85-2-339. (Temporary) Clark Fork River temporary basin closure. (1) Unless the context requires otherwise, in this section, the following definitions apply:
     (a) "Application" means an application for a beneficial water use permit pursuant to 85-2-302 or an application for a state water reservation pursuant to 85-2-316.
     (b) "Clark Fork River basin" means the drainage area of the Clark Fork River and its tributaries above the Noxon Rapids hydropower facility.
     (2) As provided in 85-2-319 and subject to the provisions of subsection (3) of this section, the department may not process or grant an application for a permit to appropriate water for consumptive use or for a reservation to reserve water for consumptive use within the Clark Fork River basin, except for:
     (a) an application for a permit to appropriate ground water;
     (b) an application for a permit to appropriate water for domestic use, stock use, or municipal supply; or
     (c) temporary emergency appropriations as provided for in 85-2-113(3).
     (3) The provisions of 85-2-344, the basin closure in the Upper Clark Fork pursuant to 85-2-335 through 85-2-337, and all administrative closures in the Clark Fork River basin supersede the provisions of this section. (Terminates February 28, 2001--sec. 6, Ch. 281, L. 1999.)

     History: En. Sec. 1, Ch. 281, L. 1999.