Until 1973, Montana water law did not require the 

 centralized recording and administration of water rights. 

 Water rights were use rights (established by diverting and 

 putting the water to beneficial use) , filed rights (estab- 

 lished by posting notice, filing at the County Clerk and 

 Recorder's Office, then diverting the water to put it to 

 beneficial use) , or decreed rights (resulting from court 

 adjudication) . 



The Water Use Act, passed by the Montana legislature ifi 

 1973, created a centralized records system for water rights 

 and set up a permitting system for future appropriations. 

 Under the permitting system, a person has to apply for and 

 receive a permit from the DNRC to appropriate water. There 

 are exceptions to the law for stock water purposes, small 

 ground water flows, and small storage. The applicant must 

 prove that there are unappropriated waters in the source of 

 supply and that the proposed appropriation would not 

 adversely affect existing right-holders. Under the permit- 

 ting system, the DNRC must deny the permit if any one of the 

 criteria is not met. The act also established a system by 

 which the state, any political subdivision of the state or 

 the U.S., or any agency of the U.S. could receive a reserva- 

 tion of water. The reservation could be for future or 

 existing beneficial uses or to maintain a minimum flow or 

 quality of water. The reservations were to be approved by 

 the Board of Natural Resources. 



Another important phase of Montana water law began with 

 the Water Use Act's mandate to recognize and confirm all 

 water rights that originated prior to July 1, 1973. The 

 current procedure, known as the statewide adjudication, was 

 mandated by Senate Bill 76 in 1979 and required anyone who 

 held a water right prior to July 1, 1973, to file a claim 

 with DNRC by April 1982. The Water Court administers the 

 adjudication program, which involves claim examination, 

 including providing opportunities for appeals and objections 

 and issuing preliminary and final decrees. 



RECREATION AND TOURISM 



The Clark Fork Basin is a valuable local and regional 

 resource for outdoor enthusiasts. The area offers many 

 recreation opportunities with its mountains, clear lakes and 

 tributary streams, and abundant wildlife. For these reasons, 

 recreation, tourism, and outfitting for fishing and big game 

 hunting are increasingly important industries in the basin. 

 Much of the activity and growth in the recreation industry 

 has occurred on the Clark Fork's major tributaries. 



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