Montana Code Annotated
Part 1. General Provisions
85-2-112. Department duties

85-2-112. Department duties. The department shall:
(1) enforce and administer this chapter and rules adopted under 85-2-113, subject to the powers and duties of the supreme court under 3-7-204;
(2) prescribe procedures, forms, and requirements for applications, permits, certificates, claims of existing rights, and proceedings under this chapter and prescribe the information to be contained in any application, claim of existing right, or other document to be filed with the department under this chapter not inconsistent with the requirements of this chapter;
(3) establish and keep in its Helena office a centralized record system of all existing rights and a public record of permits, certificates, claims of existing rights, applications, and other documents filed in its office under this chapter;
(4) cooperate with, assist, advise, and coordinate plans and activities with the federal, state, and local agencies in matters relating to this chapter;
(5) upon request by any person, cooperate with, assist, and advise that person in matters pertaining to measuring water or filing claims of existing rights with a district court under this chapter;
(6) adopt rules necessary to reject, modify, or condition permit applications in highly appropriated basins or subbasins as provided in 85-2-319.
History: En. Sec. 4, Ch. 452, L. 1973; R.C.M. 1947, 89-868(1); amd. Sec. 30, Ch. 697, L. 1979; amd. Sec. 3, Ch. 268, L. 1981; amd. Sec. 1, Ch. 448, L. 1983; amd. Sec. 17, Ch. 573, L. 1985; amd. Sec. 442, Ch. 418, L. 1995; amd. Sec. 2, Ch. 45, L. 1997.

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 Repealed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