Appendix C 



89-801. What waters may bo appro- 

 pnated. (1) The riKht to the use of the 

 unappropM.itcd waier of any river, stream, 

 ravine, coulee, spring, lake, or otiier nat- 

 ural source of supply may be acquired by 

 appropriation, anil an appropriator may 

 impound Hood, seepage, and waste waters 

 in a reservoir and thereby appropriate the 

 same. 



(2) But the unappropriated waters of 

 the streams and portions of streams here- 

 after named shall be subject to appro- 

 priation by the hsli and gramc commission 

 of the state of Montana in such amounts 

 univ as may be necessary to maintain 

 stream llows necessary for the preserva- 

 tion of fish and wildlife habitat. Such uses 

 sh.ill have a priority of right over other 

 uses until the district court in which lies 

 the major portions of such stream or 

 stre.ims shall determine that such waters 

 are needed for a use determined by said 

 court to be more beneficial to the public. 

 The unappropriated water of other 

 streams and rivers not named herein may 

 he set aside in the future for appropria- 

 tion by the fish and game commission 

 upon consideration and recommendation 

 of the water resources board, fish and 

 game commission, state soil conserva- 

 tion committee, the state board of health 

 and approval of the legislature. 



(a) Big Spring creek in Fergus coun- 

 ty from its mouth in T17N, R16E, Sec. 

 26 to the state fish hatchery in T14W, 

 R19E, Sec. 5. 



(b) Blackfoot river in Missoula and 

 Powell counties from its mouth in TUN, 

 R18\V, Sec. 21 to the mouth of its North 

 Fork in TUN, RIZW, Sec. 9. 



(c) Flathead river in Flathead county 

 from its mouth in T27N', R20W, Sec. .14 

 to the Canadian border in T37N, R22W, 

 Sec. 4 & 5, including the section com- 

 monly known as the North Fork of the 

 Flathead river. 



(d) Gallatin river in Gall.itin county 

 from its mouth in T2N. R2E. Sec. 9 

 to the junction of its East Fork in T2N. 

 R3E, Sec. 27. 



(e) Gallatin river in Gallatin county 

 (commonly called the West Gallatin) 

 from the Beck i Border ditch intake 

 in T2S. R4F, Sec. 14 to where it leaves 

 the Yellowstone I'ark boundary in T9S. 

 K5E, Sec. IS. 



(i) Madison river in Madison and 

 '^allaiin couiilies Iroin its niuutli in TZN, 



R2E. Sec. 17 to Heb^cn dam in TIIS, 

 R3E. Sec 2J. 



(g) Missouri river in Lewis and Cl.irk. 

 Broadwater and Cascade counties from 

 Its junction with tlie Smith river in T19N, 

 K2E, Sec. 9 to Toston dam in T4N, R3E, 

 Sec. 7. 



(h) Rock creek in Granite and Mis- 

 soula counties from its mouth in TllN, 

 R17W Sec. 12 to the junction of its 

 East and West Forks in T6N', R15W, 

 Sec. 31. 



(i) Smith river in Cascade and 

 Meagher counties from the moutli of 

 Hound creek in T17N, R3E, Sec. 20 

 to the Fort Logan bridge in T!1N, R5E, 

 Sec. 31. 



(j) Yellowstone river in Stillwater, 

 Sweetgrass and Park counties from the 

 North-South Carbon-Stillwater county 

 lines in T3S, R21E. Sec. 10 to where it 

 leaves the Yellowstone Park boundary 

 in NT9S, R8E. Sec. 23. 



(k) Middle Fork Flathead river in 

 h'lathcad county from us mouth in T3IN. 

 R19W, Sec. 7 to the mouth of Cox 

 creek m 'J27N. R12W, (a nonscctioncd 

 township). 



(1) South Fork Flathead river in Flat- 

 head and rowcll counties from its mouth 

 at Hungry Horse reservoir m T26\V, 

 R16W, Sec. (unknown), to its source 

 at tlie junction of Danaher and Youngs 

 creeks in T2UW, R13W. Sec. 36. 



89-801.1. Established rights of use un- 

 affected. Nothing herein contained shall in 

 any w.iy afTect or diminish any rights 

 to the use of the water<^ of surh streams 

 or portions of streams heretofore estab- 

 lished nor ;i:iy !"£al or statutory rights 

 given in connection with such established 

 uses. 



89-801.2. Nonce of appropriation. The 

 appropriation hereby authorized shall he 

 made liv filing a written notice of appro- 

 |)riation in tlic oflice of the county clerk 

 and recorder of each county through 

 which flows the river on which the 

 appropriation is made, and by filing a copy 

 of such notice with the director of the 

 Montana water resources board. The 

 notice shall state the quantity of water 

 claimed, measured as provided in Title 

 K9, R. C. M. 1947. the purpose for which 

 it is claiined. the name of the appro- 

 priator. and the dale of appropriation 



