RESOLUTION 2004 – 31

 

 

WATER RIGHTS ADJUDICATION, DIRECTION AND, FUNDING

It is the intent of the Montana Association of Counties to review and monitor the recommendations of the Environmental Quality Council that would establish an annual fee for holders of water rights in Montana

 
 

 

 

 

 

 


WHEREAS, the Montana Legislature has not provided adequate direction and funding for the Water Court to complete the water rights adjudication process in Montana; and

 

WHEREAS, it is estimated that at the current rate of progress it may take as long as 50 years to complete the adjudication process; and

 

WHEREAS, water rights claimed, but not yet adjudicated may be threatened by water rights holders in other states; and

 

WHEREAS; the Environmental Quality Council (EQC) has proposed legislation to establish an annual fee to be paid by water rights holders, including all state and federal agencies to fund the completion of the adjudication process; and,

 

WHEREAS, under the proposed fee schedule, holders of small water rights, typically irrigators and livestock owners will pay approximately 60% of the total fees collected.

 

NOW, THEREFORE, BE IT RESOLVED, that the Montana Association of Counties will monitor the proposed legislation to determine its effects on county residents and to urge the legislature to find adequate funding and alternative procedures to complete the adjudication process, other than charging small water right holders a large fee.

 

 

SPONSOR:                                                    Districts 1, 2 and 3

 

RECOMMENDATION:                              Do Pass

 

PRIORITY:                                                    High

 

REFERRED TO:                                           MACo Agriculture Committee,

MACo Public Lands Committee

 

ADOPTED:                                                    Annual Convention, Missoula, MT

                                                                        September 29, 2004