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Farm406 Vol 6 Iss 1

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farm406 26 General guidelines were developed to describe the limits of a water right, including 1) the capacity of the water delivery system; 2) the amount actually put to beneficial use, 3) the amount of water reasonably necessary for a particular use--the DNRC's rule of thumb is 17 gallons per minute per acre, and 4) the period of time of actual need. By the time all water users filed statements of claim for their water rights, over 219,000 had filed for Existing Rights. at figure excluded the approximately 25,000 claims to livestock and individual domestic uses based on instream flow or groundwater sources that were exempt from the original claim filing deadlines. e water court review process has had the following steps: 1) DNRC reviews claims to Existing Rights in one of Montana's 85 water basins to determine if it is complete, accurate, and reasonable. 2) e water court uses this information to publish Interim Decrees of claims to Existing Rights in a basin, allowing water users to review those claims and object to inaccurate claims. 3) if a Compact exists, a Preliminary Decree is issued when objections can be made again, 4) Final Decree is issued and utilized to administer water rights. When the Water Court submits an Interim Decree, water users can review it and make objections. Oen there were errors when everyone was new at filing and reviewing water right claims. e objection process allows claimants to address these errors without the expense of providing personal notice to all water users that might be harmed by a correction. Objections can come from various sources, such as individuals, ditch companies, United States agencies, and the State of Montana. Once the objection period expires, the court provides notice of objections to any claimant affected by that objection. ese claimants have an opportunity to file counter objections against the claims. For small decrees, the process Photo by Suzanne Waring A 1920s land classification book provided information for adjudicating water rights on the Teton River. Indicating "Use rights," this snapshot shows the placement of ditches and water wheels on the Jacobi Ranch. Book found at the Overholser Research Center, Fort Benton. A new headgate being built on the St. Mary's Canal in northern Montana. Newly replaced Drop 5 on St. Mary's Canal.

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