Montana § 85-2-805 - Criteria For Approval -- Terms
Full text of Montana Montana Code Annotated § 85-2-805 — Criteria For Approval -- Terms, with citation guidance and answers to common questions.
§ 85-2-805. Criteria For Approval -- Terms
Criteria for approval -- terms. (1) The department may issue its approval of a diversion of water allocated to Montana under the terms of the compact or unallocated compact water diverted in Montana if: (a) the diversion and the ultimate use of the water in Montana are for a beneficial use of water; (b) the diversion and ultimate use of water will not adversely affect the water rights of other persons; (c) the proposed means of diversion, construction, and operation are adequate; (d) the diversion and ultimate use will not interfere unreasonably with other planned uses or developments for which a water right has been established or a permit has been issued or for which water has been reserved; (e) the diversion and ultimate use of water will not exceed the allocated share under the compact of any of the signatory states; (f) the diversion and ultimate use of the water are in the public interest of Montana; and (g) the applicant signs an agreement to comply with the laws of the signatory states to the compact in constructing, operating, and maintaining all facilities associated with the diversion and ultimate use of the water. (2) The department may approve a diversion of water allocated to North Dakota or Wyoming or unallocated compact water diverted in North Dakota or Wyoming if the diversion will not adversely affect the property, rights, or interests of an appropriator located in Montana and if the diversion and ultimate use of water will not exceed the allocated share under the compact of any of the signatory states. (3) The department may approve a diversion subject to such terms, conditions, restrictions, and limitations as it considers necessary to meet the applicable criteria listed in subsection (1) or (2).
Source: official Montana text · Last verified 2026-08-27
Frequently Asked Questions About Montana § 85-2-805
What does Montana Code Annotated § 85-2-805 cover?
Section 85-2-805 ("Criteria For Approval -- Terms") 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 § 85-2-805?
A common citation format is "Montana Code Annotated § 85-2-805" (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 § 85-2-805 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.