Montana § 85-2-315 - Certificate Of Water Right

Full text of Montana Montana Code Annotated § 85-2-315 — Certificate Of Water Right, with citation guidance and answers to common questions.

§ 85-2-315. Certificate Of Water Right

Certificate of water right. (1) (a) On actual application of water to the proposed beneficial use within the time allowed, the permittee shall notify the department that the appropriation has been completed. The notification must contain a certified statement by a person with experience in the design, construction, or operation of appropriation works describing how the appropriation was completed. The department shall review the certified statement and may inspect the appropriation to verify whether the appropriation was completed in substantial accordance with the terms of the permit, including any reduction or modification pursuant to 85-2-313 . (b) If the department determines that the appropriation has been completed in substantial accordance with the terms, conditions, restrictions, and limitations of the permit approval and any reduction or modification pursuant to 85-2-313 , the department shall issue a certificate of water right for the permit. (c) If the department determines that the appropriation was not completed in substantial accordance with the terms, conditions, restrictions, and limitations of the permit approval, including any reduction or modification pursuant to 85-2-313 , the department may, after notice, require the permittee to show cause why the permit should not be modified or revoked pursuant to 85-2-314 . (2) After a final decree is issued in a basin pursuant to 85-2-234 , the department shall issue a certificate of water right for a change in appropriation right that is verified or modified pursuant to 85-2-402 (9) and (10). (3) The original of a certificate of water right must be sent to the owner of the permit or change in appropriation right, and a duplicate must be maintained in the department's centralized database.

Source: official Montana text · Last verified 2026-08-27

Frequently Asked Questions About Montana § 85-2-315

What does Montana Code Annotated § 85-2-315 cover?

Section 85-2-315 ("Certificate Of Water Right") is part of the Montana Code Annotated, the codified statutory law of Montana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Montana § 85-2-315?

A common citation format is "Montana Code Annotated § 85-2-315" (Montana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Montana law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Montana official source linked on this page or consult a licensed Montana attorney.

How does Montana § 85-2-315 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Montana can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Montana.