Montana Code Annotated
Part 1. General Provisions
85-2-154. Policy considerations

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

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 Repealed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