Terms Used In Montana Code > Title 75 > Chapter 7 - Aquatic Ecosystem Protections

• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Applicant: means any person presenting notice of a project to the supervisors. See Montana Code 75-7-103
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Customary: means according to usage. See Montana Code 1-1-206
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means the Montana department of fish, wildlife, and parks. See Montana Code 75-7-103
• District: means :

  (a)a conservation district under Title 76, chapter 15, in which the project will take place;

  (b)a grass conservation district under Title 76, chapter 16, where a conservation district does not exist; or

  (c)the board of county commissioners in a county where a district does not exist. See Montana Code 75-7-103

• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
• Lake: means a body of standing water and the area within its lakeshore occurring naturally rather than by virtue of constructed impoundments (although a natural lake whose level is raised and whose area is increased by the construction of impoundments includes the additional level and area), having a water surface area of at least 160 acres for at least 6 months in a year of average precipitation as such averages are determined by the United States geological survey, not used exclusively for agricultural purposes, and navigable by canoes and small boats. See Montana Code 75-7-202
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means any individual, corporation, firm, partnership, association, or other legal entity not covered under 87-5-502. See Montana Code 75-7-103
• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• Project: means a physical alteration or modification that results in a change in the state of a natural, perennial-flowing stream or river, its bed, or its immediate banks. See Montana Code 75-7-103
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Stream: means any natural, perennial-flowing stream or river, its bed, and its immediate banks except a stream or river that has been designated by district rule as not having significant aquatic and riparian attributes in need of protection or preservation under 75-7-102. See Montana Code 75-7-103
• Supervisors: means the board of supervisors of a conservation district, the directors of a grass conservation district, or the board of county commissioners where a proposed project is not within a district. See Montana Code 75-7-103
• Team: means one representative of the supervisors, one representative of the department, and the applicant or the applicant's representative. See Montana Code 75-7-103
• United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
• Writing: includes printing. See Montana Code 1-1-203
• Written consent of the supervisors: means a written decision of the supervisors approving a project and specifying activities authorized to be performed in completing the project. See Montana Code 75-7-103