OCR Text |
Show MONTANA 451 ment with other owners, the owner of an asserted private right may resort to a court of equity for a determination as to whether the Divi- sion has invaded his right.14 In addition, the division administers the weather modification and control act.15 It has jurisdiction over the safety of dams and reser- voirs having an impounding capacity at the water storage elevation of 100 acre feet or more.10 It has authority to bring an action to ad- judicate the waters of any stream and its tributaries,17 and adminis- ters the ground water regulation laws of the state18 and the floodway management and regulation act.19 B. COURT ADMINISTRATION While there is no State administrative agency charged with con- trolling and distributing Montana's waters on a routine basis, the state's adjudicated waters-that is, streams or portions of streams in which rights of use have been determined by court decree-may be administered from time to time by the district court judge having jurisdiction. The law provides that on the application of the owners of 15 percent of the water rights affected by a decree the judge must appoint one or more water commissioners to "measure and distrib- ute to the parties bound by the decree * * * the waters to which they are entitled, according to their rights as fixed by such decree."20 Fewer owners may, if the judge approves, obtain the appointment of commissioners if the owners are unable to obtain the application of the owners of at least 15 percent of the water rights and if they show that they are unable to obtain water to which they are entitled.21 The division of water resources may also petition the court for the ap- pointment of commissioners to distribute stored or supplemental water to be released by the division for its users or contractors.22 Water commissioners are appointed for a term during the irriga- tion season each year as designated by the appointing judge. They are authorized to make appropriate distributions of water23 and are vested with the powers of constables or sheriffs.24 Their duties include keeping records of distributions made and making periodic reports to the court.25 Fees and expenses of the commissioners are charged to water users affected by the decrees thus administered.26 The law pro- vides a procedure for complaint to the court of the manner in which water is administered by the commissioners. If the judge finds that water has not been properly distributed, he is required to give proper instructions for such distribution.27 Anyone interfering with the per- formance by a commissioner of his duties is chargeable with contempt of court.28 i*Id. 15 Sec. 89-311, repl., vol. 6 (pt. 1), R.C.M., 1947 (1971 supp.). 18 Sec. 89-702.1, repl., vol. 6 (pt. 1), R.C.M., 1947 (1971 supp.). " Sec. 89-848, repl., vol. 6 (pt. 1), R.C.M., 1947 (1971 supp.}. 18 Sees. 89-2911 to-2936, repl., vol. 6 (pt. 1), R.C.M., 1947, as amended (1971 supp.). 1B Sees. 89-3502 to -3515, repl., vol. 6 (pt. 1), R.C.M., 1947 (1971 supp.). 20 Sec. 89-1001(1), repl., vol. 6 (pt. 1), R.C.M., 1947. 81 Id. 22 Sec. 89-1001(2), repl., vol. 6 (pt. 1), R.C.M., 1947. 23 Sec. 89-1005, repl., vol. 6 (pt. 1 , R.C.M., 1947. 24 Sec. 89-1008, repl., vol. 6 (pt. 1 , R.C.M., 1947. 25 Sec. 89-1009, repl., vol. 6 (pt. 1 , R.C.M., 1947. 26 Sec. 89-1010, repl., vol. 6 (pt. 1 , R.C.M., 1947. 27 Sec. 89-1015, repl., vol. 6 (pt. 1 , R.C.M., 1947. 28 Sec. 89-1022, repl., vol. 6 (pt. 1), R.C.M., 1947. 499-242-73------30 |