85-2-331. Reservations within Missouri River basin and Little Missouri River basin. (1) The state or an agency or political subdivision of the state or the United States or an agency of the United States that desires to apply for a reservation of water in the Missouri River basin or in the Little Missouri River basin shall file an application pursuant to 85-2-316 no later than:
     (a) July 1, 1989, for reservation of water above Fort Peck dam; or
     (b) July 1, 1991, for reservation of water below Fort Peck dam and in the Little Missouri River basin.
     (2) Subject to legislative appropriation, the department shall provide technical and financial assistance to other state agencies and political subdivisions in applying for reservations within the Missouri River basin and the Little Missouri River basin.
     (3) (a) The department shall make a final determination in accordance with 85-2-316 on all applications filed before July 1, 1989, for reservations of water in the Missouri River basin above Fort Peck dam.
     (b) The department shall make a final determination in accordance with 85-2-316 on all applications filed before July 1, 1991, for reservations of water in the Missouri River basin below Fort Peck dam and in the Little Missouri River basin.
     (c) The department shall determine which applications or portions of applications are considered to be above or below Fort Peck dam.
     (4) Water reservations approved by the department under this section have a priority date of July 1, 1985, in the Missouri River basin and a priority date of July 1, 1989, in the Little Missouri River basin. If the department issues a permit under Title 85, chapter 2, part 3, prior to the granting of a reservation under this section, the department may subordinate the reservation to the permit if it finds that the subordination does not interfere substantially with the purpose of any reservation. The department shall by order establish the relative priority of applications approved under this section.

     History: En. Sec. 16, Ch. 573, L. 1985; amd. Sec. 3, HB 952, L. 1985; amd. Sec. 7, Ch. 535, L. 1987; amd. Sec. 1, Ch. 134, L. 1989; amd. Sec. 1, Ch. 303, L. 1993; amd. Sec. 452, Ch. 418, L. 1995.