(1) As provided by 85-2-201, MCA: "It is the policy of this
state... to provide for the wise utilization, development, AND CONSERVATION of
the waters of the state for the maximum benefit of its people with the least
possible degradation of the natural aquatic ecosystems." While it is the
policy of this state to recognize and confirm all existing rights to the
beneficial use of any waters of the state, Montana must be responsive to the
need for establishing options for future diversionary uses of Montana's water
resource and for maintaining stream flows for the protection of existing water
rights, aquatic life, and water quality.
(2) The water reservation process, as
provided by 85-2-316, MCA, is a means whereby this policy can be
implemented. This law provides for the establishment of reservations of water
by governmental entities for beneficial uses that are necessary and shown to be
in the public interest.
(3) The purpose of these rules is to
provide guidelines and procedures for the preparation and processing of correct
and complete water reservation applications and for the adoption and
implementation of board orders reserving water in order to assure, to the
fullest extent possible, that the proposed use of reserved water is not
speculative.
(4) The water reservations are intended to
be administered in accordance with the above policy and as provided in 85-2-316,
MCA. These rules are intended to be implemented so as to provide reservants
reasonable time for compliance with board orders.