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Show MONTANA 459 within reasonable pumping lifts or within reasonable reduction of artesian pressures.111 The ground water law took effect on January 1, 1962. It expressly recognized the beneficial use of ground water before that date,112 but established a new filing requirement for all ground water appropri- ations, whether by well or by subirrigation, completed on or after January 1, 1962. Notices of appropriation and notices of completion are required to be filed with the county clerks for such appropri- ations.113 Provision was made for filing within a 4-year period expir- ing December 31, 1965, a declaration of vested ground water rights by persons who had put ground water to a beneficial use before January 1, 1962.114 From and after January 1,1966 such persons may file a notice of completion. The 1961 act declared that surface water rights with dates of appro- priation preceding January 1, 1962, take priority over all prior and subsequent ground water rights, but as between appropriators of ground water and surface water after January 1, 1962, the first in time is the first in right.115 An important provision provides that "appropriative rights shall relate only to quantities of water for beneficial uses and not to waiter levels, means of use, or ease of with- drawal ; and appropriative rights shall not apply to minimal house- hold use . . . ." lle Beneficial use is the extent and limit of the appro- priative right,117 and beneficial use is defined as "any economically or socially justifiable withdrawal or utilization of water.118 The administrator is authorized, on application of any person claiming a right, or in his own discretion, to initiate a hearing for the purpose of ascertaining all existing rights to the use of ground water in a ground water area or subarea (whether or not from a controlled area).119 He may determine the priority of rights and amounts of water to which each party to the proceeding is entitled, and he may also determine the level below which ground water shall not be drawn by appropriators.120 His determination is subject to appeal to the State district court for the county in which all or part of the ground water area is located.121 Publications Available Institution for Water Resource Research : Montana University Joint Water Resources Research Center, Montana State University, Bozeman, Mont. 59715. 506-587-3121 Ext. 503. 111 Sec. 89-2918, Repl. vol. 6 (part 1), R.C.M., 1947. 112 Sec. 89-2912, Repl. vol. 6 (part 1), R.C.M., 1947. 113 Sec. 89-2913(a), Repl. vol. 6 (part 1), R.C.M., 1947. u* Sec. 89-2913(h), Repl. vol. 6 (part 1), R.C.M., 1947. 115 Sec. 89-2912, Repl. vol. 6 (part 1), R.C.M., 1947. u«Id. ^Id. 118 Sec. 89-2911 (d), Repl. vol. 6 (part 1), R.C.M., 1947 119 Sec. 89-2916, Repl. vol. 6 (part 1), R.C.M., 1947. 120 Sec. 89-2917, Repl. vol. 6 (part 1), R.C.M., 1947. 121 Sec. 89-2920, Repl. vol. 6 (part 1), R.C.M., 1947. |
