Laserfiche WebLink
<br />UU121.U <br />, .. t <br /> <br />if he fails to file an apfropriation, but he goes ahead and diverts <br />the water he needs anY'.'ay, he can still obtain a valid "Tater right <br /> <br />at some later time by proving to the courts that he beneficially <br /> <br />uSejthe Mater. <br /> <br />If a stream has been adjudicated by the courts, an apfro- <br /> <br />priator must petition the court to reopen the decree and all parties <br /> <br />to the decree must revievT his request for ,,'ater before a decision <br /> <br />is reached by the court. <br /> <br />It "Till be noted from this discussion of surface waters in <br /> <br />Montana, that the administration of surface water rights rests <br /> <br />solely with the district courts. <br /> <br />Regarding ground-water rights, their administration rests <br /> <br />with the State Water Conservation Board. Although no permit is <br /> <br />required from the State in order to develop ground water, never- <br /> <br />theless, if a dispute over ground-water use arises between <br /> <br />aPl'ropriators of ground water, the State Water Conservation Board <br /> <br />must settle the dispute ..hen called upon to do so. Any ne... use <br /> <br />of ground ,,'ater by means of "Jells. developed springs, drains, <br /> <br />etc., must be filed upon in the local Courthouse in order to <br /> <br />establish a right to the use of the ground ,.rater. <br /> <br />One of the State ~'ater Conservation Board's primary responsi- <br /> <br />bilities in the field of surface ,,'ater is to conduct a water <br /> <br />resources survey, county-by-county, throughout the State. This <br /> <br />survey was initiated some years ago in order to obtain accurate <br /> <br />information regarding ~L>ntana' s use of its surface waters. The <br /> <br />Board obtains the desired information by having its fieldmen <br /> <br />visit each county's Courthouse vmere they locate in all sorts of <br /> <br />- 5 - <br />