85-2-415. Owners of water to sell surplus. Any person having the right to use, sell, or dispose of water and engage in using, selling, or disposing of the same who has a surplus of water not used or sold or any person having a surplus of water and the right to sell and dispose of the same is required, upon the payment or tender to the person entitled thereto of an amount equal to the usual and customary rates per inch or cubic foot of water per second, to convey and deliver to the person the surplus of unsold water or so much thereof for which the payment or tender has been made and shall continue to convey and deliver the same weekly so long as the surplus of unused or unsold water exists and the payment or tender is made as aforesaid.
History: En. Sec. 1, p. 406, L. 1877; re-en. Sec. 742, 5th Div. Rev. Stat. 1879; re-en. Sec. 1263, 5th Div. Comp. Stat. 1887; re-en. Sec. 1897, Civ. C. 1895; re-en. Sec. 4860, Rev. C. 1907; re-en. Sec. 7113, R.C.M. 1921; re-en. Sec. 7113, R.C.M. 1935; amd. Sec. 6, Ch. 460, L. 1977; R.C.M. 1947, 89-823.
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