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Show 316 SUMMARIES OF THE STATE WATER RIGHTS SYSTEMS The State constitution declares that the sites necessary for collecting and storing water shall be held to be a public use.60 And the statutes provide that any one appropriating water by means of a reservoir shall apply for a permit.61 The supreme court has repeatedly recognized the right to appro- priate water for storage purposes and has emphasized the public importance of such developments.62 Restrictions and preferences in appropriation of water.-The 1973 Montana Water Use Act contains specific criteria for the issuance of permits. (There formerly was no administrative permit system.) The Department of Natural Resources and Conservation shall issue a permit if: (1) there are unappropriated waters in the source of supply; (2) the rights of a prior appropriator will not be adversely affected; (3) the proposed means of diversion or construction are adequate; (4) the proposed use of water is a beneficial use; (5) the proposed use will not interfere unreasonably with other planned uses or developments for which a permit has been issued or for which water has been reserved.63 The Department may issue a permit for less water than the amount requested but in no case for more water than is requested or than can be beneficially used without waste; it may require the modification of plans and specifications for the appropriation or related diversion or construction; it may limit the time for commencement of the appropriation works, completion of construction and actual application to beneficial use; and it "may issue a permit subject to terms, conditions, restrictions, and limitations it considers necessary to protect the rights of other appropriators * * *."64 All permits issued are subject to existing rights and any final determinations of those rights.65 60 Mont. Const, art. IX, §3(2). 61 Mont. Rev. Codes Ann. §89-889 (Supp. 1973). "See Richland County v. Anderson, 129 Mont. 559, 564, 291 Pac. (2d) 267 (1955); Farmers Union Oil Co. v. Anderson, 129 Mont. 580, 583-584, 291 Pac. (2d) 604 (1955). For a discussion of the extent of storage water right, see Federal Land Bank v. Morris, 112 Mont. 445, 454-456, 116 Pac. (2d) 1007 (1941). "Mont. Rev. Codes Ann. §89-885 (Supp. 1973). Beneficial use is defined in note 41 supra. 64 Mont. Rev. Codes Ann. §89-886 (Supp. 1973). However, as noted previously, no application for a permit may be modified, made subject to terms, conditions, or limitations, or denied unless the applicant is first granted an opportunity to be heard. Id. § 89-884(2), discussed at note 44 supra. "Mont. Rev. Codes Ann. §89-886(1) (Supp. 1973). "A permit issued prior to a final determination of existing rights is provisional and is subject to that final determination. The amount of the appropriation granted in a provisional permit shall be reduced or modified where necessary to protect and guarantee existing rights determined in the final decree. A person may not obtain any vested right to an appropriation obtained under a provisional permit by virtue of |