Guide to Montana Water Resources: Who Does What with Water Resources

8/3/2019 Guide to Montana Water Resources: Who Does What with Water Resources

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Introduction 3

Te Federal Role 5

Federal Laws 7

Te Federal Agencies & Teir Responsibilities 8

Te State Role 10

Montana Water Use Act o 1973 10

Montana Water Law 11

Montana Water Rights 12

Parts o a Water Right 13

ypes o Water Rights 14

Exempt Uses 15

Closed Basins 15

Montana Water Quality 16Other Water Related Permits and Programs 17

State Water Plan 18

Te State Agencies & Authorities & Teir Responsibilities 19

Te Local Role 23

Local Government & Authorities & Teir Responsibilities 23

Multi-Jurisdictional Authorities 27

International & Multi-State Authorities 27

Creating Solutions 29

General Resources 31


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Montanas greatest natural treasure is the water resource Te rivers,streams, lakes and underground water have shaped the stories o our richhistory o mining, agriculture, recreation and quality o lie Te impactso water use in the state over time have created new stories omorrowsstories will unold as uture demands on water rom growing urbancenters and energy development as well as climate change impact water

quality and quantity It is incumbent on Montana citizens to protect thisresource to meet the growing water demands

As a concerned citizen, proessional or community leader, it is importantto understand the governments role in managing water Montanaswater is managed through a complex system o ederal, state and localauthorities Water management involves people who allocate watersupplies, issue permits, regulate the resource according to state andederal laws, and enorce laws when violations occur Lack o water

management would result in greater contamination o drinking water,more pollutants in surace water, crops withering during drought, anda greater likelihood o water being unavailable to all users rom shto armers and rom recreationists to rural and urban drinking watersystems Te goal o this guide is to provide an overview o Montanawater law and how water is managed in the state

Because every layer o government plays some part in water management,

eective water management requires communication and collaborationamong diverse individuals, interest groups, and government ocials


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Federal authority or water management is implied in the USConstitution, although water is never mentioned by name Te ederal role

comes rom several specied powers:

Commerce power US Congress has jurisdiction over all navigablewaters o the United States Te commerce power includes foodprotection and watershed development

Proprietary power Congress has unlimited authority to controlthe use o ederal public lands Te property clause allows

construction o ederal reclamation projects and regulates electricalpower generated at ederal dams

reaty-making power Only the ederal government has authorityto enter into treaties with oreign nations and American IndiansTe treaty-making power is one basis or the reserved water rights oIndian tribes in Montana

General welare power Te ederal government has authority to

provide or the general welare o the Unites States and its citizensor the common benet, rather than or only local purposes

Equitable apportionment When controversies arise among statesover water, the US Supreme Court has the power to decide thecontroversy

Interstate compacts Tese negotiated agreements or compactsappropriate water that cross state boundaries Te compacts must

be ratied by Congress

In Montana, the ederal government is involved with water managementin multipurpose projects such as Hungry Horse, Yellowtail and CanyonFerry Dams (Bureau o Reclamation) and Fort Peck Reservoir (ArmyCorps o Engineers); irrigation projects like the Yellowstone and Milk RiverIrrigation Districts (Bureau o Reclamation); wildlie reuges such as theCharles Russell National Wildlie Reuge ( US Fish and Wildlie Service);

and water and wastewater treatment acilities managed by municipalgovernments (regulated by the Environmental Protection Agency)


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the Forest Service; nationalparks and monuments

managed by the National ParkService; wild and scenic riversand other lands managedby the Bureau o LandManagement

Tree issues dominatequantication o ederal

reserved water rights: usesor which the right can beexercised, the quantity o theright, and the priority o theright In Montana these issuesare negotiated and stated in acompact that is then ratiedby the holder o the ederal

water right, the Montanalegislature, and the USCongress A reserved waterright exists whether or not it isactually in use

Equitable Apportionment States are obligated to

share interstate waters I theactions o one state harm orreduce another states share ointerstate waters, the aectedstate may ask the SupremeCourt to apportion, ordistribute, the water resource

Navigable Waters A waterbody qualies as a navigable

water o the United States i itmeets any o the tests set orthin 33 CFR (Code o FederalRegulations) Part 329 (eg, thewater body is (a) subject to theebb and fow o the tide, and/or(b) the water body is presently

used, or has been used in thepast, or may be susceptible oruse [with or without reasonableimprovements] to transportinterstate or oreign commerce)

Federal Reserved Water RightsIn January 1908, the UnitedStates Supreme Court denedederal reserved water rights inthe Winters v United Statesdecision involving members othe Fort Belknap Reservationin Northern Montana andnon-Indian irrigators in theMilk River drainage Te court

decided that when ederal landswere withheld rom settlementand reserved or some purpose,water rights were also reserved

Federal lands with reservedwater rights in Montanainclude seven Native American

reservations; land managed by


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Federal Laws

Te primary ederal laws that infuence Montana water management are:

Clean Water Act (CWA) Te CWA, enacted in 1972, gave

states the authority to protect the chemical, biological and physicalaspects o the nations water bodies CWA regulates the discharge opollutants into waters by establishing national standards and permitguidelines Te ederal Environmental Protection Agency (EPA)oversees the acts implementation

Sae Drinking Water Act (SDWA) Te SDWA was passed in1974 to protect drinking water rom contamination Te purposeo SDWA is to establish national enorceable standards or the

quality o drinking water distributed by public water systems, andto guarantee that they monitor to ensure compliance with thesestandards

Some overlap exists between these two statutes However, the SDWA isconcerned with public health associated with sae drinking water while theCWA has a broader goal o clean, shable, and swimmable waters Bothstatutes set minimum standards or water quality that must be met by allstates In Montana, both laws are administered by the Montana Departmento Environmental Quality (DEQ) on non-reservation lands Te ederalEPA or tribe administers the laws on tribal lands

EPA http://cpub.epa.gov/watertrain/


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Department of Agriculture

Farm Service Agency administers cost share programs or armers thatimprove water quality, soil stabilization, and irrigation systems wwwsagov

Natural Resources Conservation Service assists private landownerswith watershed protection, food prevention, soil and water conservation,snow surveys and soil inventories; conducts land-use inventories,cropland studies, and wetland assessments wwwnrcsgov

Forest Service conducts watershed management within ten nationalorests in Montana, and manages three wild and scenic river reacheswithin its orest boundaries wwwussgov

Department of the Army

Corps o Engineers authorizes permits or private projects aecting

navigable waters; administers large multipurpose reservoirs ornavigation, food control, hydroelectric generation, and food damagereduction wwwusacearmymil

Department of Commerce

Economic Development Administration provides public worksgrants or community water development wwwedagov

National Oceanic and Atmospheric Administration issuesinormation on weather, river, and climactic conditions; maintains afood warning system Te National Weather Service at NOAA orecasts

weather and issues weather warning and watches wwwnoaagov

Department of Energy

Bonneville Power Administration markets electric power or the

31 hydroelectric projects o the ederal Columbia River Power System,including the Libby and Hungry Horse dams in Montana, and mitigatesloss o sh and wildlie caused by this system; operates transmission systemswwwbpagov

Western Area Power Administration distributes and markets hydropower rom ederal acilities outside o the Columbia River basin in a 15state region, including Montana; operates transmission lines wwwwapagov


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Department of Homeland Security

Federal Emergency Management Agency delineates food plains,publishes maps, and administers the National Flood InsuranceProgram, a Federal program enabling property owners in participating

communities to purchase insurance protection against losses romfooding wwwemagov

Department of Housing and Human Development

Provides nancial aid or local water resource projects such as water andwastewater improvements through Community Development BlockGrants or entitlement communities with populations o over 50,000

wwwhudgov

Department of Interior

Bureau o Indian Afairs protects water rights o Indian tribes andpromotes productive water use wwwbiagov

Bureau o Land Management administers ederally-owned lands anduse o natural resources, including water, on these lands wwwblmgov

Bureau o Reclamation designs, constructs, and operates waterprojects; conducts river basin water management studies; coordinateswater conservation eorts wwwborgov

National Park Service protects water resources (reserved waterrights) and conducts water resource studies in Montanas nationalmonuments, battleelds, and national parks wwwnpsgov

U.S. Fish and Wildlie Service reviews comprehensive water plansand projects or impacts on sh and wildlie habitat and populations;works to recover endangered sh and wildlie species; manageshatcheries; studies sh disease wwwwsgov

U.S. Geological Survey researches the source, quantity, distribution,movement, and availability o surace and ground water or national

water data network and technical reports wwwusgsgov

Environmental Protection Agency

Works with states to establish and enorce standards or water quality anddrinking water; provides grants or drinking water and water pollutioncontrol acilities wwwepagov

Federal Energy Regulatory Commission

Issueslicenses or hydroelectric projects and transmission lines wwwercgov


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Te ramers o Montanas 1972 Constitution made it clear that a close

relationship exists between the states natural resources and a high quality olie Article IX o the Constitution identied this important relationship bydesignating the state government as custodian o Montanas water quality

Section One o Article IX assigned shared responsibility or protection andimprovement o Montanas water to the state and each personor presentand uture generations Te Montana legislature bears responsibility orthe administration and enorcement o this duty, including protectiono environmental lie support systems and or preventing unreasonable

depletion and degradation o natural resources In addition, theConstitution established the governmental ramework or water use,appropriation, channelization, damming, conveyance, regulations,protection, treatment, and monitoring

Water rights, which regulate water quantity, are singled out in Section Treeo Article IX: All existing rights to the use o any waters or any useul orbenecial purpose are hereby recognized and conrmed It claries that

all uses o water, regardless the nature, are considered public uses Further,it declares all waters within state boundaries (ground water, surace water,food waters, and atmospheric waters) are the property o the state or theuse o its people

Montana Water Use Act of 1973

Te 1972 Montana Constitution envisioned strong state supervision o

water rights, with language to provide or their administration, control, andregulation, and to establish a system o centralized records

In response, the Legislature enacted itle 85, Chapter 2, Montana CodeAnnotated (MCA), or the Montana Water Use Act o 1973 Te actchanged the water rights administration in several signicant ways:

1 All water rights existing prior to July 1, 1973 are to be nalized

through a statewide adjudication process in state courts2 A permit system was established or obtaining water rights or new

or additional water developments

3 An authorization system was established or changing water rights

4 A centralized records system was established


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5 A system was provided to reservewater or uture consumptiveuses and to maintain minimuminstream fows or water qualityand sh and wildlie

(MT DNRC. Water Rights in Montana, November

2009.)

Doctrine o PriorAppropriation A personsright to use the water dependson when that use rst beganWhoever diverted the waterrst or a benecial use haspriority over other later waterusers First in time is rst in

right summarizes the Doctrineo Prior AppropriationSenior users have the rightto ulll their water rightbeore junior users Forexample a water right holderwith a dated right o 1890 or1 cubic oot per second (cs)

may get more water in dryyears than a water right holderwith a right or 25 cs with adate o 1940

Benecial Use Te use owater or the benet o theappropriator, other persons,or the public, including but

not limited to agricultural,domestic, sh and wildlie,industrial, irrigation, mining,municipal, power, andrecreational uses

Consumptive use A benecial use o water

that reduces supply, such asirrigation or municipal use

Instream fow Water let in a stream or

nonconsumptive uses such aspreservation o sh and wildliehabitat

Montana Water Law

Te undamentals o Montanas waterright system are:

1 Montanas water belongs to thestate or the use o its peopleTereore, water right holders donot own the water; they possessthe right to use the water

2 Doctrine o Prior Appropriation(rst in time, rst in right)guides Montanas water rightsystem

3 Use it or lose it A water rightholder must use the water orrisk losing the right to it

4 Te water diverted must be or abenecial use, and all benecialuses are equal under the law

5 A water right is a property rightand can be separated rom theland

6 Any change in the purpose,

place o use or place odiversion o a water rightmust rst be approved by theM Department o NaturalResources and Conservation(DNRC)


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Montana Water Rights

Several state entities play a role inadministering Montana water rightsand the statewide adjudication

Montana Department o Natural

Resources and Conservation(DNRC)

Administerswaterrightsfornewor change uses ater June 30,1973

Trainswatercommissioners Providestechnicalinformation

and assistance to the WaterCourt on historical waterrights claims (pre-July 1,1973)

Maintainsacentralwaterrights record system

Montana Water Court

Adjudicatespre-July1,1973water rights

Decidesanylegalissuesreerred rom the DistrictCourt on pre-July 1, 1973water rights

AssistsDistrictCourtswithenorcement

Adjudication a judicialprocess or resolving waterproblems or issues by

decreeing the quantity andpriority date o all existingwater rights in a basinAdjudication helps reduceconusion and conficts overwater rights by making it clearwho is entitled to what water

Decree a nal producto basin adjudicationo reach completion, adecree progresses throughseveral stages: examination,temporary preliminary /preliminary decree, public

notice, hearings and naldecree Ater resolving allobjections and nally resolvingall issue remarks, the WaterJudge issues a nal decree

District Courts Canissueinjunctivereliefwhileitcertieswaterrightsissuesto

the Water Court AppointsWaterCommissionersforenforcement Managesenforcementofwaterrights

Reserved Water Rights Compact Commission (RWRCC) Negotiatescompactsfortheequitabledivisionand

apportionment o waters between state-based water rights andreserved water rights (tribal and ederal)


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Attorney General eWaterCourtmayjointheAttorneyGeneraltointervene,on

behal o the state, in the adjudication o water right claims thatare being decreed by the Water Court

Legislature Provides policy direction and laws or the administrationo waters

Water Policy Interim Committee (WPIC) permanent, jointbipartisan committee that studies water issues in order todevelop a clear policy direction and necessary legislation to guideMontanas water policy that ensures air and reasonable use oMontanas water resource as demands on water increase whilesupplies remain the same or decrease

Environmental Quality Council contributes policy oversight tothe administration o state water rights by advising and updatingthe legislature and overseeing institutions dealing with water, andcommunicates with the public on matters o water policy

(Water Adjudication in Montana, DNRC pamphlet. February 2008.)

Parts of a Water RightEach water right has these components:

Owners

Prioritydate

Typeofhistoricright(decreed,ledoruseright)

Purpose(andirrigationtypewhereappropriate)

Flowrate(ifappropriateforpurpose) Volume(ifappropriateforpurpose)

Maximumacres(forirrigation,lawnandgarden)

Sourcenameandtype

Point(s)andmean(s)ofdiversion(includingreservoirspecicsifappropriate)

Periodofuse

Placeofuse


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Types of Water Rights

Tere are several types o water rights in Montana Te type o waterright depends on when they were acquired and what rules were appliedat that time Each right is equally valid and enorceable in accordance

with its priority date1 Use Water Rights rights acquired by appropriating water and

putting it towards a benecial use No recording or approvalrom an agency was required Approximately 67% o the waterrights led in Montanas statewide adjudication are use rightsTe priority date o use rights is generally the date the water wasrst put to benecial use

Filed Rights rights led with the local county Clerk andRecorders Oce under an optional system that was rststatutorily recognized in 1885 and which continued until the July1, 1973 eective date o the Water Use Act o 1973

Murphy Rights rights led by Montana Fish & GameCommission on unappropriated waters o 12 streams to maintaininstream fows or preservation o sh and wildlie habitatPriority dates are 1970 or 1971

Decreed Rights rights that were initially use or led rightsthat have been adjudicated (decreed) by a district court Teserights are more certain in their existence, because a district courtpreviously reviewed the evidence and decided, at the time othe decree that a water right existed oday water rights areadjudicated in the Water Court

Court Approved Rights on Adjudicated Streams rightsapproved by a district court ater 1921 on an adjudicated stream

Ground Water Rights rom 1962 to July 1, 1973 In 1961, theMontana Legislature set up an exclusive method or acquiring aright to appropriate ground water On July 1, 1973, the groundwater code was repealed and the Water Use Act now governsground water appropriations

Federal and Indian Reserved Rights rights to use waterimplied rom an act o Congress, a treaty, or an executive orderestablishing a tribal or ederal reservation Te amount o water

reserved depends on the purpose or which the land was reservedIn Montana, reserved water rights have been claimed or sevenIndian reservations, or allotments or the urtle MountainChippewa ribe, or national parks, orests and wildlie reuges,and or ederally designated wild and scenic rivers2

1Basic Montana Water Law. Handout prepared by Doney, 1990 and modied and updated byLoble , 1999 and 2003

2 M DNRC Water Rights in Montana, November 2009


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Exempt Uses

Permits are required or new or expanded use water appropriations Teonly exception is or small livestock pits or reservoirs located on non-perennial fowing streams, holding less than 15 acre-eet o water and

requiring less than 30 acre eet annually, and i located on at least 40 acres

Closed Basins

Montana has authority to control or close river basins and ground wateraquiers to certain types o water appropriations because o water availabilityproblems, water contamination and protection o existing water rights

Basin closures do not aect existing water rights, but they orce widespreadacknowledgment o water scarcity in aected basins, which oten intensieslocal water management activities Te 2008 legislature created provisionsor ground water development in closed basins DNRC may issue permitsi the applicant can prove no impacts to senior water rights holders andno adverse eect on water quality Applicants may either purchase parto a senior water right or demonstrate how the impact will otherwise bemitigated Tere are ve dierent types o closures

Controlled Ground Water Areas DNRC may designate them,another state or local agency may petition or one, or water userson the source may petition or one

Petitioned Surace Water Basin Closures by Rule DNRC mayadopt Administrative Rules to close a drainage basin DNRC mustreceive a petition rom either the DEQ or at least 25% or 10 usersin the drainage basin (whichever is less)

Department Ordered Milk River Closures Te legislature has givenDNRC the authority to order closures within the Milk Riverbasin

Legislative Closures By law the legislature can preclude permitapplications in a chosen drainage basin

Compact Closures A controlled ground water area or other closuremay be created during a compact negotiation Compact Closures

are authorized by the legislature when the compact is ratied


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Montana Water Quality

Te ederal Clean Water Act (CWA) is the basis o surace water qualityprotection in the United States Authority to implement CWA programshas been delegated rom EPA to Montana DEQ, giving that agency

authorization to establish water quality standards and a permit program tocontrol the discharge o pollutants into state waters A series o legislativeactions dating back to 1907 has resulted in a collection o statutes knownas the Montana Water Quality Act which orms the basis or water qualityprotection in the state

Montana DEQ receives guidance on administrative policies and rules romthe Board o Environmental Review,a Governor-appointed, quasi-judicialbody One important unction othe Board is to adopt water qualitystandards (WQS) that identiy themaximum allowable levels o alterationduring use o state waters WQS areeither numeric or narrative(Legislative Environmental Policy Ofce and

Montana University System Water Center. A

Guide to Montana Water Quality Regulation.Bryan, Michelle and Kakuk, Michael, 1996,updated Koleman, Joe 2009. )

DEQ oversees a number o programs,tools and permits dealing with suraceand ground water protection Amongthese are:

Total Maximum DailyLoad (TMDL) a tool orimplementing water qualitystandards and based on therelationship between pollutantsources and water qualityconditions A MDL is acalculation o the maximumamount o a pollutant thata waterbody can receive andstill meet water quality standards It allocates pollutant loadingsamong point and non-point sources and is most oten expressedas a mass per unit loading o the pollutant, eg, tons/year osediment

Point Source PollutionHas a single, identiablesource o contaminationthat enters the environmentthrough a connedconveyance such as a ditch,tunnel, smokestack, or pipe

Non-point Source Pollution Comes rom various sourcessuch as runo rom land,precipitation, atmosphericdeposition, drainage, seepageor hydrologic modicationTe runo picks up andcarries away natural andman-made contaminants as itmoves, then nally depositsthem into receiving bodies owater - lakes, rivers, wetlands,coastal waters and groundwaters


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Montana Pollutant Discharge Elimination System (MPDES)Program controls point source discharges o wastewater suchthat water quality in the receiving streams is protected SmallMunicipal Separate Storm Sewer Systems (MS4s) in Montanamust obtain General MS4 Permits when proposing construction,

industrial, mining, or other dened activity that has a discharge ostorm water into surace waters MS4s in Montana include: thecity o Billings and Yellowstone County, the city o Missoula andMissoula County; and the city o Great Falls and Cascade CountyAlso included are MS4s serving a population o at least 10,000and located in the cities o Bozeman, Butte, Helena and KalispellOther MPDES permits include permits or pollution romconstruction activities (318 permit), mining, industrial activities,

concentrated animal eeding operations, sh arms, pollutiondischarge to ground water and many others For a complete list opermits and programs, visit the DEQ website, http://deqmtgov/wqino

Public Water Supply Program regulates public drinking waterand wastewater treatment acilities in Montana, licenses operatorso certain public drinking water and wastewater treatmentacilities, and is responsible or maintaining public health through

a sae and adequate supply o drinking water Tis unction isachieved by technical review, licensing, certications, compliancemonitoring, training and technical assistance

Other Water Related Permits and Programs

A system o permits, certicates, ordinances and regulatory rules has been set inplace to protect Montana water quality Although too complex to deal with in

this publication, some o the more common regulatory tools and programs thatare administered at the state and local levels are identied below Learn more byvisiting the agencies websites

Conservation Districtsadminister the 310 Law and grant 310 Permits orwork in or near a year-round (perennial) stream on private or public landTese permits protect the stream and adjoining landowners rom damage

Local foodplain administratorshandle Floodplain Development Permits thatdeal with any construction within the designated 100 year foodplain

Montana Department o Agriculture - Ground Water Protection Programsamples ground water and surace water across the state to determine thepresence o pesticides and ertilizers Te program has a permanent networko 42 monitoring wells or monitoring all shallow ground water systems in thestate In addition, investigative and special projects are conducted in vulnerableareas, watersheds, and urban environments


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MT Fish, Wildlie & Parksoversees the Stream Protection Act and issuesSPA 124 Permits or agency or government projects that may aect the bedor banks o any stream in Montana

US Army Corps o Engineersis in charge o the Clean Water Act 404

Permits that deal with any activity that will result in discharge or placemento dredged or ll materials into waters o the United States, and withFederal Rivers and Harbors Act Section 10 Permits, that deal withconstruction in or over ederally listed navigable water o the US

STATE WATER PLAN

Te Legislature has determined that in order to achieve the public policyobjectives specied in 85-1-101 MCA and to protect the waters o

Montana rom diversion to other areas o the nation, it is essential that acomprehensive, coordinated multiple-use water resource plan be progressivelyormulated to be known as the state water plan ( 85-1-101(10) MCA)Responsibility or developing the state water plan lies with the department(DNRC), with instructions to gather rom any source, reliable inormationrelating to Montanas water resources and prepare rom the inormation acontinuing comprehensive inventory o the water resources o the state Asdirected by the Legislature in 85-1-203 MCA, the state water plan mustset out a progressive program or the conservation, development, utilization,and sustainability o the states water resources, and propose the most eectivemeans by which these water resources may be applied or the benet o thepeople, with due consideration o alternative uses and combination o usesSections o the plan must be completed or the Missouri, Yellowstone, andClark Fork River basins, submitted to the 2015 legislature, and updated atleast every 20 years

Tese basin-wide plans, as amended in 2009, must include: Aninventoryofconsumptiveandnon-consumptiveuses

associated with existing water rights Acontinuinginventoryofthestatesgroundwater Ananalysisoftheeectsofdroughtandincreaseddepletionson

water availability Anestimateofsurfaceandgroundwaterneededtosatisfynew

uture demands

Proposalsforthebestmeans,suchasanevaluationofopportunities or storage to satisy existing water rights and newwater demands

Possiblesourcesofwatertomeettheneedsofthestate Legislationnecessarytoaddresswaterresourceconcernsinthese

basins


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Department of Agriculture

Registers pesticide products, monitors well design and sampling orpesticide detection http://agrmtgov

Department of Fish, Wildlife & Parks

Administers programs to protect and restore sh habitat, instream fows,

and water quality or support o shing opportunities; works to protectand improve wildlie habitat; maintains state parks and recreation sites;provides educational programs to adults and young people, includingAquatic Project WILD http://wpmtgov

Department of Environmental Quality

Administers ederal pollution control programs that protect publichealth; issues permits or municipal, industrial and agriculturaldischarges; monitors chemical and geological quality o streamsand lakes; administers unds or municipal wastewater treatmentimprovements; administers a non-point source water pollutionmanagement program; promotes wellhead protection program; reviewssanitary and environmental aspects o proposed housing subdivisionshttp://deqmtgov

Department ofNatural Resources and Conservation

Maintains a centralized record o water rights; assists the Montana WaterCourt with its statewide adjudication o water rights; develops the statewater plan; prepares technical studies on surace and ground wateravailability; administers the state water reservation statute; administersthe state dam saety act; rehabilitates and operates state-owned waterstorage projects; conducts a foodplain management program; trainswater commissioners; manages state trust lands or timber and other uses;represents Montana in interstate and international proceedings regardingwater use and allocation; and administers a Renewable Resource GrantProgram http://dnrcmtgov


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Department of Transportation

Secures foodplain permits rom counties when crossing waters othe US that pass through delineated foodplains; designs, installs andmaintains structures dealing with surace water runo (culverts, bridges,

storm drains, etc) and irrigation; mitigates or erosion rom roadwaysinto waterways; secures water rights and permits when mitigating wetlands http://wwwmdtmtgov

Historic Preservation Office

Monitors impacts o water-related development on cultural history

http://wwwhisstatemtus/shpo

Montana Bureau of Mines and Geology

A non-regulatory research agency located at the Montana College oMineral Science and echnology in Butte, this bureau gathers andpublishes inormation on state geology and minerals Its Ground WaterInormation Center (GWIC) develops and stores inormation on well

logs, water quality, and drilling wwwmbmgmtechedu

Montana Environmental Quality Council

A 17-member council created by the 1971 Montana EnvironmentalPolicy Act Oversees state environmental programs or the Montanalegislature; analyzes and interprets environmental trends; and advises thelegislature on the adequacy o the states water policy

http://legmtgov/css/Committees/interim/2009_2010/environmental_quality_council/deaultasp

Montana State LibraryNatural Resources Information System

Maintains a repository or natural resource data collected by severalstate and ederal agencies and organizations Four components include

the Geographic Inormation System, the Montana Natural HeritageProgram, the Montana Natural Resource Index, and the Montana WaterInormation Systems http://nrismslmtgov


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Montana Water Court

Completes the adjudication o water rights established prior to July1, 1973 Issues decrees based on review o water rights claims led bywater right holders http://courtsmtgov/water

Montana University System

Provides scientic and educational expertise, research, outreach, andeducation rom the Montana State University (MSU) campuses atBozeman, Billings Great Falls and Havre; the University o Montana(UM) campuses at Missoula, Helena, Butte and Dillon, and community

and tribal colleges wwwmusedu

Reserved Water Rights Compact Commission

Negotiates settlements with ederal agencies and Indian tribes that claimederal reserved water rights within Montana http://dnrcmtgov/rwrcc

The Extension ServiceHeadquartered at Montana State University, but operating through56 county extension oces and seven Indian reservations, this serviceprovides assistance and training on many water quality issues anddevelops public inormation materials and connects researchers andeducators on the MSU campus with Extension aculty throughout thestate wwwmsuextensionorg

Water Policy Interim Committee

Studies topical water quality and quantity issues to develop policydirection and necessary legislation to guide Montanas water policy

http://legmtgov/css/Committees/Interim/2009_2010/Water_Policy/


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Te geography and communities o Montana are diverse, and no uniormapproach to water management dictated rom above would be appropriate

across the state Consequently a large number o decisions that directly orindirectly aect water resources have devolved to local government Someare legal requirements; or example, conservation district boards reviewproposals or activities that would aect streams, and issue 310 permitsunder state law Other local actions are more discretionary In adoptingtheir growth policies, or example, county commissions can choose toincorporate various kinds o measures to protect water resources in the

development process Water management is an important responsibility orlocal governments Te inormation below is a synopsis o local governmentor local group responsibilities towards water

Local Health Departments

Responsible or protecting public health rom communicable disease,including water-borne disease that can be transmitted through ground andsurace water Assess potential public health problems, adopt policies andpractices to prevent pollution and clean up contamination Enorce public

health standards, including some regarding drinking water and wastewater

City & County Commissions and Boards

Direct local water management through shaping and administering countygrowth policies, subdivision regulations and other land use/protection

measures

Conservancy Districts

Formal political subdivisions o the state ormed by public petition andgoverned by an elected Board o District Directors A Conservancy Districtcan cross county boundaries to manage various water-related activitieswithin a basin, such as food control and prevention o erosion andsedimentation It has the authority to adopt rules, assess property taxes,issue bonds, enter into contracts and agreements, and exercises the right oeminent domain See MCA 85-9-101 to 623 or more inormation


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Conservation Districts

Exist in all Montana counties to address local water resource needs Guidedby a locally-elected board o directors, a CD addresses special waterproblems, regulates stream management, and educates citizens about land-

use practices and pollution prevention wwwmacdnetorg

Regional Resource Authorities

Similar to Conservancy Districts, these may be created through publicpetition and election process, with a governing body appointed bycounty commissioners RRAs purpose is to provide or collaboration andcoordination in the conservation o water resources or in the management

o water resources or agricultural and recreational uses RRAs have thepower to, among other things, sue and be sued, purchase and hold lands,levy and collect taxes, impose ees, make grants and loans, issue bonds ornotes to und projects No RRAs exist in Montana today See MCA 7-10-101 to 115 or more inormation

Water Quality Districts

Local water quality districts (LWQD) serve to protect, preserve, andimprove the quality o surace and ground water within the districtLWQDs operate with a board o directors and unding rom countyees LWQDs research local water quality, answer citizen inquiries andconduct public outreach programs Under some circumstances, they cantake on regulatory authority Four LWQDs operate in Montana today:Lewis and Clark, Gallatin and Missoula Counties, and Butte/Silver BowFlathead, Lake, and Ravalli counties have explored the possibility o district

ormation

County Water and Sewer Districts

Districts with taxing authority, operating under the authority o countygovernment, established or the purpose o developing and operating publicwater or sewer systems, or both

Water Commissioners

Local water users can petition or a water commissioner ater the waterrights in a basin have been veried by the Montana Water Court Tecommissioner ensures that daily water activities in the basin occur inaccordance with the users rights Te local district court appoints thecommissioner, and oversees his work


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Irrigation Districts

Subdivisions o government that supply water to irrigators within aspecied region Citizens may establish one by petitioning the courtMembers o the district elect a Board o Directors to make policy, hire,

manage, and make management decisions based on legal regulations andsel-adopted bylaws All district members pay taxes to construct andmaintain the water project, usually a storage reservoir or canal system,supplying their district Most ederal irrigation projects are managed byirrigation districts

Water User Associations

Non-prot corporations that manage mostly state or local irrigationprojects I they manage state-owned projects, they are bound to termso water-use contracts prepared by the DNRC Te State o Montanaholds the water rights o these projects I not associated with state-owned projects, water user associations (sometimes called Ditch or CanalCompanies) develop their own operating rules Te Middle Creek WaterUsers Association (oversees water use rom Hyalite Reservoir) is an

example o a state-owned project near Bozeman Te Livingston DitchAssociation, near Livingston, is not associated with a state-owned project

Ditch or Canal Companies

Private companies set up by local irrigators to share the cost andmaintenance o the ditch system servicing their collective lands Ditchcompanies vary greatly in membership and acreage, and oten address the

water needs o many individual water rights holders

Flathead Basin Commission

Established by the Montana Legislature in 1983 to protect the existinghigh quality o the Flathead basin aquatic environment and toencourage economic development and use o the basins resourcesto the ullest extent without compromising the high quality o the

Flathead Basins aquatic environment Te Commission is charged withaccomplishing its mission by collaborating with local governments andother stakeholders in the Basin and British Columbia and by creating acooperative, non-regulatory approach to protecting the economic valueand environmental resources o the Basin http://fatheadbasincommissionorg/


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Water enters and leaves Montana across its boundaries Te stateparticipates in a number o multi-jurisdictional organizations to optimizewater management Te major entities are listed below

International Joint Commission

Administers the Boundary Waters reaty o 1909, resolves water and othernatural resource allocation issues shared by states and provinces along the49th Parallel Helped to set rules or sharing the St Mary and Milk rivers inAlberta, Saskatchewan and Montana http://wwwijcorg/

Missouri RiverAssociation of States and Tribes (MoRAST)

Formed by Governors o Missouri basin states and the Mni Sose IntertribalWater Rights Coalition to: help resolve issues o concern to the basin states

and tribes; to serve as a orum to oster communication; and to acilitatethe management o water resources, sh and wildlie while considering theimpacts to the economic, historical, cultural, and social resources http://wwwmo-rastorg/

Missouri River Natural Resources Committee

Comprised o representatives rom seven Missouri basin state wildlie

agencies to make recommendations to the US Army Corps o Engineersabout dam operations on the river http://wwwwsgov/mountain-prairie/missouririver/q&a_972000htm


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Northwest Power Planning Council

Representatives rom the our Columbia River basin states develop andmaintain a regional power plan and a sh and wildlie program to balancethe Northwests environment and energy needs http://wwwnwcouncilorg/

Western States Water Council

Representatives appointed by the governors o 18 western states work tobuild mutual interests and support or the protection and management owater in the West http://wwwwestgovorg/wswc/

Yellowstone RiverCompact Commission

Charged with apportioning the waters o the Yellowstone River and itstributaries Includes Montana, North Dakota and Wyoming http://yrccusgsgov/


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In addition to legal processes and government agencies, less ormal eorts

bring a variety o people together to resolve conficts over water and toexplore creative solutions to problems o quality and fow

CoalitionsforLocalWatershedPlanning:People acrossMontana have created coalitions o local governments, stateand ederal agencies, businesses, and local citizens to dealwith water quality and quantity issues One example is TeBlackoot Challenge, a orum that promotes cooperative resource

management o the Blackoot River, its tributaries and adjoininglands

WatershedGroups:Tese citizen groups are as diverse as thecommunities they serve, and participate directly in watershedlevel decision making and problem solving, as well as initiatinglocal cleanups, conservation and watershed education, and datagathering/ecosystem research projects

MontanaWatershedCoordinationCouncil:Tis council servesto build and unite watershed communities by bringing peopleand inormation together Te council is comprised o privateorganizations and sta rom many local, state, and ederal naturalresource agencies http://mtwatershedsorg/deaultasp

MontanaWetlandCouncil:Tis advisory group, whosemembership is open to the public, agencies, and interest

groups, seeks to direct the development and implementationo a Montana wetlands strategy Its mission is to conserve andrestore Montanas wetlands and riparian ecosystems throughthe cooperation o public and private interests http://wwwdeqmtgov/wqino/wetlands/wetlandscouncilmcpx

SpecialInterestGroups:Farmers, wool growers, fy shingenthusiasts, loggers, boaters, miners, ranchers and developers

have a stake in how water is managed Refecting this diversity,a variety o special interest groups work on issues that aectMontanas water Groups like Pheasants Forever, rout Unlimited,Ducks Unlimited, and Ranchers Stewardship Alliance areexamples o special interest groups that have organized to addresswater issues o interest to their members


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WaterMeasurementProgram:Created by the legislaturein 1991, a Water Measurement Program helps resolvechronically dewatered streams and conficts among waterright holders Montana DNRC, with other agencies

and groups, identiy stream reaches where water supplyproblems occur Tey then depend on local watermanagement and consistent, accurate measurement odiverted water to help them assess the problems and ndsolutions Montana DNRC oversees a loan and grantprogram or water measurement or water controllingdevices (headgates) http://wwwdnrcmtgov/wrd/water_op/water_measurement_prog/deaultasp

MediationOptions:When local water conficts arise,mediation can sometimes help resolve the confictBenets o mediation may include: cost and time savingsover lawsuits and direct involvement o the parties indeveloping and accepting solutions Te Water MediatorProgram o the US District Court o Montana appointsmediators to reconcile water controversies when requested

by the Governors oce or by petition rom water usersDNRC maintains a list o trained water mediatorsMontana Water Court also retains a list o mediators

with a background in water law, water right issues, andmediation who can help the court and water users settlepre-1973 water rights


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Bureau o Mines and Geology Ground Water Inormation Center

http://mbmggwicmtechedu/

Montana Association o Conservation Districts wwwmacdnetorg

Montana Audubon http://mtaudubonorg/issues/wetlands/planning3htmlA Planning Guide or Protecting Montanas Wetlands and RiparianAreas

Montana Department o Environmental Quality (DEQ) http://deqmtgov/wqino

Montana Department o Natural Resources and Conservation (DNRC) wwwdnrcmtgovWater Rights in Montana, November 2009 http://legmtgov/content/Publications/Environmental/2009waterrightshandbookpd

A Guide to Stream Permitting in Montana http://dnrcmtgov/permits/streampermitting/guideasp

Montana Legislative Services http://legmtgov/css/Services%20Division/deaultaspA Guide to Montana Water Quality Regulation Updated 2009http://legmtgov/content/publications/environmental/2009waterqualityguidepd

Montana Natural Resource Inormation System http://nrismtgov/

Montana Watercourse wwwmtwatercourseorg

Montana Watershed Coordination Council wwwmtwatershedsorg

Montana Water Court http://courtsmtgov/water/deaultmcpxBasic Montana Water Law, ed J Doney, Esq1990, Modied andUpdated by C Bruce Loble, Chie Water Judge1999, 2003 and 2010

Montana Wetland Council http://deqmtgov/wqino/wetlands/


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Produced by:Montana Watercourse at the Montana Water Center, MSU Bozeman

Graphic Design:

Media Works, Bozeman, M

Printed by:Advanced Litho Printing, Great Falls, M

Funded by:Montana Department o Natural Resources and Conservation

Visit www.mtwatercourse.org or an electronic copy


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Guide to Montana Water Resources: Who Does What with Water Resources

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