Fee would speed resolution of rights


SUMMARY: Montana needs to get off the dime and resolve water rights. Here's a way to do it.


Missoulian editorial

Last spring, we called attention to the problems looming because Montana has never succeeded in sorting out myriad claims to water rights (Missoulian editorial, April 11). Today we offer a rousing cheer over action taken last week by the state Environmental Quality Council. Its members have endorsed the first concrete plan for jump-starting the necessary and inevitably expensive process of clarifying who owns rights to what water.

EQC members meeting in Helena unanimously endorsed proposed fees levied on water users to bankroll an expanded program to speed up adjudication of water rights. The idea will be made formal in a bill for consideration by the Legislature in January.



Call it a user fee. Call it a water tax. Whatever, even a relatively modest amount of money could vastly accelerate an adjudication process first launched in 1979 but in recent years has languished. Under the plan sketched out by the EQC, farmers, ranchers, utilities, cities, factories, Montana Department of Fish, Wildlife and Parks and others claiming pre-1973 water rights would be charged a flat fee or, if they claim a lot of water, a proportional fee. All told, the fees might amount to $2.6 million a year collected from 113,000 people or entities.

In April's editorial, we cited Department of Natural Resources and Conservation estimates showing an additional investment of $1.4 million a year would be enough to finish the job in 10 more years. Two million six hundred thousand dollars might just get the job done a little faster.

And, as we've pointed out previously, time is of the essence. Every land sale, subdivision, factory closing and change in agricultural practices further complicate resolution of water rights, which are based on seniority and historical use. So much of the "record" of historical use exists in the heads of older Montanans, more of whom we lose every passing year. The longer it takes to verify and clarify water rights, the harder and more expensive it's likely to become. In the meantime, the lack of clear rights creates uncertainties that affect property values and discourage economic development.

The EQC has advanced a credible and responsible proposal for completing a necessary task. Are there other ways in which the same work could be done? If there are other ideas, we'd like to see them - and we especially challenge anyone who balks at the idea of water users paying for water rights clarification to offer a better plan.

We could do worse than to have several concrete proposals for speeding up water rights adjudication when the Legislature convenes. To have even the one good one, however, is a big step forward.



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