85-2-103. Measurement of water. (1) After July 1, 1899, a cubic foot of water (7.48 gallons) per second of time shall be the legal standard for the measurement of water in this state.
(2) Where water rights expressed in statutory or miner's inches have been granted, 100 statutory or miner's inches shall be considered equivalent to a flow of 2.5 cubic feet (18.7 gallons) per second, 200 statutory or miner's inches shall be considered equivalent to a flow of 5 cubic feet (37.4 gallons) per second, and this proportion shall be observed in determining the equivalent flow represented by any number of statutory or miner's inches.
(3) The provisions of this section shall not affect or change the measurement of water decreed by a court prior to July 1, 1899, but such decreed water shall be measured according to the law in force at the time such decree was made and entered.
History: (1)En. Sec. 1, p. 126, L. 1899; re-en. Sec. 4854, Rev. C. 1907; re-en. Sec. 7107, R.C.M. 1921; re-en. Sec. 7107, R.C.M. 1935; Sec. 89-817, R.C.M. 1947; (2)Ap. p. Sec. 2, p. 126, L. 1899; re-en. Sec. 4855, Rev. C. 1907; re-en. Sec. 7108, R.C.M. 1921; re-en. Sec. 7108, R.C.M. 1935; Sec. 89-818, R.C.M. 1947; Ap. p. Sec. 10, Ch. 185, L. 1907; re-en. Sec. 4877, Rev. C. 1907; re-en. Sec. 7132, R.C.M. 1921; re-en. Sec. 7132, R.C.M. 1935; Sec. 89-843, R.C.M. 1947; (3)En. Sec. 3, p. 126, L. 1899; re-en. Sec. 4856, Rev. C. 1907; re-en. Sec. 7109, R.C.M. 1921; re-en. Sec. 7109, R.C.M. 1935; Sec. 89-819, R.C.M. 1947; R.C.M. 1947, 89-817, 89-818, 89-819, 89-843(part).
Structure Montana Code Annotated
Chapter 2. Surface Water and Ground Water
85-2-101. Declaration of policy and purpose
85-2-103. Measurement of water
85-2-105. Water policy interim committee duties
85-2-106. through 85-2-110 reserved
85-2-113. Department powers and duties
85-2-114. Judicial enforcement
85-2-117. Water right records for filing with local clerk and recorder
85-2-118. through 85-2-120 reserved
85-2-121. Administrative proceedings
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
85-2-126. through 85-2-130 reserved
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
85-2-135. through 85-2-140 reserved
85-2-141. Water leasing program
85-2-142. through 85-2-144 reserved
85-2-145. Removal of natural obstruction to exercise water right -- consent or court ruling required
85-2-146. through 85-2-149 reserved
85-2-150. Chronically dewatered watercourse -- identification
85-2-151. through 85-2-153 reserved