Montana Code Annotated
Part 1. General Provisions
85-2-103. Measurement of water

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

Montana Code Annotated

Title 85. Water Use

Chapter 2. Surface Water and Ground Water

Part 1. General Provisions

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 Repealed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

85-2-106. through 85-2-110 reserved

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

85-2-118. through 85-2-120 reserved

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

85-2-126. 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

85-2-154. Policy considerations

85-2-155. Intent