DNRC from page 2
owners before that confirmed that they also had running water in the 60s. All of this was in preparation to file a “use right” using form 222 for groundwater developed before Jan. 1, 1962. That would have required “substantiation documents” preferably from someone who knew when that use began. That was a stumbling block, since no one seemed to know when the well was first drilled. When I posed this question to Wick, he told me this conundrum “is common in the adjudication process. If you’re talking about a domestic well or stock well used historically you could go with ‘to the best of my knowledge,’ do a bucket measurement or the best estimate you can (to determine volume),” he said. “The point is to accurately represent the historic use and if you need to take a contemporary measurement for that based on an existing
system that’s acceptable information and it just needs to be documented and described.” Fortunately, we unearthed something even better with help from Kathy Olsen, manager of the DNRC’s Kalispell Regional Office. She noted that many water filings are no longer kept at the Clerk and Recorder’s Office where they were originally filed. However, those documents are now stored online at mediaserver.dnrc.mt.gov/survey/groundwater.html. I followed the link, clicked on Lake County, located the filings for our township and range, used the list of previous owners from the courthouse and the property description, and found a Declaration of Vested Groundwater Rights, filed Jan. 10, 1964. According to that document, the well was dug in 1948. Eureka! While this simplifies our application process considerably, it still left me with some what-ifs. Here are the questions I posed, and Olsen’s answers, beginning with
“
Both state and tribal... have the same water rights administrative options available to them that have not existed for 25 years.”
- DNRC Program Manager Arne Wick
the one that led me to the DNRC groundwater filings: 1. Although we’ve tracked down the owners of the property dating back to 1937, we’ve only verified use beginning in 1966. It’s not that hard to get a statement from the owner we bought it from in 1979, stating that a well existed on the premises during their 10-year tenure. Is that sufficient? DNRC: If use was between 1962 and July 1, 1973, the owner of the property had to file at the courthouse. Those filings can be found at mediaserver.dnrc. mt.gov/survey/groundwater.html. You need the owner name and legal land description to find documents if they were
filed. There should be two pages per filing and both pages need to be attached to the 222F. 2. According to the DNRC, if the well was developed after Jan. 1, 1962 and before July 1, 1973, and not recorded at the county courthouse, we need an Application for a Domestic Allowance form from the Flathead Reservation Water Management Board (FRWMB), which has no forms available yet. Your advice? DNRC: If there was no such filing, you can fill out Form 602 (described on the DNRC website as “previously unfiled uses of water that were put to use before Sept. 17, 2021 and exempt from state permit requirements”).
3. According to a story in the Char-Koosta News, dated Feb. 17, for those who miss the filing deadline of March 16, their applications for existing use will be addressed “among new uses, which will be permitted under the purview and authority of the FRWMB.” Does that mean that those who don’t file on time are basically filing an application for new use, despite the well or stock-water possibly having been in use for several decades? DNRC: That is correct. Thus the importance for getting eligible uses (prior to the compact effective date of Sept. 17, 2021) into the DNRC by March 16, 2022. 4. I’ve also had inquiries from people who have been pumping water from the lake for irrigation and domestic use for decades. Do they use this same form (222) for preexisting domestic use or is there another route they should take? DNRC: If they are taking water for any use via pump from a surface
water source and have not previously filed, they will have to wait for the Office of the Engineer to then file on those uses. (The FRWMB plans to begin advertising for the crucial position of water engineer soon.) With the March 16 deadline looming, Olsen says her office in Kalispell has been “very busy with phone calls and walk-ins from the Reservation.” Personally, I found the DNRC staff to be very knowledgeable and helpful. For filing assistance in Flathead, Lake and Sanders counties, call 406-752-2288; for Missoula County, call 406721-4284. The FRWMB will meet from 1-3 p.m. March 3 via Zoom for a work session devoted to board orientation on the compact, the Unitary Administration and Management Ordinance and the water rights registration process. To watch the public portion, head to https://bit.ly/FRWMB-Mtg4.
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Ronan acquires new property next to city park Story and Photo by Taylor Davison / Valley Journal
RONAN — The Ronan Revitalization Committee announced during a Feb. 22 meeting that the city of Ronan was recently able to purchase property behind the Second Chance Saloon. “We’ve been trying to buy that property for years,” Public Works Director Dan Miller commented. The three city lots Ronan purchased have been elusive for years due to the complexity of their ownership. Owned by multiple members of a family, all owner parties had to agree to sell at the same time and agree to sign off on the negotiated price. The final offer the city made was for $35,000.
Valley Journal
“It would have been more if it were building lots,” Miller explained. Approximately 70% of the new land purchased for the park exists in the floodplain, leaving it underwater for a portion of the year. The first step will be to clean up the property. Mowing has begun, but tree maintenance and other safety measures still need to be taken. A few ideas for the property are being floated around, such as a natural amphitheater due to the slope and curve of the land, but nothing has been decided on yet. The park committee of the city council will begin meeting this year in late spring or early summer to continue use discussions. March 2, 2022 - 5
