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Show MONTANA 453 cation of streams,38 allocate unused waters of the district,39 borrow money, incur indebtedness, and issue revenue bonds and bonds pay- able from assessments on taxable real property within the district.40 They may^ also cooperate with the state and Federal agencies in con- nection with the construction, operation, maintenance and financing of works.41 B. IRRIGATION DISTRICTS AND DRAINAGE DISTRICTS Statutes authorizing the creation of irrigation districts and drain- age districts in Montana first were enacted in 1905 and 1907, respec- tively. Irrigation districts are organized to appropriate water and contruct works for the benefit of irrigable acreages within the dis- trict and, typically, are vested with limited powers to borrow and tax for the purposes of the district.42 The drainage district law similarly provides for the organization of the district, selection of commis- sioners, and the undertaking of drainage works with costs assessed to benefited lands, railways, irrigation ditches, counties, cities, towns and subdivisions.43 C. COUNTIES AND MUNICIPALITIES Cities, towns, or counties are authorized to engage or participate in water conservation and flood control projects within their geogra- phic limits and may levy special assessments against benefited real property within the area of any water conservation or flood control system.44 D. DEPARTMENT OF HEALTH AND ENVIRONMENTAL SCIENCES The Montana Water Pollution Control Act45 is administered by the State department of health and environmental sciences.46 3. Surface Waters 3.1 Method of Acquiring Bights In Montana the right to use unappropriated water of any stream, lake or other natural source of supply may be acquired by appropria- tion.47 Historically, the essential features of an appropriation have been a completed diversion and application of water to a beneficial use.48 With certain exceptions the elements of diversion and beneficial use remain essential to an appropriation. As noted below the diversion need not be completed at the time of appropriation. Moreover, the legislature has recently authorized in stream appropriation by the 38 Sec. 89-3413(6), repl., vol. 6 (pt. 1). R.C.M., 1947 (1971 supp.). » Sec. 89-3413(18), repl., vol. 6 (pt. 1), R.C.M., 1947 (1971 supp.). « Sec. 89-3413(13), repl., vol. 6 (pt. 1), R.C.M., 1947 (1971 supp.). « Sec. 89-3413(20), repl., vol. 6 (pt. 1), R.C.M., 1947 (1971 supp.). *» Sees. 89-1201 to -1220; 89-1301 to -1325 ; 89-1401 to -1416; 89-1501; 89-1601 to -1617; 89-1701 to -1715; 89-1801 to -1832; 89-1901 to -1906; 89-2001 to -2008; 89-2101 to -2128, repl., vol. 6 (pt. 1). R.C.M., 1947, as amended (1971 supp.). « Sees. 89-2201 to -2218; 89-2301 to -2351; 89-2401 to -2412; 89-2051-2502; 89- 2061; 89-2701 to -2713 ; repl., vol. 6 (pt. 1), R.C.M., 1947, as amended (1971 supp.). « Sec. 89-3801 to -3314, repl., vol. 6 (pt. 1). R.C.M., 1947 (1971 supp.). « Sees. 69-4801 to -4827, repl., vol. 4 (pt. 1). R.C.M., 1947, as amended (1971 supp.). *« Sec. 69-4805, repl. vol. 4 (pt. 1), R.C.M., 1947 (1971 supp.). « Sec. 89-801, repl., vol. 6 (pt. 1), R.C.M., 1947. **Maynard v. Watkins, 55 Mont. 54 173 Pac. 551 (1918). |
