OCR Text |
Show MONTANA 331 a determination of existing rights, the district court shall settle only the controversy between the parties.151 If a controversy arises between appropriators from a source which has been the subject of a general determination of existing rights, the controversy shall be settled by the district court which issued the final decree. The settlement of the controversy may not alter existing rights and priorities established in the final decree.152 In controversies involving permits issued by the Department, the court may not amend or alter the rights or terms established in the permits unless the permits are inconsistent or interfere with rights- and priorities established in the final decree.153 If the Department determines that a person is wasting water,154 using water unlawfully, or preventing water from moving to a person having a prior right to use the water, the Department may petition the district court to (1) regulate the controlling works of the user to prevent the waste, unlawful use, or interference, or (2) order the person to cease and desist from his actions and take such steps as are necessary to remedy the situation.155 Upon application of the owners of at least 15 percent of water rights affected by an adjudication decree or decrees, it shall be the duty of the district judge, at his discretion, to appoint one or more commissioners to distribute the water to those entitled to receive it according to their rights as fixed by the decree and by any certificate and permits issued under the Montana Water Use Act. If the petitioners are unable to obtain applications of at least 15 percent of the owners, and they are unable to obtain the water to which they are entitled, the judge still may, in his discretion, appoint a water commissioner.156 When existing rights of all appropriators have been determined in a final decree issued under the Montana Water Use Act, the judge of the court which issued the decree shall, upon application of the Department of Natural Resources and Conservation, appoint a water commissioner to distribute the waters to the appropriators who are entitled to the waters from the source or in the area.157 Owners of stored waters, including the Department of Natural Resources 151 Mont. Rev. Codes Ann. §89-896(2) (Supp. 1973). 152Id. §89-896(3). 153 Id. 154 "Waste" is defined as "the unreasonable loss of water through the design or negligent operation of an appropriation or water distribution facility, or the application of water to anything but a beneficial use." Id. §89-867(10). Beneficial use is defined in note 41 supra. 155Id. §89-897(1). The Department also may direct its attorney or request the Attorney General or county attorney to bring suit to enjoin the waste, unlawful use, or interference. Id. §82-897(2). 156Id. §89-1001(1). 157Id. §89-1001(2). |