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Show 450 MONTANA the State engineer were transferred to the State water conservation board which consisted of seven members, of whom the Governor and the State engineer were members, ex officio.2 In 1967 the State water conservation board was redesignated the Montana Water Resources Board, which likewise consisted of seven members, including the Gov- ernor and the director, who were members ex officio.3 The Executive Reorganization Act of 1971 abolished the Montana Water Resources Board and its units and transferred their functions to the division of water resources, department of natural resources and conservation.4 2.1 Administration of Water Bights A. DIVISION OF WATER RESOURCES The division of water resources in Montana does not administer and control the use of private rights in the manner and to the extent such administration and control are performed by state engineers and similar administrative agencies in other appropriation doctrine States. In Montana those tasks are largely performed by the courts and court-appointed water commissioners. The division does, however, have a number of important and varied functions under Montana law. First, it is a planning agency and has been given the duties of preparing a continuing, comprehensive inventory of water resources and of formulating a state water plan, including an inventory of ground water resources.5 Next, it is authorized to undertake a pro- gram of public works including the construction of reservoirs, irriga- tion and drainage systems, and flood control projects and works.6 In furtherance thereof, it may issue revenue bonds,7 appropriate water for its projects,8 contract for the sale or use of water from its facilities for irrigation, power, stock watering, public, domestic, industrial and other uses and for fire protection,9 and cooperate with the U.S. Gov- ernment by entering into contracts and leases or obtaining grants or loans for financing its work.10 In exercising its authority the division may condemn land and water for works.11 It may, by agreement, administer water rights owned by others jointly with water to be distributed from its facili- ties,12 and, taking into consideration the decrees of the courts purport- ing to adjudicate waters of any stream, effect "fair, reasonable, equi- table reconcilation between claimants asserting rights under different decrees and between decreed rights and asserted rights of appropri-, ation not adjudicated by any court.13 While water commissioners ap- pointed by the courts to administer water rights may not deprive the division of any water owned by it or administered by it under agree- » Mont. L. [1965] see. 17, ch. 280. « Sec. 89-103, repl., toI. 6 (pt. 1) R.C.M., 1947 (1971 supp.). *Sec. 82A-1505, repl., vol. 5 (pt. 1) R.C.M., 1947 (1971 supp.). Unless inconsistent with the executive reorganization act of 1971, any reference in the revised codes of Montana, 1947, to the Montana Water Conservation Board or the Montana Water Re- sources Board means the division of water resources. 6 Sec. 89-132.1, repl., vol. 6 (pt. 1), R.C.M. ,1947 (1971 supp.). 8 Sec. 89-132, repl., vol. 6 (pt. 1), R.C.M., 1947. 7 Id. 8 Sec. 89-121, repl., vol. 6 (pt. 1), R.C.M., 1947. 6 Sees. 84-115, 89-427, repl., vol. 6 (pt. 1), R.C.M., 1947. 10 Sees. 89-13-2, 89-117, repl., vol. 6 (pt. 1), R.C.M., 1947. 11 Sec. 89-104, repl., vol. 6 (pt. 1), R.C.M., 1947. ™ Sec. 89-123, repl., vol. 6 (pt. 1), R.C.M., 1947. 13 Sec. 89-125, repl., vol. 6 (pt. 1), R.C.M., 1947. |