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HOUSE BILL NO. 429
INTRODUCED BY J. SHOCKLEY, F. THOMAS, M. BRAINARD, D. BERRY
AN ACT TEMPORARILY CLOSING SUBBASINS OF THE BITTERROOT RIVER BASIN TO FURTHER APPROPRIATIONS AND RESERVATIONS, EXCEPT FOR GROUND WATER, MUNICIPAL, AND EMERGENCY APPROPRIATIONS AND SOME SEASONAL STORAGE; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND AN APPLICABILITY DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Bitterroot River subbasin temporary closure -- definitions -- exceptions. (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 a state water reservation pursuant to 85-2-316.
(b) "Bitterroot River basin" means the drainage area of the Bitterroot River and its tributaries above the confluence of the Bitterroot River and Clark Fork of the Columbia River and designated as "Basin 76H".
(c) "Bitterroot River subbasin" means one of the following hydrologically related portions of the Bitterroot River basin:
(i) the mainstem subbasin, designated as "Subbasin 76HA";
(ii) the north end subbasin, designated as "Subbasin 76HB";
(iii) the east side subbasin, designated as "Subbasin 76HC";
(iv) the southeast subbasin, designated as "Subbasin 76HD";
(v) the south end subbasin, designated as "Subbasin 76HE";
(vi) the southwest subbasin, designated as "Subbasin 76HF";
(vii) the west central subbasin, designated as "Subbasin 76HG"; or
(viii) the northwest subbasin, designated as "Subbasin 76HH".
(2) As provided in 85-2-319, the department may not process or grant an application for a permit to appropriate water or for a state water reservation within a Bitterroot River subbasin until the closure for the basin is terminated pursuant to subsection (3) of this section, except for:
(a) an application for a permit to appropriate ground water;
(b) an application for a permit to appropriate water for a municipal water supply;
(c) temporary emergency appropriations pursuant to 85-2-113(3); or
(d) an application to store water during high spring flow in an impoundment with a capacity of 50 acre feet or more.
(3) Each Bitterroot River subbasin is closed to new appropriations and new state water reservations until 2 years after all water rights in the subbasin arising under the laws of the state are subject to an enforceable and administrable decree as provided in 85-2-406(4).
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. Effective date. [This act] is effective on passage and approval.
Section 4. Applicability. [This act] applies to all applications received by the department of natural resources and conservation after [the effective date of this act].
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Latest Version of HB 429 (HB0429.ENR)
Processed for the Web on March 31, 1999 (2:03PM)
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