85-1-704. Prioritization of water storage projects -- governor's report. (1) The governor shall submit to each regular session of the legislature a report identifying specific water storage projects proposed for development, including the rehabilitation of existing projects and new project proposals. The report must contain:
     (a) a list of water storage project priorities;
     (b) an implementation strategy for each priority project that identifies the resources (including specific budget requests), government actions, and other actions needed to accomplish the project; and
     (c) a progress report on the development of water storage projects during the previous 2 years.
     (2) In setting priorities among new water storage projects, the governor shall consider whether a project:
     (a) solves a severe water problem;
     (b) provides multiple uses and benefits;
     (c) provides for public uses;
     (d) shows strong evidence of broad citizen support;
     (e) is able to obtain nonstate sources of funding;
     (f) protects and seeks to enhance social, ecological, cultural, and aesthetic values;
     (g) improves local and state economic development;
     (h) could resolve Indian and federal reserved water rights issues;
     (i) supports water conservation activities; and
     (j) promotes the use of water reserved under Montana law.
     (3) In setting priorities among water storage rehabilitation projects, the governor shall consider whether the project:
     (a) is needed to protect public safety;
     (b) has impacts if not repaired or rehabilitated; and
     (c) accomplishes the goals listed in subsections (2)(a) through (2)(j).
     (4) In establishing budget priorities for the allocation of state water storage development funds:
     (a) first preference must be given to projects that resolve threats to life and property posed by high-hazard facilities that are in an unsafe condition;
     (b) second preference must be given to projects that improve or expand existing water storage facilities; and
     (c) third preference must be given to the planning and construction of new water storage facilities.

     History: En. Sec. 4, Ch. 659, L. 1991.