Water Rights

How many water rights do we have… 

GREAT FALLS, CITY OF 41Q   STATEMENT OF Claim 105493-00 MC 150.00 GPM MISSOURI RIVER 11  20N  03E JUN 30, 1960
1960 — Claim to irrigate 
Odd Fellows Park 

GREAT FALLS, CITY OF 41Q   STATEMENT OF CLAIM 105494-00 MC 2.23 CFS MISSOURI RIVER 11  20N  03E JAN 01, 1900
1900 — Claim to irrigate
Gibson Park 

GREAT FALLS, CITY OF 41Q   STATEMENT OF CLAIM 110040-00 MC 6.68 CFS MISSOURI RIVER 06  20N  04E SEP 14, 1908
1908 — Claim to irrigate Anaconda Golf Course 

GREAT FALLS, CITY OF 41QJ  STATEMENT OF CLAIM 123408-00 MC 60.00 CFS MISSOURI RIVER 14  20N  03E JUN 23, 1971
1971 — Third right for municipal use 

GREAT FALLS, CITY OF 41Q   STATEMENT OF CLAIM 123409-00 MC 4.46 CFS MISSOURI RIVER 05  20N  04E SEP 30, 1961
1961 — Claim to irrigate city’s golf course and adjacent baseball fields 

GREAT FALLS, CITY OF 41QJ  STATEMENT OF CLAIM 123410-00 MC 74.00 CFS MISSOURI RIVER 14  20N  03E AUG 30, 1889
1889 — Most senior right for municipal use 

GREAT FALLS, CITY OF 41QJ  STATEMENT OF CLAIM 123411-00 MC 20.00 CFS MISSOURI RIVER 14  20N  03E JAN 19, 1966
1966 — Second right for municipal use 

GREAT FALLS, CITY OF 41Q PROVISIONAL PERMIT 39801-00 IR 415.00 GPM MISSOURI RIVER 02  20N  03E NOV 03, 1981
1981 — Provisional claim to irrigate
West Bank Park 

GREAT FALLS, CITY OF 41K WATER RESERVATION 71890-00 2 IR 9,155.52 GPM MISSOURI RIVER 14  20N  03E JUL 01, 1985
1985 — Water reservation for municipal and industrial uses and irrigation (classified as irrigation) 

GREAT FALLS, CITY OF 41K WATER RESERVATION 71890-00 2 MC 9,155.52 GPM MISSOURI RIVER 14  20N  03E JUL 01, 1985
1985 — Water reservation for municipal and industrial uses and irrigation (classified as municipal water. I believe this is the one we are proving.) 

… how exactly did we get them?
Water rights in Montana are guided by the prior appropriation doctrine, that is, first in time is first in right. A person’s right to use a specific quantity of water depends on when the use of water began. 

The water rights process—with all its discrepancies and conflicts—was a major topic at the 1972 Montana Constitutional Convention. Policymakers recognized the overwhelming need for improved recordkeeping and regulation. First, the Convention incorporated all past water rights into the new Montana Constitution:
[a]ll existing [water] rights . . . are hereby recognized and confirmed (Article IX, section 3(1)). 

EXISTING RIGHTS included any right originating on or before July 1, 1973. Whether a use right, DECREED WATER RIGHT, or filed right, each was now equally VALID. By recognizing all rights, the state upheld the prior appropriation doctrine and over a hundred years of PRECEDENT. 

Water Reservations: a water right held by a government entity for future use or instream flow. 

In 1992, the Board issued an order granting water reservations in the upper Missouri River Basin above Fort Peck Dam to seventeen municipalities, fifteen conservation districts, and four state and federal agencies. These water reservations have a priority date of July 1, 1985.

Where do they come from?
Montana waters, in all their varied forms and locations, belong to the state. This ownership, however, exists on behalf of all state citizens. (And see above)
[a]ll surface, underground, flood, and atmospheric waters within the boundaries of the state are the property of the state for the use of its people . . . (Article IX, section 3(3)) (emphasis added).
  

What is the process to obtain more rights?
The Montana Water Use Act of 1973 established a permit system for new uses of water. Any person planning a new or expanded development for a beneficial use of water from SURFACE WATER or ground water after June 30, 1973, must obtain a Permit to APPROPRIATE Water or file a Notice of Completion of Ground Water Development to get a Certificate of Water Right. The permit system is administered by the DNRC. Beneficial uses of water include domestic, stock, irrigation, lawn and garden, mining, municipal, industrial, commercial, agricultural spraying, fisheries, wildlife, and recreation. 

It seems from reading the article, that certain rights trump other rights:”Schmidt said the city’s most important water right is one obtained by Gibson in the late 19th century. He said selling water to new industry does not affect the Gibson rights, but would allow the city to firm up some of the city’s newer water rights”. 

Why?
First come, first served.

What are the Gibson rights?
The first rights ever filed by the City of Great Falls for municipal water use.  

Water Rights in Montana and GFfirefly should not be used as legal references. When in doubt, always refer to the MONTANA CODE ANNOTATED or the Department of Natural Resources and Conservation ADMINISTRATIVE RULES OF MONTANA.  When making any legal judgments on the adequacy or completeness of procedure, always consult your own legal counsel.

17 January 2008 | Life | Comments

2 Responses to “Water Rights”

  1. 1 Mary Jolley 17 January 2008 @ 9:49 am

    At the City Work Session last Tuesday, the commissioners were given a report prepared by our water rights attorney.
    It will cover some of the questions you have. And most likely lead to more as it did for me.
    I would hope that the city can, in a timely mannor, like right now, provide you with copy.

  2. 2 gffirefly 18 January 2008 @ 6:28 pm

    I have had an opportunity to review the report. My initial thoughts need to be refined, but yes, it did lead to more questions.

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