85-2-343 . Basin closure -- exceptions. (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 or for a reservation to reserve water within the upper Missouri River basin until the final decrees have been issued in accordance with part 2 of this chapter for all of the subbasins of the upper Missouri River basin. (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 water for a nonconsumptive use; (c) an application for a permit to appropriate water for: (i) domestic use from surface water or pursuant to 85-2-306 ; (ii) stock use; or (iii) use of surface water by or for a municipality; (d) an application to store water during high spring flows; (e) an application for a permit to use water from the Muddy Creek drainage, which drains to the Sun River, if the proposed use of water will help control erosion in the Muddy Creek drainage; (f) an application submitted pursuant to 85-20-1401 , Article VI; (g) temporary emergency appropriations, including for emergency fire training and emergency fire-related operations, as provided for in 85-2-113 (3); or (h) an application for a permit to appropriate surface water to conduct response actions related to natural resource restoration required for: (i) remedial actions pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. 9601, et seq.; (ii) 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; or (iii) remedial actions taken pursuant to Title 75, chapter 10, part 7. (3) A permit issued to conduct remedial actions or aquatic resource activities under subsection (2)(h) may not be used for dilution. (4) A change of use authorization for changing the purpose of use may not be issued for any permit issued pursuant to subsection (2)(b), (2)(c), (2)(e), (2)(g), or (2)(h).
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