Water Code Article by Art ChrlateaMn, 

 Cont Inued 



PETE JACKSON, LEGISLATIVE CHAIRMAN 



SVVCD LAW AMENDMENTS 



Supervisors, you recently received a packet 

 of legislative material. Included was a copy 



•the Soil and Water Conservation District 

 . This law can be compared to a road map. 

 Just as a road map helps to guide you to your 

 destination, the District Law will guide you 

 In your efforts to achieve your District's 

 objectives. 



The men who wrote the original law had 

 great wisdom and foresight. They clearly out- 

 lined the duties and responsibilities of Super- 

 visors. 



You all want to be top-notch Supervisors 

 and operate an outstanding District. How 

 long has it been since you read the law to 

 refresh your memory on your Juties and re- 

 sponsibilities? If it has been several 

 months or years, then I urge you to read the 

 law now or soon. 



You will be meeting with your legisla- 

 tors to explain proposed changes in tlie Dis- 

 trict law. These changes are for the purpose 

 of giving you additional tools to accomplish 

 the purposes set forth in the law. Your Rep- 

 resentatives and Senators are important and 

 busy men. Study your District law and the 

 proposed changes so vou will be well informed 

 todiscuss the importance of these changes 

 Ashe continued development and conserva- 

 tTT^n of Montana's soil and water resources. 



of those streams that have decreed water 

 rights. Many rights are based on "use" or 

 filings only; and unless a law suit is 

 tried, the court has no jurisdiction. 



In defense of our present systen. It must 

 be said that most people are satisfied. Our 

 District Judges are well versed in water law 

 and have done a good job of administering 

 water rights on adjudicated streams. Admin- 

 istrative costs have been held to a minimum. 

 If water use is to continue as It has in the 

 past, there seems little need for a change. 



On the other hand, if Montana hopes to 

 hold its water for beneficial use In our 

 State, we will have to move decisively. It 

 seems only logical that a single specialised 

 agency, administered by well-trained per- 

 sonnel could be handle the administration of 

 our water codes. District Judges should not 

 be overburdened with the administrative as- 

 pects of water law. 



The proposed legislation would recognize 

 existing water rights and would provide for 

 judicial review for any person who feels he 

 has been adversely effected by administrative 

 decisions. 



The new legislation would also define bene- 

 ficial use to Include fish, wildlife, and rec- 

 reation. 



On the surface this provision seems only 

 fair, but in practice what will happen on a 

 fluctuating stream, when there isn't enough 

 water for both fish and irrigation? 



Under the proposed act the director may, 

 in an effort to prevent waste or misuse, mod- 

 ify some water rights. This provision would 

 surely be for the general good, but an irri- 

 gator with a verv old recorded right for more 

 water than he can properly use, would be hard 

 to convince that he should surrender part of 

 his recorded rights. 



The Montana Association of Soil and Water 

 Conservation Districts has taken no official 

 position on this issue. We recognize that 

 Montana Water Law must be updated if we are 

 to fullv develop our water resources. Many 

 of our members mav disagree with some pro- 

 visions of the proposed act, but in general, 

 it is a sound approach, even if it would 

 take a "Super King Solomon" to administer it 

 to evervone's satisfaction. 



