85-2-419. Salvaged water. It is the declared policy of the state in 85-1-101 to encourage the conservation and full use of water. Consistent with this policy, holders of appropriation rights who salvage water may retain the right to the salvaged water for beneficial use. Except for a short-term lease pursuant to 85-2-410, any use of the right to salvaged water for any purpose or in any place other than that associated with the original appropriation right must be approved by the department as a change in appropriation right in accordance with 85-2-402 and 85-2-436, if applicable. Sale of the right to salvaged water must also be in accordance with 85-2-403, and the lease of the right to salvaged water must be in accordance with 85-2-408, 85-2-410, or 85-2-436.
History: En. Sec. 1, Ch. 308, L. 1991; amd. Sec. 1, Ch. 123, L. 1999; amd. Sec. 5, Ch. 381, L. 2001; amd. Sec. 7, Ch. 85, L. 2005; amd. Sec. 4, Ch. 448, L. 2007.
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