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Water Rights Resource List

Page history last edited by Barbara Pepper Rotness 8 years, 2 months ago

Missoula Power House and Dam, June 6, 1908

ST 001.419


 

 

Water Rights

 

Introduction

 

Since the birth of the territory in 1864, Montana farmers, ranchers, and legislators have grappled with the issue of water rights in an arid land. Since the 1870s the doctrine of “prior appropriation” has been the guiding principle in Montana water law, “first in time, first in right.” From the beginning a lack of central state administration of water rights has plagued the state, permitting the over-appropriation of water from streams and countless courtroom battles over who gets use of the surface water. In the 1970s the Department of Natural Resources and Conservation was designated the state agency responsible for "adjudicating" conflicting rights. The process of adjudication continues today.

 


 

To find additional sources, you can search our catalog.  The results shown are based on a general search of the topic.  It may not include all relevant resources and should be used only as a starting place for your research. 

 


 

State Records and Manuscripts

 

  • Carey Land Act Board records, 1903-1962

The Montana Carey Land Act Board took over the land reclamation duties of the State Arid Land Grant Commission in 1903. Records (1903-1962) consist of correspondence, minutes, irrigation project files, contracts, financial records, and printed material.

 

  • Montana State Engineer records, 1864-1964

The Montana State Engineer was responsible for developing state water projects. Records include general correspondence (1921-1923), outgoing correspondence (1939-1942, 1951-1964), and subject files (1865-1920) on water rights. In additional there are organizational charts and job descriptions; biennial reports (1906-1964), and miscellaneous articles (1964, n.d.).

 

  • Hans Bille papers, 1955-1977

This collection consists of materials accumulated by Hans L. Bille during his tenure as Montana's surface water rights coordinator. Subject files (1938, 1962-1968, n.d.) relate to the Flathead Irrigation Project, the "Fort Belknap Indian Irrigation District", and the Tongue River Project. Miscellany (1955, 1971, n.d) consists of a U.S. Bureau of Reclamation annual project report history for the Milk River Project, and various documents relating to Montana water law and rights.

 

  • Fred E. Buck reminiscences, 1935-1979

Fred Buck was an engineer and a Helena, Montana, resident at the time of the earthquake of 1935. This collection consists of a reminiscence describing his family's, and other Helenans', reactions to the quake, the destruction, and the cleanup. Also included is a reminiscence concerning damage to, and repair of, the Higgins Avenue bridge in Missoula in 1913. Biographical reminiscences are also included in the collection which concern Buck's early life in Stevensville, Montana, and his career in engineering and surveying; the Clark Fork River flood in 1908; a motorcycle trip from Arizona to Montana, in 1915; and his marriage to Juanita Evans.

 

  • Luppold Vs. Lewis, Et Al. Records 1890-

Luppold vs. Lewis, et al. was a case heard in District Court, Meagher County, Montana, between William Luppold and Len Lewis over irrigation water rights on Luppold's ranch. Records consist of a transcript of testimony (1890).

 

  • Montana Attorney General's records, 1957-1982

Subject files and correspondence regarding state water rights, conservation, water compacts and State Water Conservation Board.

 

  • Madison County District Court records, 1905

These records (1905) of the Madison County Clerk of District Court consist of a transcript of a trial held in the District Court of the Fifth Judicial District. The case, Charles C. Hill, et al vs. Fred Ellinghouse, et al, and Alex McKay, concerns water rights for Indian Creek near Sheridan, Montana.

 

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Oral Histories

 

  • Elmer "Sonny" Morigeau interview, 1989 July 31

Topics include irrigation and water rights on the Flathead Reservation.

 

  • Eugene Manley interview, 1992 Jul. 27

Topics include his family; irrigation; water rights and water use in the upper Clark Fork Basin; the Allendale Irrigation Company; the Rock Creek Flume and Ditch Company; litigation and legislation affecting water usage in the area.

 

  • Richard B. Roeder interview, 1994 Aug. 16

Topics include water-rights issues addressed by the 1972 Montana Constitutional Convention; changes in the establishment of water rights; the work of the Office of State Engineer to codify water codes; and problems caused by the public s resistance to modernizing water-rights laws.

 

  • Everett Darlington interview, 1994 Aug. 23

Topics include Montana Water Board policies and politics; current trends in irrigation; dams on the Missouri River and its tributaries; general water-rights issues in Montana; and his service as the last state engineer.

 

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Published Materials (Books, pamphlets, state documents, and reports)

 

  • Water Resources Survey: History of Land and Water Use on Irrigated Lands, State Water Conservation Board, Helena 1939-1967  (a survey exists for 41 of the 56 counties). Historical information about water development and use, including detailed maps showing ditches and canals.

 

  • Hans Bille / Montana's water problems  Provides a succinct overview of Montana water law and a comparative analysis of other western states.

 

  • F.H. Ray / Irrigation, ought Montana to aid it, if so, how? : a report to Governor Jos. K. Toole, being a supplement to a report on the State Arid Land Grant Commission

 

  • Gallatin Land and Investment Co., Bozeman / West Gallatin River Water Right Suit Documentation of claims in a District Court water rights suit.

 

  • Elwood Mead / Water Rights on the Missouri River and Its Tributaries U.S. Department of Agriculture, Experiment Station Bulletin 58, GPO, Washington, D.C., 1899

 

  • Montana Water Rights: Hearings Before the Select Committee on Indian Affairs, U.S. Senate July 30, 1979 through Aug. 31, 1979, GPO. Washington, D.C., 1979

 

  • Robert Dunbar / Forging New Rights in Western Waters  Lincoln, Neb., 1983, p. 100-133. Written by a Montana State University history professor who established his reputation as an expert on the history of Montana water rights.

 

  • Robert Dunbar / Groundwater property rights and controversies in Montana : completion report Bozeman : Montana University Joint Water Resources Research Center, 1976.

     
  • Dept. of Natural Resources & Conservation / Water Rights in Montana Helena, Dec. 1999, 27 pp. This publication lays out the Montana law as it relates to water rights.

 

  • Stan Bradshaw / A Buyer's Guide to Montana Water Rights Trout Unlimited, Montana Water Project, Bozeman, 2006, 25 pp. A land buyer's guide to pitfalls surrounding Montana water rights.

 

  • Donald Pisani / Water and American Government: The Reclamation Bureau, National Water Policy, and the West, 1902-1935 University of California Press, Berkeley, 2002, 394 pp. A great overview of water policy and the west providing a context for understanding issues in Montana water rights.

 

  • John Shurts / Indian Reserved Water Rights: The Winters Doctrine in Its Social and Legal Context, 1880s-1930s Univ. of Oklahoma Press, Norman, 333 pp. A good analysis of the issues surrounding Indian water rights with a focus on the Milk River in Montana.

 

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Periodical Articles

 

  • Robert Dunbar, "The Search For a Stable Water Right in Montana," Agricultural History, Vol. 28 (October 1954), p. 138-149.

 

  • James Sherow, "The Fellow Who Can Talk the Loudest and Has the Best Shotgun Gets the Water," Montana, The Magazine of Western History, Vol. 54, No. 1 (Spring 2004), p. 56-69.

 

  • Brian Shovers, "Diversions, Ditches, and District Courts: Montana’s Struggle to Allocate Water," Montana, The Magazine of Western History, Vol. 55, No. 1 (Spring 2005), p. 2-15.

 

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 Montana Historical Society Research Center

 225 North Roberts, P.O. Box 201201, Helena, MT 59620-1201, 406-444-2681, 406-444-2696 (fax)

 mhslibrary@mt.gov

 

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