85-2-417. Enforcement of right to surplus. Any person constructing the necessary ditches, aqueducts, or flumes and making the payments or tenders hereinbefore provided is entitled to the use of so much of the surplus water as said ditches, flumes, or aqueducts have the capacity to carry and for which payment or tender is made and may institute and maintain any appropriate action at law or in equity for the enforcement of such right or recovery of damages arising from a failure to deliver or wrongful diversion of the same.
History: En. Sec. 3, p. 406, L. 1877; re-en. Sec. 744, 5th Div. Rev. Stat. 1879; re-en. Sec. 1265, 5th Div. Comp. Stat. 1887; re-en. Sec. 1899, Civ. C. 1895; re-en. Sec. 4862, Rev. C. 1907; re-en. Sec. 7115, R.C.M. 1921; re-en. Sec. 7115, R.C.M. 1935; R.C.M. 1947, 89-825.
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