Water Rights in Montana

Water Rights in Montana

Anna Christman

$1.25

April 21, 2017

State Legislation

Past and Present

Water Allocation

Present

Past

• 18 Bills introduce in the 2017 legislature as of February 1
• House Bill 339
• Reopens the exempt well loophole of the Montana Water Use Act
• Loophole was recently closed by the Montana Supreme Court

• Montana Water Use Act of 1973
• First requirement of registration for water claims
• Senate Bill 76-1979
• Amended procedures in the Montana Use Water Act
• Created 2 new entities to deal with water in Montana
• Senate Bill 22-2015

Old and New Water Rights

Out of State Water Compacts

Canada

Neighboring States

• Doctrine of Prior Appropriation
• Many claims made prior to 1973 Legislation
• Beneficial Use Mandates
• The State decides
• Closed Water Basins
• Over appropriation
• Complex water review process

• Each of the 4 basins in Montana have at least 1 involving other states
• Yellowstone River Compact
• Involves North Dakota, Wyoming and Montana
• Protects downstream users
• Makes the transport of water out of the basin illegal

• Agreement between Montana and Alberta, Canada
• Boundary Waters Treaty of 1909
• Reconsidered in 2003 as suggested by Judy Martz
• The section regarding the Milk and St. Mary's rivers was discussed

Native Americans Water Claims

CSKT-Montana Compact

• Water Compacts with the reservations throughout the state are agreed upon
• Federal allocations of water must be considered as well
• CSKT-Montana Compact
• Meant to quantify water given to the reservation federally and allow fro economic growth
• Passed in 2015
• Took over 10 years of negotiation and discussion

Environmental Conditions

Sources

Recreational and Outdoor Use

• River Recreation is essential in Montana as a fairly large industry
• Fly Fishing is just as important to Montana's economy as agriculture is
• Environmental Health is one of the reasons Montana is the "Last Best Place."

Ashenberg, Dan. "A Cooperative Plan to Administer the Yellowstone River Compact." Water Resources Division (1983): 1-93. DNRC

Montana. Montana DNRC, Nov. 1983. Web. 19 Apr. 2017.

Blaney, Jack. Olson, Allen. "Montana – Alberta St. Mary and Milk Rivers Water Management Initiative Terms of Reference." Montana Alberta

St. Mary and Milk Rivers Water Management Initiative Terms of Reference (2008): 1-14. Montana DNRC. Montana DNRC, 2008. Web. 19 Apr. 2017.

Bryan, Michelle, and Gerald L. Westesen. "Water Rights in Montana." Montana Legislation. Montana DNRC, Apr. 2015. Web. 20 Apr. 2017.

DNRC. "Confederated Salish and Kootenai Tribes." Montana DNRC. DNRC, 12 Jan. 2015. Web. 20 Apr. 2017.

Duncan, Susan. "Understanding the Basics of Water Law in Montana." New West. N.p., 22 Apr. 2008. Web. 19 Apr. 2017.

King, Laura, and Mathew Bishop. "Montana Court Orders State To Close Loophole To Protect Water Rights.” Western Law. Western

Environmental Law Center, 20 Oct. 2014. Web. 20 Apr. 2017.

Montana DEQ Website

Montana Legislation. House. Revise laws related to exempt appropriations of water. 65th Legislature. H 339. 2017. Web. 20 Apr. 2017.

Volz, Matt. "Montana Supreme Court Rules Against Water Well 'Loophole'." Flathead Beacon. 15 Sept. 2016. Web. 20 Apr. 2017.

"Western Montana Water Rights: keeping western Montanans informed about the Flathead Reservation Water Compact.” Western Montana Water Rights. Concerned Citizens of Western Montana, 20 Sept. 2012. Web. 20 Apr. 2017.

Wright, Michael. "For Montana's Water Rights, a Radical and Likely Doomed Idea." Bozeman Daily Chronicle. Bozeman Daily Chronicle, 04

Dec. 2016. Web. 20 Apr. 2017.

Zalutsky, Nancy. "Feb 1, 2017: Montana Water Bills Advance in Legislature." Water Sage. Water Sage, 1 Feb. 2017. Web. 19 Apr. 2017.

Access to clean water is essential to human health and to Montana’s economy. We support and implement measures to conserve this valuable resource and ensure clean lakes, streams, and rivers remain part of Montana’s natural heritage.

"Environmentalist George Wuerthner said it reflects the state’s shift from a solely agricultural economy to a more diverse one that counts river-based recreation as one of its biggest moneymakers.”

Montana DEQ Website

Michael Wright: Bozeman Daily Chronicle