85-2-154. (Temporary) Policy considerations. (1) Article IX, section 3(3), of the Montana constitution declares that all surface, underground, flood, and atmospheric waters within the boundaries of the state are the property of the state for the use of its people and are subject to appropriation for beneficial uses as provided by law.
(2) The legal appropriation of water requires that the water be legally and physically available for appropriation.
(3) Measurement and monitoring of streamflow supports the state's ability to determine when water is physically and legally available to meet new demands while protecting existing water rights.
(4) The effective management and distribution of water depends on accurate real-time measurement of streamflow. (Terminates June 30, 2023--sec. 7, Ch. 298, L. 2019.)
History: En. Sec. 1, Ch. 298, L. 2019.
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