| OCR Text |
Show 318 SUMMARIES OF THE STATE WATER RIGHTS SYSTEMS (at least every 10 years) review reservations to insure that the objectives are being met. If the objectives are not being met, the Board may extend, revoke or modify the reservation.72 In 1974, the Montana Legislature found that existing appropriations, appli- cations for permits, and widespread interest in making substantial appropri- ations in the Yellowstone River Basin were threatening to deplete the water supply to the "significant detriment" of existing and projected agricultural, municipal, recreational, wildlife and aquatic habitat, and other uses. The appropriations would foreclose the options of the people of the State to use the water for future beneficial purposes. Therefore, "pursuant to its mandate and authority under article IX of the Montana constitution," the legislature declared it to be the policy of the State that before proposed appropriations are acted upon, existing rights in the Yellowstone Basin are to be "accurately determined" and reservations of water within the Basin are to be established "as rapidly as possible" to protect and preserve existing and future beneficial purposes.73 Pursuant to this declaration of policy, the legislature declared that the Department of Natural Resources and Conservation may not grant or take any other action on an application74 until 3 years have elapsed after the effective date of this legislation or a final determination of existing rights has been made in the source of supply.75 A reservation established before an application for a permit is granted is a preferred use over the right to appropriate water pursuant to such permit.76 The Department may suspend action on applications which do not meet the definition of "application" 77 as used in the legislation if it determines, after public hearing, that the cumulative impact of granting those applications would be contrary to the purposes and policies noted above.78 The Department may apply for reservations and is to assist other State agencies and subdivisions in applying for reservations "as rapidly as possible." 72 Id. §§89-890(4) and (6). "Mont. Rev. Codes Ann. §89-8-103 (Interim Supp. 1974). 74 "Application" means an application under the Water Use Act to appropriate surface water within the Yellowstone basin for (1) a reservoir with a total planned capacity of 14,000 acre-feet and/or (2) a flow rate greater than 20 cubic feet per second. This term encompasses applications for approval to change the purpose of use under §89-892. Id. §89-8-104(3). 15Id. §89-8-105(1). This legislation applies to applications pending on and those filed after the effective date of the legislation; but it does not apply to applications to appropriate water for use by a utility facility for which a certificate of environmental compatability and public need has been granted. Id. § § 89-8-108 and 89-8-109. 76Id. §89-8-105(2). 77 See note 74 supra. 78 Mont. Rev. Codes Ann. §89-8-106 (Interim Supp. 1974). If actions are suspended, the provisions of § 89-8-105, discussed above, apply. Id. |
