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 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 if the applicant complies with the provisions of 85-2-360;
     (b) an application for a permit to appropriate water for a nonconsumptive use;
     (c) an application for a permit to appropriate water for:
     (i) domestic use from surface water or pursuant to 85-2-306;
     (ii) stock use; or
     (iii) use of surface water by or for a municipality;
     (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;
     (f) an application submitted pursuant to 85-20-1401, Article VI;
     (g) temporary emergency appropriations as provided for in 85-2-113(3); or
     (h) an application for a permit to appropriate surface water to conduct response actions related to natural resource restoration required for:
     (i) remedial actions pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. 9601, et seq.;
     (ii) aquatic resource activities carried out in compliance with and as required by the federal Clean Water Act of 1977, 33 U.S.C. 1251 through 1387; or
     (iii) remedial actions taken pursuant to Title 75, chapter 10, part 7.
     (3) A permit issued to conduct remedial actions or aquatic resource activities under subsection (2)(h) may not be used for dilution.
     (4) A change of use authorization for changing the purpose of use may not be issued for any permit issued pursuant to subsection (2)(b), (2)(c), (2)(e), (2)(g), or (2)(h).

     History: En. Sec. 2, Ch. 385, L. 1993; amd. Sec. 455, Ch. 418, L. 1995; amd. Sec. 1, Ch. 441, L. 1997; amd. Sec. 15, Ch. 213, L. 2007; amd. Sec. 11, Ch. 391, L. 2007.