Article published Jan 20, 2008

City of Great Falls mulls steps to secure water rights

Use it or lose it.

The doctrine is familiar to workers who lose their accrued vacation time if they don't use it before the end of the year.

It also applies to water rights, although not quite as straightforwardly as it applies to days off.

A consultant retained by the city of Great Falls to help navigate the sometimes-murky world of water rights told city commissioners recently that the city could solidify its considerable water rights in the long run by selling water to large industrial users.

For example, the consultant, Water Right Solutions, Inc., noted that the city already is providing water for the malting plant north of town, and it is planning on doing the same for the Highwood Generating Station proposed northeast of the city. WRSI said the Montgomery Energy natural gas-fired electric plant proposed for a site near the malt plant, as well as a possible coal-to-liquids plant at Malmstrom Air Force Base and even an ethanol plant, also would be prime candidates for city water.

Great Falls is in an excellent position as far as water is concerned, thanks to its location athwart the Missouri and Sun Rivers and to foresight by earlier city administrations, starting with the filing of a major water right way back in 1889 by city founder Paris Gibson.

As it happens, "use it or lose it" isn't the only axiom of Montana water law, or even the best known. That honor goes to: "First in time is first in right." It means that senior water rights are almost unassailable.

If it takes a few actions now, the city can continue its excellent position well into the next century.

Beyond the potentially controversial recommendation of selling water to industrial developers, WRSI made several recommendations that didn't attract as much attention, but that make good sense.

WRSI said the city should:

Purchase two available blocks of water rights known to be available at present in the Upper Missouri River Basin. This could be expensive, but it should be viewed as an investment.

Parallel to that, establish a long-term program of analyzing and purchasing other senior water rights for the purpose of economic development.

Amend zoning law "to require that water rights appurtenant to lands annexed into the city be surrendered to the city as a condition of annexation." And when no water rights exist, a cash-in-lieu-of-water-rights fee should be charged as a condition of annexation.

Drill small wells for the purpose of irrigating city parks that aren't near the Missouri River. During summer months, that would save treated city water for domestic consumption and potential development.

Work with PPL Montana and be vigilant during the water-rights adjudication process that is about to begin in the area, acting when necessary to protect the city's interests.

Underlying these recommendations is the assumption — accurate as near as we can tell — that water in the semi-arid West is going to get nothing but more precious and contentious as time goes by.

By acting quickly, the city can reasonably ensure a stable water future for our children and grandchildren before the price shoots up and the law changes — both of which are virtually certain.