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<br />.OUlfJ~ <br /> <br />found there, and conversely, cnly 2/10 of our land lies in the <br /> <br /> <br />Columbia River Basin but 6/10 of our surface \.rater is there. <br /> <br /> <br />These figures point-out the water distribution problem which <br /> <br /> <br />confronts Montana, and they illustrate our need to insure that <br /> <br /> <br />water will be available in the right place and at the right time. <br /> <br /> <br />In fact, the interbasin transfer of water solely within Montana's <br /> <br /> <br />borders may well become a necessity in the foreseeable future. <br /> <br /> <br />We must also realize another basic fact concerning Montana <br /> <br /> <br />~mich is that its growing season is relatively short. Therefore. <br /> <br /> <br />the type and value of products \.,hich can be gro,.rn on Montana's <br /> <br /> <br />irrigated lands is not nearly as high as that received from <br /> <br /> <br />products such as fruits. nuts. and garden vegetables gro~rn on a <br /> <br /> <br />nearly year-round basis in our southern states. To expect <br /> <br /> <br />Montana's farmers to invest huge sums of money in costly irriga- <br /> <br /> <br />tion systems designed to prevent almost all water losses due to <br /> <br /> <br />seepage and evaporation would be to expect results far beyond <br /> <br /> <br />their ability to comply. <br /> <br /> <br />A brief summary of Montana's ~~ter laws is presented below. <br /> <br /> <br />Regarding surface waters, if a stream is unadjudicated. an <br /> <br /> <br />apfropriator is supfosed to post a notice of intention to divert <br /> <br /> <br />'"ater at his planned point of diversion on the stream and \.,ithin <br /> <br /> <br />20 days thereafter file an ap~ropriation in the local County <br /> <br /> <br />Courthouse and commence construction of his diversion works. If <br /> <br /> <br />another ,.rater user objects to the new diversion on the grounds <br /> <br /> <br />that he is being injured thereby, he can institute court proceed- <br /> <br /> <br />ings against the apfropriator. However. our courts have ruled <br /> <br /> <br />that if an apFropriator fails to folIo',' the above procedure and <br /> <br />- 4 - <br />