Mont. Code Ann. » TITLE 85. WATER USE · CHAPTER 2. SURFACE WATER AND GROUND WATER · Part 2. Adjudication of Water Rights
Montana Code Annotated

Mont. Code Ann. § 85-2-223 (2026)

Public Recreational Uses

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 85
  3. CHAPTER 2
  4. Part 2
  5. 85-2-223 Public recreational uses

TITLE 85. WATER USE

CHAPTER 2. SURFACE WATER AND GROUND WATER

Part 2. Adjudication of Water Rights

Public Recreational Uses

85-2-223. Public recreational uses. The department of fish, wildlife, and parks shall exclusively represent the public for purposes of establishing any prior and existing public recreational use in existing right determinations under this part, provided that the foregoing shall not exclude a federal governmental entity from representing the public for the purpose of establishing any prior and existing public recreational use in existing right determinations under this part. The foregoing shall not be construed in any manner as a legislative determination of whether or not a recreational use sought to be established prior to July 1, 1973, is or was a beneficial use.

History: En. Sec. 12, Ch. 697, L. 1979.

Notes of Decisions
Cited in 4 cases, 1988–2011 · leading case: Montana Trout Unlimited v. Beaverhead Water Co., 2011 MT 151 (Mont. 2011).
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Montana Trout Unlimited v. Beaverhead Water Co., 2011 MT 151 (Mont. 2011). · cites it 38× “In light of this purpose, the Water Court relied upon § 85-2-223, MCA, which provides in part that the DFWP "shall exclusively represent the public for purposes of establishing any prior and existing public recreational use in existing [water] right determinations." The Water…”
Matter of Dearborn Drainage Area, 782 P.2d 898 (Mont. 1989). · cites it 6× “They argue that the judgment rendered by the Water Court is in error because it specifically found the claim was asserted in good faith and in accordance with the statutory mandate of § 85-2-223, MCA. This statute directs the Department to represent the public in claiming water…”
In Re the Adjudication of the Existing Rights to the Use of All the Water Both Surface & Underground, Within the Dearborn Drainage Area, 766 P.2d 228 (Mont. 1988). · cites it 3× “Section 85-2-223, MCA. Under this statute, DFWP considers itself duty-bound to file appropriative use claims in this and other drainages.”
Dep't of Fish, Wildlife & Parks v. Montana Stockgrowers Ass'n, 782 P.2d 898 (Mont. 1989). · cites it 6× “They argue that the judgment rendered by the Water Court is in error because it specifically found the claim was asserted in good faith and in accordance with the statutory mandate of § 85-2-223, MCA. This statute directs the Department to represent the public in claiming water…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.