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Show 314 SUMMARIES OF THE STATE WATER RIGHTS SYSTEMS Conservation. The legislation contains provisions for publishing notice of applications for permits and filing objections to applications. If the Depart- ment determines that an objection to an application states a valid objection, a public hearing is to be held. If no objection is filed, but the Department is of the opinion that the application should be approved in a modified form or upon terms, conditions or limitations, or that the application should be denied, the Department shall state the reasons therefor and notify the applicant that he may obtain a hearing. No application may be approved in a modified form or upon terms, conditions or limitations, or denied, unless the applicant is first given an opportunity to be heard.44 Upon completion of the appropriation, the permittee receives a certificate of water right. However, except as provided in the section of the Act relating to ground water,45 no certificate of water right in a particular source may be issued prior to a general determination of existing rights in that source.46 Persons aggrieved by decisions of the Department are entitled to hearings before the Board of Natural Resources and Conservation.47 As between appropriators, first in time is first in right. The priority of an appropriation made under this Act, except for certain ground waters,48 dates from the filing of an application for a permit.49 Priority of appropriation perfected before the effective date of this Act shall be determined in accordance with the provisions relating to determinations of existing rights.50 (Continued) Under the Montana Water Resources Act, the authority of the Department conferred by the Act "extends and applies to rights to the natural flow of the waters of this state which it may acquire, with the approval of the board [of natural resources and conservation], by condemnation, purchase, exchange, appropriation or agreement." Mont. Rev. Codes Ann. §89-125(1) (Interim Supp. 1974). (Emphasis added.) 44Mont Rev. Codes Ann. §§89-881 to -884 (Supp. 1973). Various criteria for issuing permits, limitations on the issuance of permits, and terms and conditions which may be imposed in issuing permits are discussed later under "Restrictions and preferences in appropriation of water." Section 89-884 imposes time limitations on the Department's actions on applications. 4SMont. Rev. Codes Ann. §89-880(4) (Interim Supp. 1974). This is discussed at note 133 infra. 46 Mont. Rev. Codes Ann. §89-888(3) (1973). Determinations of existing rights are discussed later under "Determination of Conflicting Water Rights." 47Id. §89-8-100. 48 See the discussion at note 133 infra. 49 Mont. Rev. Codes Ann. § §89-891(1) and (2) (Supp. 1973). A defective application for a permit does not lose priority because of those defects if it is correctly refiled within 30 days after its return to the applicant or within such further time as the Department may allow. Mont. Rev. Codes Ann. §89-880(2) (Interim <Supp. 1974). S0Mont. Rev. Codes Ann. §89-891(3) (Supp. 1973). Determinations of existing rights are discussed later under "Determination of Conflicting Water Rights." |
