| OCR Text |
Show 328 SUMMARIES OF THE STATE WATER RIGHTS SYSTEMS yield ground water within a reasonable or feasible pumping lift (in the case of pumping developments) or within a reasonable or feasible reduction of pressure (in case of artesian developments)."131 Under the 1973 Act, permits are apparently also required to appropriate ground water in areas outside the boundaries of a controlled ground water area. Specifically exempted are appropriations where the withdrawal rate is less than 100 gallons per minute.132 Within 60 days of completion of such small wells, the appropriator shall notify the Department which "shall automatically issue a certificate of water right." The date of filing the notice of completion is the "date of priority of the right."133 Determination of Conflicting Water Rights Pre-1973 determination of rights in stream water.-At the direction of the State Water Conservation Board, the State Engineer could bring an action to adjudicate the waters of any stream, including tributaries, in any county traversed by the stream. Any party could apply for the appointment of a referee or referees to take testimony. On direction of the Board or of the court, the State Engineer could take all steps essential to a proper understand- ing of the relative rights of the parties interested, including the making of hydrographic surveys, reports, maps, and plats, which were to be furnished to the judge or referee and which could be introduced as evidence. The referee could hold hearings and report to the court concerning findings of fact-but not conclusions of law-to which the parties could file objections or excep- tions. The court could render judgment as if it had taken all testimony directly.134 Determination of existing rights under the 1973 Montana Water Use Act-In 1972, Montana adopted a new constitution which, among other provisions relating to water rights, declared: All existing rights to the use of any waters for any useful or beneficial purpose are hereby recognized and confirmed. * * * * The legislature shall provide for the administration, control, and regulation of water rights and shall establish a system of centralized records, in addition to the present system of local records.135 131 Mont. Rev. Codes Ann. §89-2918 (Interim Supp. 1974). 132Id. §89-880(2), discussed at notes 4243 supra. 133Id. §89-880(4). 134Mont. Rev. Codes Ann. § §89-848 to -855 (1964), repealed, Laws 1973, ch. 452, §46. When a river and its tributaries flowed in more than one county, the district court of any of the counties had jurisdiction to adjudicate the water rights of the entire watershed system. The first of these courts to acquire jurisdiction retained it for the purpose of disposing of the whole controversy. State ex rel. Swanson v. District Ct. 107 Mont. 203, 206-207, 82 Pac. (2d) 779 (1938). See Whitcomb v. Murphy, 94 Mont. 562, 566, 23 Pac. (2d) 980 (1933). 135Mont. Const, art. IX, § §3(1) and (4). |
