Mont. Code Ann. § 85-2-102

(1) "Appropriate" means to: or "appropriation" means:

(a) to divert, impound, or withdraw (including withdraw, including by stock for stock water) water, a quantity of water; water for a beneficial use;

(b) in the case of a public agency, to reserve water in accordance with 85-2-316;

(c) in the case of the department of fish, wildlife, and parks, lease water in accordance with 85-2-436; or to change an appropriation right to instream flow to protect, maintain, or enhance streamflows to benefit the fishery resource in accordance with 85-2-436;

(d) in the Upper Clark Fork River basin, maintain and enhance streamflows to benefit case of the fishery resource in accordance with 85-2-439. United States department of agriculture, forest service:

(i) instream flows and in situ use of water created in 85-20-1401, Article V; or

(ii) to change an appropriation right to divert or withdraw water under subsection (1)(a) to instream flow to protect, maintain, or enhance streamflows in accordance with 85-2-320;

(e) temporary changes or leases for instream flow to maintain or enhance instream flow to benefit the fishery resource in accordance with 85-2-408;

(f) a use of water for aquifer recharge or mitigation; or

(g) a use of water for an aquifer storage and recovery project as provided in 85-2-368.

(10) "Ground water" "Declaration" means any water that is beneath the ground surface. declaration of an existing right filed with the department under section 8, Chapter 452, Laws of 1973.

(11) "Late claim" "Department" means a claim to an existing right forfeited pursuant to the conclusive presumption department of abandonment under 85-2-226. natural resources and conservation provided for in Title

(12) "Permit" "Developed spring" means the permit to appropriate issued by the department under 85-2-301 through 85-2-303 and 85-2-306 through any point where ground water emerges naturally, that has subsequently been physically altered, and from 85-2-314. which ground water flows under natural pressures or is artificially withdrawn.

(13) "Person" "Existing right" or "existing water right" means an individual, association, partnership, corporation, state agency, political subdivision, a right to the United States or any agency use of water that would be protected under the United States, or any other entity. law as it existed prior to July 1, 1973. The term includes federal non-Indian and Indian reserved water rights created under federal law and water rights created under state law.

(14) "Political subdivision" "Ground water" means any county, incorporated city or town, public corporation, or district created pursuant to state law or water that is beneath other public body of the state empowered to appropriate water. The term does not mean a private corporation, association, or ground surface. group.

(15) "Salvage" "Late claim" means a claim to make water available for beneficial use from an existing valid appropriation through application right forfeited pursuant to the conclusive presumption

(16) "State "Mitigation" water means reservation" means the reallocation of surface a water or ground water through a change in appropriation right created under state law after July 1, 1973, that or reserves other means water that for existing or future beneficial uses or that maintains a minimum flow, level, or quality does not result in surface of water throughout the year or at periods or for

(17) "Substantial credible information" "Municipality" means probable, believable facts sufficient to support a reasonable legal theory upon which the department should an incorporated city or town organized and incorporated under Title 7, chapter 2. proceed with the action requested by the person providing the information.

(18) "Waste" means the unreasonable loss of water through the design or negligent operation of an appropriation or water distribution facility or the application of water to anything but a beneficial use.

(18) (a) "National forest system lands" means all lands within Montana that are owned by the United States and administered by the secretary of agriculture through the forest service.

(b) The term does not include any lands within the exterior boundaries of national forest system units that are not owned by the United States and administered by the secretary of agriculture through the forest service.

(19) "Water" "Nonconsumptive use" means all a beneficial use water of of water that does not cause a reduction in the state, surface source and of subsurface, regardless supply and in which substantially all of its character or manner the water returns without delay of to occurrence, including but not limited to geothermal water, diffuse surface water, and sewage effluent. the source of supply, causing little

(2) "Beneficial use", unless otherwise provided, means: "Appropriation right" has the same meaning as "water right" as defined in this section.

(a) a use of water for the benefit of the appropriator, other persons, or the public, including but not limited to agricultural (including stock water), domestic, fish and wildlife, industrial, irrigation, mining, municipal, power, and recreational uses;

(b) a use of water appropriated by the department for the state water leasing program under 85-2-141 and of water leased under a valid lease issued by the department under 85-2-141;

(c) a use of water by the department of fish, wildlife, and parks pursuant to a lease authorized under 85-2-436; or

(d) a use of water to maintain and enhance streamflows to benefit the fishery resource in the Upper Clark Fork River basin as part of the Upper Clark Fork River basin instream flow pilot program authorized under 85-2-439.

(20) "Water division" "Permit" means a drainage basin as defined in 3-7-102. the permit to appropriate issued by the department under 85-2-301 through 85-2-303 and 85-2-306 through 85-2-314.

(21) "Water judge" "Person" means a judge as provided for in Title 3, chapter 7. an individual, association, partnership, corporation, state agency, political subdivision, the United States or any agency of the United States, or any other entity.

(22) "Water master" means a master as provided for in Title 3, chapter 7.

(22) (a) "Political subdivision" means any county, incorporated city or town, public corporation, or district created pursuant to state law or other public body of the state empowered to appropriate water.

(b) The term does not mean a private corporation, association, or group.

(23) "Watercourse" "Salvage" means any naturally occurring stream or river to make from water which water is diverted available for beneficial uses. It does not include ditches, culverts, or other constructed waterways. use from an existing valid appropriation through application of water-saving methods.

(24) "Well" "State water reservation" means any artificial opening or excavation in the ground, however made, by which ground a water is sought or can be obtained or through which it flows right created under natural pressures or is artificially withdrawn. (Terminates June 30, 1999--sec. 4, Ch. 740, L. 1991.) state law after July 1, 1973, that reserves water for existing or future beneficial uses or that maintains a minimum flow, level, or quality of water throughout the year or at periods

(25) "Stream depletion zone" means an area where hydrogeologic modeling concludes that as a result of a ground water withdrawal, the surface water would be depleted by a rate equal to at least 30% of the ground water withdrawn within 30 days after the first day a well or developed spring is pumped at a rate of 35 gallons a minute.

(26) "Substantial credible information" means probable, believable facts sufficient to support a reasonable legal theory upon which the department should proceed with the action requested by the person providing the information.

(27) "Waste" means the unreasonable loss of water through the design or negligent operation of an appropriation or water distribution facility or the application of water to anything but a beneficial use.

(28) "Water" means all water of the state, surface and subsurface, regardless of its character or manner of occurrence, including but not limited to geothermal water, diffuse surface water, and sewage effluent.

(29) "Water division" means a drainage basin as defined in 3-7-102.

(3) "Certificate" "Aquifer recharge" means a certificate either of the controlled subsurface addition of water right issued by directly to the department. aquifer or controlled application of water to the ground surface for the purpose of replenishing the aquifer to offset adverse effects resulting from net depletion of surface water.

(30) "Water judge" means a judge as provided for in Title 3, chapter 7.

(31) "Water master" means a master as provided for in Title 3, chapter 7.

(32) (a) "Water right" means the right to appropriate water pursuant to an existing right, a permit, a certificate of water right, a state water reservation, or a compact.

(b) The term does not include an authorized notice of intent to appropriate groundwater pursuant to 85-2-306.

(33) "Watercourse" means any naturally occurring stream or river from which water is diverted for beneficial uses. It does not include ditches, culverts, or other constructed waterways.

(34) "Well" means any artificial opening or excavation in the ground, however made, by which ground water is sought or can be obtained or through which it flows under natural pressures or is artificially withdrawn.

(4) "Change in appropriation right" "Aquifer storage and recovery project" means a change in project involving the place use of diversion, the place of use, the purpose of use, or the place of storage. an aquifer to temporarily store water through various means, including but not limited to injection, surface spreading and infiltration, drain fields, or another department-approved method. The stored water may be either pumped from the injection well or other wells for beneficial use or allowed to naturally drain away for a beneficial use.

(5) "Commission" means the fish, wildlife, and parks commission provided for in 2-15-3402. "Beneficial use", unless otherwise provided, means:

(a) a use of water for the benefit of the appropriator, other persons, or the public, including but not limited to agricultural, stock water, domestic, fish and wildlife, industrial, irrigation, mining, municipal, power, and recreational uses;

(b) a use of water appropriated by the department for the state water leasing program under 85-2-141 and of water leased under a valid lease issued by the department under 85-2-141;

(c) a use of water by the department of fish, wildlife, and parks through a change in an appropriation right for instream flow to protect, maintain, or enhance streamflows to benefit the fishery resource authorized under 85-2-436;

(d) a use of water through a temporary change in appropriation right or lease to enhance instream flow to benefit the fishery resource in accordance with 85-2-408;

(e) a use of water through a temporary lease of an appropriation right approved by the department pursuant to 85-2-428;

(f) a use of water for aquifer recharge or mitigation; or

(g) a use of water for an aquifer storage and recovery project as provided in 85-2-368.

(6) "Correct and complete" "Certificate" means that a certificate of water right issued by the information required to be submitted conforms to the standard of substantial credible information and that department. all of the necessary parts of the form requiring the information have been filled in with the required information.

(7) "Declaration" means the declaration of an existing right filed with the department under section 8, Chapter 452, Laws of 1973.

(7) (a) "Change in appropriation right" means a change in the place of diversion, the place of use, the purpose of use, or the place of storage.

(b) The term does not include a change in water use related to the method of irrigation.

(8) "Department" "Commission" means the department of natural resources fish and conservation wildlife commission provided for in Title 2, chapter 15, part 33. 2-15-3402.

(9) "Existing right" or "existing water right" "Correct and complete" means a right to that the use information required to of be water that would be protected under submitted conforms the to law as it existed prior to July 1, 1973. The term includes federal non-Indian the standard of substantial credible information and Indian reserved water rights created under federal law and water rights created under state law. that all of the necessary parts of the form requiring the information have been filled

(Temporary)

Unless the context requires otherwise, in this chapter, the following definitions apply: