85-2-343. Basin closure -- exceptions. (1) As provided in 85-2-319 and subject to the provisions of subsection (2) of this section, the department may not process or grant an application for a permit to appropriate water or for a reservation to reserve water within the upper Missouri River basin until the final decrees have been issued in accordance with part 2 of this chapter for all of the subbasins of the upper Missouri River basin.
     (2) The provisions of subsection (1) do not apply to:
     (a) an application for a permit to appropriate ground water;
     (b) an application for a permit to appropriate water for a nonconsumptive use;
     (c) an application for a permit to appropriate water for domestic, municipal, or stock use;
     (d) an application to store water during high spring flows;
     (e) an application for a permit to use water from the Muddy Creek drainage, which drains to the Sun River, if the proposed use of water will help control erosion in the Muddy Creek drainage; or
     (f) temporary emergency appropriations as provided for in 85-2-113(3).

     History: En. Sec. 2, Ch. 385, L. 1993; amd. Sec. 455, Ch. 418, L. 1995; amd. Sec. 1, Ch. 441, L. 1997.