36.12.110 LEGAL LAND DESCRIPTION STANDARDS
(1) Primary or secondary points of diversion must be described as one or more of the following:
(a) ¼¼¼ section, section, township, range and county;
(b) lot, block, subdivision, ¼ section, section, township, range and county;
(c) government lot, ¼ section, section, township, range and county; or
(d) certificate of survey number with or without a lot number, ¼ section, section, township, range and county.
(2) The point of diversion legal description of an on-stream reservoir must be described as the point where the dam or pit crosses the source of supply.
(3) Transitory diversions must be described as the most upstream diversion point and a measurement in stream miles downstream from the upstream point. For example the transitory diversion will extend from the upstream point to approximately one mile downstream.
(4) If secondary diversions are described, they must be identified as "secondary".
(5) The legal land description for the place of use must be listed to the nearest reasonable and concise legal land description. For example, it would be appropriate to describe 20 acres in the N½NWNW rather than ten acres in the NWNWNW and ten acres in the NENWNW. For a subdivision covering most of the SW, it would be appropriate to describe the place of use as the SW rather than the NWSW, NESW, SWSW, and SESW.
History: 85-2-113, MCA; IMP, 85-2-301 through 85-2-319, 85-2-321 through 85-2-323, 85-2-329 through 85-2-331, 85-2-335 through 85-2-338, 85-2-340 through 85-2-344, 85-2-350, 85-2-351, 85-2-401, 85-2-402, 85-2-407, 85-2-408, 85-2-410 through 85-2-413, 85-2-415 through 85-2-419, 85-2-436, 85-2-437, 85-2-439, 85-2-501 through 85-2-512, 85-2-601 through 85-2-606, 85-2-608, 85-2-804 through 85-2-806, MCA; NEW, 2005 MAR p. 162, Eff. 1/1/05.