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SENATE BILL NO. 468
INTRODUCED BY V. COCCHIARELLA, W. CRISMORE, L. GROSFIELD
AN ACT TEMPORARILY CLOSING THE CLARK FORK RIVER BASIN TO FURTHER APPROPRIATIONS AND RESERVATIONS FOR CONSUMPTIVE USES, EXCEPT FOR GROUND WATER, DOMESTIC, MUNICIPAL, LIVESTOCK, AND EMERGENCY APPROPRIATIONS; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE, AN APPLICABILITY DATE, AND A TERMINATION DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. 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 [section 1 of House Bill No. 429], 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 supercede the provisions of this section.
Section 2. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 85, chapter 2, part 3, and the provisions of Title 85, chapter 2, part 3, apply to [section 1].
Section 3. Coordination instruction. If House Bill No. 429 is not passed and approved, then the bracketed language in [section 1(3) of this act] is void.
Section 4. Effective date. [This act] is effective on passage and approval.
Section 5. Applicability. [This act] applies to all applications received by the department of natural resources and conservation after [the effective date of this act].
Section 6. Termination. [This act] terminates February 28, 2001.
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Latest Version of SB 468 (SB0468.ENR)
Processed for the Web on April 1, 1999 (10:31AM)
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