Montana Title 85. Water Use § 85-7-1912. Exchange of water by board

(1) Whenever any canal constructed, owned, or controlled by the district crosses any creek, stream, water channel, or watercourse, the water of which is used to irrigate land lying below the canal, the district may contract with the owner or owners of the right to the use of the water or waters in the stream, creek, water channel, or watercourse for an exchange of water and to supply the owner with water from the district system. The contract must be in writing, signed and acknowledged by all the parties before an officer authorized to take acknowledgments, and must be filed and recorded in the office of the clerk and recorder of the county in which the creek, stream, water channel, or watercourse is situated. The acknowledgment must be certified by the officer in the manner that deeds are required to be certified to entitle them to be recorded. After recording, the district may supply the land below the canal, whether the land is included in the district or not, with water from the works of the district, and the owner or lessee of the land must be furnished with the same quantity of water as that to which the owner or lessee would be entitled out of the creek, stream, water channel, or watercourse if the district works had not been built.

(2) The district may appropriate and take possession of the water replaced and has the same right to that water as the owner or lessee of the land had as long as the water is replaced by a like quantity of water from the works. The appropriating and taking of the water by the district may not deprive the owner or lessee of the right to retake and use the water if the owner or lessee at any time is prevented from having or using the same quantity of water from the works. The district also has the right to make appropriation and take possession of the water at any point and to sell, lease, or use the water on any land, either above or below the canal, and the appropriation of the water at any point or selling, leasing, or using the water may not prejudice the right of the district to the water and may not increase the rights of the owner or owners of any other water right on the creek, stream, water channel, or watercourse.

(3) All water, the right to the use of which is acquired by the district under any contract with the United States, must be distributed and apportioned by the district in accordance with the acts of congress, the rules and regulations of the secretary of the interior, and the provisions of the contract.