85-1-704 . Prioritization of water storage projects -- governor's report. (1) The governor shall submit to the legislature a report in accordance with 5-11-210 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.
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