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Show Chapter 26. MONTANA CONTENTS Page 1. Development of Montana Water Law__________________________ 449 2. State Organizational Structure for Water Administration and Control- 449 2.1 Administration of Water Rights_______________________ 450 2.2 Resolution of Water Use Conflicts_____________________ 452 2.3 Other Agencies Having Water Resource Responsibilities____ 452 3. Surface Waters____________________________________________ 453 3.1 Method of Acquiring Rights__________________________ 453 3.2 Nature and Limit of Rights__________________________ 456 3.3 Changes, Sales, and Transfers________________________ 456 3.4 Loss of Rights____________________________________ 457 3.5 Storage Waters, Artificial Lakes, and Ponds_____________ 457 3.6 Springs__________________________________________ 457 3.7 Diffused Surface Waters_____________________________ 457 4. Ground Water____________________________________________ 458 Publications Available________________________________________ 459 DISCUSSION 1. Development of Montana Water Law Montana, like the other arid or semiarid Western States, early adopted the law of prior appropriation as most suitable to its topog- raphy, climate, and the prevalence of mining and agriculture in its early history.1 Until 1885 water rights were appropriated and used in accordance with the customs and rules of miners and settlers de- rived from the rules of mining districts during the gold rush days in California. In 1885 the legislature established a statutory procedure for appropriating water in a manner similar to that lor locating mining claims on the public domain, by posting notices at the point of diversion, filing certificates with the county clerk, and thereafter prosecuting development of the water claim with diligence to com- pletion. Subsequently, a second procedure for claiming water rights on "adjudicated" streams through court proceedings was enacted in 1921. Montana is unique among the States in adhering to the court ad- ministration of water rights through a system of court appointed water commissioners rather than through the administrative offices of a state engineer or other administrative official as is now done in all other Western States. 2. State Organizational Structures for Water Administration and Control Montana has changed its organizational structure at the State level several times in recent years. In 1965 the duties and authority of 1 See Bailey v. Ttntinger, 45 Mont. 154, 122 Pac. 575 (1912) ; Mettler v. Ames Realty Co., 61 Mont. 152,201 Pac. 702 (1921). 449 |
