85-9-101. Policy considerations. To provide for the conservation and development of the water and land resources of the state of Montana, conserve Montana’s water for utilization for beneficial purposes within the state, and provide for the greatest beneficial use of water within this state, the organization of conservancy districts and the construction of works as defined by this chapter are a public use and will:

Terms Used In Montana Code 85-9-101

  • Property: means real and personal property. See Montana Code 1-1-205
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Works: means all property, rights, easements, franchises, and other facilities, including but not limited to land, reservoirs, dams, canals, dikes, ditches, pumping units, mains, pipelines, waterworks systems, recreational facilities, facilities for fish and wildlife, and facilities to control and correct pollution. See Montana Code 85-9-103

(1)be essentially for the public benefit and advantage of the people of Montana;

(2)benefit all industries of the state;

(3)encourage economic growth;

(4)indirectly benefit the state by increasing property valuations;

(5)directly benefit municipalities by providing adequate supplies of water for domestic uses;

(6)directly benefit lands irrigated or drained by works constructed;

(7)directly benefit lands now irrigated by stabilizing the flow of water in streams and by increasing the flow and return flow of water to those streams;

(8)enhance fish and wildlife habitat;

(9)improve recreational facilities; and

(10)promote the comfort, safety, and welfare of the people of Montana.