{"data":{"id":"us-mt/85-2-343","jurisdiction":"us-mt","citation":"85-2-343","heading":"Basin closure -- exceptions.","body":"(1) As provided in 85-2-319 and subject to the provisions of subsection (2) of this section, the department may not grant an application for a permit to appropriate water or for a reservation to reserve water within the upper Missouri River basin 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.\n(2) The provisions of subsection (1) do not apply to:\n(a) an application for a permit to appropriate ground water if the applicant complies with the provisions of 85-2-360;\n(b) an application for a permit to appropriate water for a nonconsumptive use;\n(c) an application for a permit to appropriate water for:\n(i) domestic use from surface water or pursuant to 85-2-306;\n(ii) stock use; or\n(iii) use of surface water by or for a municipality;\n(d) an application to store water during high spring flows;\n(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;\n(f) an application submitted pursuant to 85-20-1401, Article VI;\n(g) temporary emergency appropriations, including for emergency fire training and emergency fire-related operations, as provided for in 85-2-113(3); or\n(h) an application for a permit to appropriate surface water to conduct response actions related to natural resource restoration required for:\n(i) remedial actions pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. 9601, et seq.;\n(ii) aquatic resource activities carried out in compliance with and as required by the federal Clean Water Act of 1977, 33 U.S.C. 1251 through 1387; or\n(iii) remedial actions taken pursuant to Title 75, chapter 10, part 7.\n(3) A permit issued to conduct remedial actions or aquatic resource activities under subsection (2)(h) may not be used for dilution.\n(4) A change of use authorization for changing the purpose of use may not be issued for any permit issued pursuant to subsection (2)(b), (2)(c), (2)(e), (2)(g), or (2)(h).","path":["TITLE 85. WATER USE","CHAPTER 2. SURFACE WATER AND GROUND WATER","Part 3. Appropriations, Permits, and Certificates of Water Rights"],"source_url":"https://mca.legmt.gov/bills/mca/title_0850/chapter_0020/part_0030/section_0430/0850-0020-0030-0430.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T05:01:16Z","sha256":"5ec1f25fd76033b94e466aa2f973ed86e0fe29f02170df4baebb894ed7af3283","source_id":"us-mt","stale":false,"prev":"us-mt/85-2-342","next":"us-mt/85-2-344"},"notice":"GroundRules: Original legal text. Not legal advice."}