§ 85-2-301 Right to appropriate — recognition and confirmation of permits issued after July 1, 1973
§ 85-2-302 Application for permit or change in appropriation right
§ 85-2-303 Permit for conversion of nonproductive oil or gas well
§ 85-2-304 Appropriation by state board of land commissioners
§ 85-2-305 Appropriation permit for reservoir
§ 85-2-306 Exceptions to permit requirements
§ 85-2-307 Notice of receipt of application for permit or change in appropriation right — draft preliminary determination — extensions — updated draft preliminary determination — public comments — issuance of preliminary determination
§ 85-2-308 Objections
§ 85-2-309 Hearings on objections — jurisdiction
§ 85-2-310 Action on application for permit or change in appropriation right
§ 85-2-311 Criteria for issuance of permit
§ 85-2-312 Terms of permit
§ 85-2-313 Provisional permit
§ 85-2-314 Revocation or modification of permit or change in appropriation right
§ 85-2-315 Certificate of water right
§ 85-2-316 State reservation of waters
§ 85-2-317 Limitation on appropriation of ground water
§ 85-2-318 Water right appropriation account
§ 85-2-319 Permit action in highly appropriated basins or subbasins
§ 85-2-320 Change in appropriation right authorization for instream flow — United States department of agriculture, forest service
§ 85-2-321 Milk River basin — suspension of action on permits — proposal — priority in adjudication process
§ 85-2-322 Hearing — order
§ 85-2-323 Request to modify suspension — order
§ 85-2-327 Terminated
§ 85-2-328 Terminated
§ 85-2-329 Definitions
§ 85-2-330 Basin closure — exceptions
§ 85-2-331 Reservations within Missouri River basin and Little Missouri River basin
§ 85-2-335 Definitions
§ 85-2-336 Basin closure — exception
§ 85-2-337 Repealed
§ 85-2-338 Upper Clark Fork River basin steering committee — membership and duties — comprehensive management plan
§ 85-2-339 Terminated
§ 85-2-340 Definitions
§ 85-2-341 Basin closure — exceptions
§ 85-2-342 Definitions
§ 85-2-343 Basin closure — exceptions
§ 85-2-344 Bitterroot River subbasin temporary closure — definitions — exceptions
§ 85-2-350 Repealed
§ 85-2-351 Notice to permitholders — Clark Fork River basin
§ 85-2-355 Definitions
§ 85-2-360 Ground water appropriation right in closed basins
§ 85-2-361 Hydrogeologic report — minimum requirements
§ 85-2-362 Aquifer recharge or mitigation plans in closed basins — minimum requirements
§ 85-2-363 Repealed
§ 85-2-364 Department permit coordination — requirements for aquifer recharge or mitigation plans
§ 85-2-368 Aquifer storage and recovery projects in closed basins
§ 85-2-369 Permit not required for testing
§ 85-2-370 Rulemaking
§ 85-2-380 Stream depletion zones — establishment — rulemaking
§ 85-2-381 Water right enforcement of ground water uses exempt from permitting — findings and purpose

Terms Used In Montana Code > Title 85 > Chapter 2 > Part 3 - Appropriations, Permits, and Certificates of Water Rights

  • 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
  • Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
  • 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.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • 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.
  • 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.
  • Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
  • 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
  • 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
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Real property: means lands, tenements, hereditaments, and possessory title to public lands. See Montana Code 1-1-205
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • 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
  • 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