1. MCA Contents
  2. TITLE 85
  3. CHAPTER 2
  4. Part 5
  5. 85-2-508 Controlled ground water areas -- permits to appropriate

Montana Code Annotated 2021

TITLE 85. WATER USE

CHAPTER 2. SURFACE WATER AND GROUND WATER

Part 5. Ground Water

Controlled Ground Water Areas -- Permits To Appropriate

85-2-508. Controlled ground water areas -- permits to appropriate. (1) A person may appropriate ground water in a controlled ground water area by:

(a) applying for and receiving a permit from the department in accordance with part 3 of this chapter; or

(b) following the requirements of a rule promulgated pursuant to 85-2-506.

(2) The department may not grant a permit if the withdrawal would be beyond the capacity of the aquifer or aquifers in the controlled ground water area to yield ground water within a reasonable or feasible pumping lift, in the case of pumping developments, or within a reasonable or feasible reduction of pressure, in the case of artesian developments.

History: En. Sec. 8, Ch. 237, L. 1961; amd. Sec. 43, Ch. 452, L. 1973; amd. Sec. 172, Ch. 253, L. 1974; R.C.M. 1947, 89-2918; amd. Sec. 6, Ch. 161, L. 2005; amd. Sec. 6, Ch. 86, L. 2009.