Montana § 85-2-301 - Right To Appropriate -- Recognition And Confirmation Of Permits Issued After July 1, 1973
Full text of Montana Montana Code Annotated § 85-2-301 — Right To Appropriate -- Recognition And Confirmation Of Permits Issued After July 1, 1973, with citation guidance and answers to common questions.
§ 85-2-301. Right To Appropriate -- Recognition And Confirmation Of Permits Issued After July 1, 1973
Right to appropriate -- recognition and confirmation of permits issued after July 1, 1973. (1) After July 1, 1973, a person may not appropriate water except as provided in this chapter. A person may appropriate water only for a beneficial use. (2) (a) Only the department may appropriate water by permit for transport outside the following river basins: (i) the Clark Fork River and its tributaries to its confluence with Lake Pend Oreille in Idaho; (ii) the Kootenai River and its tributaries to its confluence with Kootenay Lake in British Columbia; (iii) the St. Mary River and its tributaries to its confluence with the Oldman River in Alberta; (iv) the Little Missouri River and its tributaries to its confluence with Lake Sakakawea in North Dakota; (v) the Missouri River and its tributaries to its confluence with the Yellowstone River in North Dakota; and (vi) the Yellowstone River and its tributaries to its confluence with the Missouri River in North Dakota. (b) The department may lease water subject to this subsection (2) under the provisions of 85-2-141 . (3) A right to appropriate water may not be acquired by any other method, including by adverse use, adverse possession, prescription, or estoppel. The method prescribed by this chapter is exclusive. (4) All permit actions of the department after July 1, 1973, are recognized and confirmed subject to this part and any terms, conditions, and limitations placed on a permit by the department. (5) Pursuant to 85-20-1902 , the provisions of this section do not apply within the exterior boundaries of the Flathead Indian reservation.
Source: official Montana text · Last verified 2026-08-27
Frequently Asked Questions About Montana § 85-2-301
What does Montana Code Annotated § 85-2-301 cover?
Section 85-2-301 ("Right To Appropriate -- Recognition And Confirmation Of Permits Issued After July 1, 1973") 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 § 85-2-301?
A common citation format is "Montana Code Annotated § 85-2-301" (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 § 85-2-301 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.