85-2-217. Suspension of adjudication. While negotiations for the conclusion of a compact under part 7 are being pursued, all proceedings to generally adjudicate reserved Indian water rights and federal reserved water rights of those tribes and federal agencies that are negotiating are suspended. The obligation to file water rights claims for those federal non-Indian and Indian reserved rights is also suspended. This suspension is effective until July 1, 2013, as long as negotiations are continuing or ratification of a completed compact is being sought. If approval by the state legislature and tribes or federal agencies has not been accomplished by July 1, 2013, the suspension must terminate on that date. Upon termination of the suspension of this part, the tribes and the federal agencies are subject to the special filing requirements of 85-2-702(3) and all other requirements of the state water adjudication system provided for in Title 85, chapter 2. Those tribes and federal agencies that choose not to negotiate their federal non-Indian and Indian reserved water rights are subject to the full operation of the state adjudication system and may not benefit from the suspension provisions of this section.
Mont. Code Ann. § 85-2-217
Suspension Of Adjudication
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TITLE 85. WATER USE
CHAPTER 2. SURFACE WATER AND GROUND WATER
Part 2. Adjudication of Water Rights
Suspension Of Adjudication
History: En. Sec. 27, Ch. 697, L. 1979; amd. Sec. 4, Ch. 268, L. 1981; amd. Sec. 1, Ch. 667, L. 1985; amd. Sec. 1, Ch. 358, L. 1987; amd. Sec. 2, Ch. 784, L. 1991; amd. Sec. 1, Ch. 44, L. 1997; amd. Sec. 3, Ch. 497, L. 1997; amd. Sec. 1, Ch. 103, L. 2003; amd. Sec. 1, Ch. 5, L. 2009.
Notes of Decisions
Cited in 7
cases, 1983–2007 · leading case: State Ex Rel. Greely v. Water Court of State
State Ex Rel. Greely v. Water Court of State (1985)
“Is this Court barred from taking jurisdiction by § 85-2-217, MCA, which provides that all proceedings to generally adjudicate reserved Indian water rights and federal reserved water rights are suspended while the tribes are negotiating? In 1973, the Montana legislature passed…”
In re the Beneficial Water Use Permit Nos. 66459-76L, Ciotti 64988-g76L, Starner (1996)
“The court held that DNRC has jurisdiction pursuant to the Water Use Act to issue new use permits prior to formal adjudication of existing water rights or completion of compact negotiations, that DNRC’s jurisdiction to issue such permits is not suspended by § 85-2-217, MCA, and…”
Arizona v. San Carlos Apache Tribe of Ariz. (1983)
“Laws 393 , codified at Mont. Code Ann. § 85-2-217 (1981). [5] The Montana Supreme Court set an original filing deadline of January 1, 1982, App.”
Confederated Salish and Kootenai Tribes v. Clinch (2007)
“See § 85-2-217, MCA. Thus, as yet, there are no ascertainable non-reserved/excess/surplus Reservation waters over which the DNRC might exert regulatory power.”
Matter of Beneficial Water Use Permits (1996)
“The court held that DNRC has jurisdiction pursuant to the Water Use Act to issue new use permits prior to formal adjudication of existing water rights or completion of compact negotiations, that DNRC's jurisdiction to issue such permits is not suspended by § 85-2-217, MCA, and…”
In Re the Activities of the Department of Natural Resources & Conservation (1987)
“There is, of course, a potential of due process problems in Montana’s adjudication plan, but absent a factual record, we may not presume that due process violations have occurred.”
Matter of Application for Beneficia (1996)
“Section 85-2-217, MCA, provides that adjudication of Indian reserved water rights and federal reserved water rights shall be suspended during negotiations for the conclusion of a water compact.”
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