85-2-411. Water turned into natural channels. Water appropriated under an existing right or pursuant to this chapter may be turned into the natural channel of another stream or from a reservoir into the natural channel and withdrawn or diverted at a point downstream for beneficial use, but the waters of that stream may not thereby be diminished in quantity or deteriorated in quality to the detriment of a prior appropriator. Water stored in a reservoir under an existing right or pursuant to this chapter which is turned into a natural channel for withdrawal or diversion and beneficial use downstream shall not be considered a part of the natural flow of that stream.
History: En. 89-891.1 by Sec. 1, Ch. 103, L. 1974; R.C.M. 1947, 89-891.1.
Structure Montana Code Annotated
Chapter 2. Surface Water and Ground Water
85-2-402. Changes in appropriation rights -- definition
85-2-403. Transfer of appropriation right
85-2-404. Abandonment of appropriation right
85-2-405. Procedure for declaring appropriation rights abandoned
85-2-406. District court supervision of water distribution
85-2-407. Temporary changes in appropriation right
85-2-408. Temporary change authorization for instream flow -- additional requirements
85-2-410. Short-term lease of appropriation right
85-2-411. Water turned into natural channels
85-2-412. Return of surplus water to stream
85-2-413. Diversion of natural flow of waters -- when permitted
85-2-415. Owners of water to sell surplus
85-2-416. Duty of purchaser to dig ditches
85-2-417. Enforcement of right to surplus
85-2-418. Purchaser not to sell surplus water
85-2-420. Change in appropriation right for aquifer recharge or mitigation -- marketing
85-2-423. Water right ownership update form
85-2-428. through 85-2-430 reserved