85-2-508. Controlled ground water areas -- permits to appropriate.
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/mt/title-85/chapter-2/part-5/85-2-508·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
85-2-508 . Controlled ground water areas -- permits to appropriate.
(1)A person may appropriate ground water in a controlled ground water area by:
(a)applying for and receiving a permit from the department in accordance with part 3 of this chapter; or
(b)following the requirements of a rule promulgated pursuant to 85-2-506 .
(2)The department may not grant a permit if the withdrawal would be beyond the capacity of the aquifer or aquifers in the controlled ground water area to yield ground water within a reasonable or feasible pumping lift, in the case of pumping developments, or within a reasonable or feasible reduction of pressure, in the case of artesian developments.