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The Water Use Act (Act), passed by the Montana Legislature in 1973, mainly dealt with free flowing streams, irrigation and ground water. It did not address livestock water use. So why is this an issue? Irrigation from free flowing streams requires a specific point of diversion and a specific place of use. Priority dates and the amount of water allocated to a user become important when drought conditions reduce the amount of water in the stream. Similarly, ground water can become an issue when subdivision withdrawals start impacting the water table. The Water Use Act was primarily concerned wit...
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