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.


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 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; or

(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

(e)(f)  temporary emergency appropriations as provided for in 85-2-113(3)."