The definitions in 85-1-102 , MCA, and the following definitions apply to this sub-chapter:

(1) "Irrigated agriculture" means the sector of the Montana economy that uses water to irrigate crops and to water stock.

(2) "Water marketing contract" means the agreement between a local water users' association and the department whereby the department agrees to sell to the water users' association available water from a project and the water users' association agrees to distribute the water to individual water users under a water purchase contract.

(3) "Water purchase contract" means the agreement among the water users' association, the water user, and the department whereby the water user agrees to purchase a definite amount of water subject to the terms and conditions of the water marketing contract and the water purchase contract. In the case of water for instream flow by a public agency, "water purchase contract" means the agreement between the department and a public agency whereby the department agrees to sell to the public agency available water from a project and the public agency agrees to maintain the water for purpose of instream flows.