2005 Montana Code Annotated - 85-20-105 — Duty to install measuring devices.

     85-20-105. Duty to install measuring devices. Any person claiming an appropriative right to use any waters of any interstate tributary of the Yellowstone River, which right was acquired subsequently to January 1, 1950, shall, after February 25, 1953, and before he diverts any such water, install in his ditch or other means of diversion a weir or other measuring device so that all of the water to be diverted by him can be accurately measured. The installation of a weir or other measuring device is subject to the approval of the department, and if in its judgment such weir or other measuring device or the installation of the same is defective so that the water cannot be accurately measured, it may order the installation of an accurate measuring device. The claimant shall not divert any water until he complies with such order.

     History: En. Sec. 4, Ch. 92, L. 1953; amd. Sec. 11, Ch. 280, L. 1965; amd. Sec. 158, Ch. 253, L. 1974; R.C.M. 1947, 89-908.