Montana Title 85. Water Use § 85-2-420. Change in appropriation right for aquifer recharge or mitigation--marketing

(3)(a) If the full amount of the appropriation right is not sold or marketed as mitigation or aquifer recharge prior to the completion date, the water right retains the beneficial uses authorized prior to the change approved pursuant to this section.

(b) For an appropriation right that retains the original beneficial uses pursuant to this section, if the water retained for the original beneficial uses and the amount sold or marketed for mitigation or aquifer recharge are:

(a) determine a period for the change in appropriation right to be completed that does not exceed 20 years;

(b) determine an appropriate location for measuring the amount of water that will be used for mitigation or aquifer recharge and, if necessary, require installation of a measuring device; and

(c) require the appropriator to notify the department within 30 days each time a portion of the change is completed.