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
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