85-2-336. Basin closure — exception. (1) As provided in 85-2-319 and subject to the provisions of subsection (2) of this section, the department may not grant an application for a permit to appropriate water within the upper Clark Fork River basin.

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(2)The provisions of subsection (1) do not apply to:

(a)an application for a permit to appropriate ground water if the applicant complies with the provisions of 85-2-360;

(b)an application for a permit to appropriate surface water to conduct aquatic resource activities carried out in compliance with and as required by the federal Clean Water Act of 1977, 33 U.S.C. § 1251 through 1387. A permit issued to conduct aquatic resource actions may not be used for dilution.

(c)an application for a permit to appropriate water for stock use;

(d)an application to store water;

(e)an application submitted pursuant to 85-20-1401, Article VI; or

(f)an application for power generation at existing hydroelectric dams. The department may not approve a permit for power generation if approval results in additional consumption of water.

(3)A change of use authorization for changing the purpose of use may not be issued for any permit issued pursuant to subsection (2)(b) or (2)(c).

(4)Except as provided in 85-20-1401, applications for state water reservations in the upper Clark Fork River basin filed pursuant to 85-2-316 and pending as of May 1, 1991, have a priority date of May 1, 1991. The filing of a state water reservation application does not provide standing to object under 85-2-402.

(5)Except as provided in 85-20-1401, the department may not process or approve applications for state water reservations in the upper Clark Fork River basin filed pursuant to 85-2-316.