85-2-247. Purpose. (1) Because the state of Montana is the owner of all water in the state, pursuant to Article IX, section 3, of the Montana constitution, the legislature recognizes that it is in the state's best interest to ensure that valid issues raised as a result of claims examination in the statewide adjudication of pre-July 1, 1973, water rights are resolved before a final decree is issued.
(2) If as a result of the examination or the prior verification conducted by the department an issue remark is attached to a claim, the information resulting in the issue remark and the issue remark must be weighed against the claimed water right.
History: En. Sec. 1, Ch. 526, L. 2005.
Structure Montana Code Annotated
Chapter 2. Surface Water and Ground Water
Part 2. Adjudication of Water Rights
85-2-212. Order by supreme court
85-2-214. Commencement of action
85-2-215. Consolidation of matters
85-2-216. Venue for water rights determinations
85-2-217. Suspension of adjudication
85-2-218. Process and criteria for designating priority basins or subbasins
85-2-219. and 85-2-220 reserved
85-2-221. Filing of claim of existing water right -- filing late claim
85-2-222. Definition -- filing process -- notice
85-2-223. Public recreational uses
85-2-225. Filing fee -- processing fee for remitted claims
85-2-226. Abandonment by failure to file claim
85-2-229. and 85-2-230 reserved
85-2-231. Temporary preliminary decree, preliminary decree, and supplemental preliminary decree
85-2-233. Hearing on decrees or petition -- procedure
85-2-236. Certificate of water right
85-2-237. Reopening and review of decrees
85-2-238. through 85-2-240 reserved
85-2-243. Department assistance to water judges
85-2-244. through 85-2-246 reserved
85-2-248. Resolution of issue remarks other than by objection
85-2-249. Prioritization of workload
85-2-251. through 85-2-269 reserved
85-2-271. Benchmarks -- action taken if not met -- claims examination priority
85-2-274. and 85-2-275 reserved
85-2-277. and 85-2-278 reserved
85-2-280. Water adjudication account
85-2-281. Reporting requirements