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Show MONTANA 327 law for ground water, which has been subsequently amended.123 Under this act "ground water" means any fresh water under the surface of the land, including water under any surface body of water.124 The Department, on its own motion or on petition of one-fourth or 20 of the users of ground water (whichever is less) in a ground water area, may propose to the Board of Natural Resources and Conservation that an area of controlled ground water be designated or modified where: (1) ground water withdrawals are in excess of recharge in the area; (2) excessive withdrawals are likely to occur in the near future; or (3) significant disputes concerning ground water rights are in progress in the area.125 If the Board finds that withdrawals in such an area exceed the safe yield, it shall order the aggregate withdrawal decreased so that it does not exceed the safe yield. Except for domestic use, such decrease shall conform to priority of rights.126 Any person claiming a right to withdraw ground waters, or the Department of Natural Resources and Conservation, may initiate a hearing by the Department to ascertain existing rights in the area involved.127 At this hearing, the Department may modify or confirm the boundaries of the area, determine priority of rights, and define quantitatively the extent of all rights being there considered.128 Ground waters shall not be wasted without beneficial use. The Board shall require contaminating wells to be plugged or capped, all flowing wells to be equipped so that the flow can be stopped, and all wells to be constructed and maintained to avoid these difficulties. Instances are listed in which withdrawal or use of ground water is not to be construed as waste.129 Anyone wishing to appropriate ground water from a controlled area must request a permit to do so from the Department in accordance with the 1973 Montana Water Use Act, discussed earlier.130 The Department may not grant such permit if the withdrawal would be beyond the capacity of the aquifer "to 123 Mont. Rev. Codes Ann. §89-2911 et seq. (1964), as amended. 124 Mont. Rev. Codes Ann. §89-291 l(a) (Interim Supp. 1974). This legislation replaced previous legislation of limited coverage enacted in 1957. Laws 1957, ch. 58. 125Id. §89-2914. "The department may appoint one or more ground water supervisors for each designated controlled area, and may appoint one or more ground water supervisors at large. Within their respective jurisdictions and under the direction of the department, the ground water supervisors and supervisors at large shall supervise the withdrawal of ground water and the carrying out of orders issued by the department." Id. §89-2932. 126 Id. §89-2915. l21Id. §89-2916. 12SId. §89-2917. 129Id. §89-2926. 130 See "Appropriation of Water of Watercourses-Procedures for appropriating water: Montana Water Use Act," supra. See the discussion at note 67 supra with respect to priority in time as between appropriators, subject to the ability of subsequent appropriators to lower the water table, artesian pressure, or water level if the prior appropriator can still reasonably exercise his water right. |
