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Show MONTANA 329 Pursuant to these provisions, in 1973 the Montana Legislature adopted the Montana Water Use Act which contained, among other provisions, provisions for determining existing rights.136 The Act directs the Department of Natural Resources and Conservation to establish a centralized record system of all existing rights and to begin proceedings under the Act, "as soon as prac- ticable," to determine existing rights.137 The Department is directed to make an order requiring all persons claiming an existing right within a specified area or from a specified source to file a declaration of existing right within 1 year following the effective date of the order.138 Within a reasonable time after gathering the necessary data,139 the Depart- ment shall file a petition to determine existing rights in the district court of the district in which the source of area is located.140 Within a reasonable time thereafter the district court shall issue a preliminary decree and send copies of the decree by certified mail to the Department and each person named in the petition.141 The Department or any person named in the petition may object 136 "Existing right" means "a right to the use of water which would be protected under the law as it existed prior to the effective date of this act." Mont. Rev. Codes Ann. §89-867(4) (Supp. 1973). 137Id. §89-870(1). The Department may select areas or sources where the need for determination is most urgent and begin proceedings in those areas first. Jd. § 89-870(2). The data to be gathered by the Department to determine existing rights shall include, but is not limited to, court decrees adjudicating water rights; declarations of existing rights (required to be filed under other provisions of the Act); records of rights acquired under the ground water code; notices of appropriation and records of declarations and statements filed under other sections of the Montana Code; findings of water resource surveys made by the Department and its predecessors; and findings of investigations of the area or source involved made by the Department. Id. § 89-871. With respect to administrative findings of priorities to use ground waters, see the discussion at notes 127-128 supra. 138Mont. Rev. Codes Ann. §89-872(1) (Interim Supp. 1974). Notice of the order shall be published in a newspaper of general circulation in the affected area and a copy of the order shall be served by certified mail upon each appropriator (or his successor in interest) within the area or from the sources who has requested a mailed notice or of whom the Department can readily obtain knowledge, and to each person owning or possessing lands bordering on the stream or source. Id. The Department of Fish and Game may represent the public for the purpose of establishing public recreational uses in the determination; but this shall not be construed as a legislative determination of whether or not a recreational use sought to be established prior to July 1, 1973, is or was a beneficial use. Id. §89-872(l)(a). 139 Among other information the Department may require in the declaration is the date of appropriation, the date of first beneficial use, amount of water, purpose and place of use, place and means of diversion, time of year the water is diverted and used, and any other evidence upon which the existing right is based. Mont. Rev. Codes Ann. §89-872 (Supp. 1973). 140Id. §89-873. 141 Id. §89-875. |