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Show 452 MONTANA 2.2 Resolution of Water Use Conflicts As explained in the preceding section on administration, water use conflicts are ordinarily resolved by resort to court, as, for example, where a water claimant wishes to assert that the division of water resources has invaded a right, or where some of the users of an ad- judicated stream or other source of supply apply for the appointment by the court of water commissioners. Conflicts over waters that are, as yet, unadjudicated are also usually resolved by court action, in which case the conflict may be-although it need not necessarily be- the occasion of an adjudication of the rights of all users on a stream or a segment thereof.29 In Montana, as in other appropriation States, the basic rule for re- solving conflicts as between appropriators, is that the one first in time is the one first in right.80 For adjudicated streams the date and terms of the appropriation of each user are embodied in the decree of the court having jurisdiction. Appropriators are entitled to have water distributed to them according to their priorities as established by their decrees.31 The date of appropriation of waters on an unadjudi- cated stream ordinarily is the date of the notice posted at the point of intended diversion in compliance with the statute,32 or in a case involving an appropriation under the rules and customs of the early settlers, the time that may be proved as the time of first actual beneficial use.33 2.3 Other Agencies Having Water Resource Responsibilities A. WATER CONSERVANCY DISTRICTS Montana's 1969 water conservancy district law authorized the orga- nization of conservancy districts within the state to promote the con- trol of flood, erosion and sedimentation, the regulation of stream flows and lake levels, drainage and wet lands reclamation, and further con- servation and development of water resources for beneficial uses in- cluding domestic water supply, fish, industrial water supply, irriga- tion, livestock water supply, municipal water supply, recreation and wildlife.34 Upon application of persons residing in a proposed district, the division of water resources is authorized to conduct a preliminary survey, detailed feasibility studies, and, in the event of favorable indi- cations therefrom, to petition the district court for the organization of a conservancy district.35 After notice and upon the favorable vote of a majority of electors voting, the court may order the district organized and appoint directors.36 Conservancy districts may undertake, construct and operate works,87 appropriate water and initiate or participate in the adjudi- 28 See sec. 3.1 below on the method of acquiring rights in adjudicated streams. 80 Sec. 89-807, repl., vol. 6 (pt. 1). R.C.M., 1947. 81 Sec. 89-1005, repi., vol. 6 (pt. l), R.C.M\, 1947. ** Sec. 89-810, repl., vol. 6 (pt. 1), R.C.M., 1947. 88 Bailey v. Tintmger, 45 Mont. 154, 122 P. 2d 575 (1912) ; Clausen v. Armington. 123 Mont. 1,212 P. 2d 440 (1949). «* Sec. 89-3402, repl., vol. 6 (pt. 1), R.C.M., 1947 (1971 supp.). 88 Sec. 89-3408, repl., vol. 6 (pt. 1), R.C.M., 1947 (1971 supp.). 88 Sec. 89-3412, repl., vol. 6 (pt. 1), R.C.M., 1947 (1971 supp.). 87 Sec. 89-3413(7), repl., vol. 6 (pt. 1), R.C.M., 1947 (1971 supp.). |
