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Graduate Student Theses, Dissertations, & Professional Papers

2010

Water rights

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Recommendations For Instream Flow Rights On National Forest Lands In Montana, Andrew Marias Fischer Jan 2010

Recommendations For Instream Flow Rights On National Forest Lands In Montana, Andrew Marias Fischer

Graduate Student Theses, Dissertations, & Professional Papers

A unique opportunity exists to create instream water rights on national forest lands in Montana as a result of the US Forest Service Reserved Water Rights Compact between the US Forest Service (USFS) and the state of Montana, which went into law in 2007. Instream water rights on national forest lands are important because they have the potential to protect streamflows that support many vital ecosystem functions in our forests from water development pressures. Montana Trout Unlimited has an interest in advancing and accelerating this effort by providing stream recommendations to the USFS for the establishment of future water rights. …


First In Right: The Keystone Of Water Rights Law Presents And Faces Challenges In A Populated West, Laura L. Lundquist Jan 2010

First In Right: The Keystone Of Water Rights Law Presents And Faces Challenges In A Populated West, Laura L. Lundquist

Graduate Student Theses, Dissertations, & Professional Papers

With fewer than a million people, Montana is one of the last states to tackle some problems that accompany population growth. One such problem is access to water. Water users file with the state for rights to use water, both above and below ground. Users with older rights have a higher priority to receive water during droughts. This is the foundation of Montana water law. Water rights experts believe all the water has been claimed in many if not all the river basins in the state. The state is evaluating all water rights to see if this is true. In …


An Assessment Of Municipal Water Rights And Water Systems In The Clark Fork River Basin, Jacob Daniel Petersen-Perlman Jan 2010

An Assessment Of Municipal Water Rights And Water Systems In The Clark Fork River Basin, Jacob Daniel Petersen-Perlman

Graduate Student Theses, Dissertations, & Professional Papers

In the semi-arid Inland Northwest, water is undoubtedly the most important natural resource. Western Montana’s Clark Fork River basin is no exception. As the population of western Montana continues to grow, the Clark Fork River basin below the Flathead Indian Reservation is largely in de facto closure to the establishment of new water rights. Communities face a great amount of uncertainty with respect to their ability to establish new water rights to accommodate future growth due to the de facto closure, along with the ongoing adjudication process and the inability for communities to grow into their claimed water rights established …