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Show 322 SUMMARIES OF THE STATE WATER RIGHTS SYSTEMS The water rights statute provides that stream channels may be used to convey appropriated waters if done without injury to prior appropriators. Reservoir water turned into a natural channel for use downstream shall not be considered a part of the natural flow of that stream.101 Holders of rights in reservoirs from which, because of intervening obstacles, water cannot be conducted to their lands may discharge the stored water into the stream from which their lands may be irrigated, in exchange for equal quantities of natural flow, if this can be done without injury to prior appropriators.102 The 1973 Montana Water Use Act, as amended in 1974, provides: Changes in appropriation rights. (1) An appropriator may not change the place of diversion, place of use, purpose of use or place of stor- age without receiving prior approval of such change from the depart- ment. (2) The department shall approve the proposed change if it deter- mines that the proposed change will not adversely affect the rights of other persons. If the department determines that the proposed change might adversely affect the rights of other persons, notice of the proposed change shall be given in accordance with section 89-881. If the department determines that an objection filed by a person whose rights may be affected states a valid objection to the proposed change the department shall hold a hearing thereon prior to its approval or denial of the proposed change. Objections shall meet the requirements of section 89-882(2), and hearings shall be held in accordance with section 89-883.103 Legislation previously provided that the holder of a right to use water could change the point of diversion if others would not be thereby injured, could extend the ditch or other aqueduct beyond the place where the first use of water was made, and could use the water for purposes other than those for which it was originally appropriated.104 The 1973 Montana Water Use Act discussed above contains the following provision: 101 Mont. Rev. Codes Ann. §89-891.1 (Interim Supp. 1974). See Meine v. Ferris, 126 Mont. 210, 217, 247 Pac. (2d) 195 (1952); Missoula Pub. Serv. Co. v. Bitter Root In. Dist, 80 Mont. 64, 68-69, 257 Pac. 1038 (1927); Rock Creek Ditch & Flume Co. v. Miller, 93 Mont. 248, 262, 17 Pac. (2d) 1074, 89 ALR 200 (1933). A natural depression may be utilized as a reservoir site if no one is injured thereby. Perkins v. Kramer, 121 Mont. 595, 599, 198 Pac. (2d) 475 (1948). 102 Mont. Rev. Codes Ann. §89-806 (Interim Supp. 1974). For a recent case regarding this statute, see Thompson v. Harvey, 164 Mont. 133, 519 Pac. (2d) 963, 965 (1974). For the circumstances of an early exchange, see Middle Creek Ditch Co. v. Henry, 15 Mont. 558, 560-565, 572, 39 Pac. 1054 (1895). 103 Mont. Rev. Codes Ann. §89-892 (Supp. 1973 and Interim Supp. 1974). 104 Mont. Rev. Codes Ann. §89-803 (1964). Some recent Montana cases in which changes in exercise of water rights were involved include Thompson \. Harvey, 164 Mont. 133, 519 Pac. (2d) 963 (1974);Mclntosh v. Graveley, 159 Mont. 72, 495 Pac. (2d) 186 (1972). |