House Bill No. 120
Introduced By rose
A Bill for an Act entitled: "An Act providing for an additional exception to the upper Missouri river basin closure; and amending section 85-2-343, MCA."
STATEMENT OF INTENT
This bill is intended to allow an applicant to apply for a water permit on the Muddy Creek drainage to use excess water to
prevent significant impacts on adjoining lands. This conservation measure will be allowed only if the permit will
adversely impact other water right holders on the Muddy Creek drainage and if the applicant can demonstrate that the use
of the water will help control erosion on the Muddy Creek drainage.
Be it enacted by the Legislature of the State of Montana:
Section 1. Section 85-2-343, MCA, is amended to read:
"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
during the period from April 16, 1993, 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 application shows that: (i) the proposed use of water will help control erosion in the Muddy Creek drainage; and (ii) the proposed use of water will not adversely affect the water rights of other persons or planned uses or developments for
which a permit OR A STATE WATER RESERVATION has been issued or for which water has been reserved; or (e)(f) temporary emergency appropriations as provided for in 85-2-113(3)."