — consent or court ruling required
§ 85-2-150 Chronically dewatered watercourse — identification
§ 85-2-154 Terminated
§ 85-2-155 Terminated

Terms Used In Montana Code > Title 85 > Chapter 2 > Part 1 - General Provisions

  • 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
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • 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
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
  • Property: means real and personal property. See Montana Code 1-1-205
  • 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
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Writing: includes printing. See Montana Code 1-1-203