ARTICLE IX
ENVIRONMENT AND NATURAL RESOURCES
Section 1. PROTECTION AND IMPROVEMENT. (1) The state and each person
shall maintain and improve a clean and healthful environmentin Montana for present and future
generations.
(2) The legislature shall provide for the administration and enforcement of this duty.
(3) The legislature shall provide adquateremedies for the protection of the environmental
life support system from degradation and provide adequate remedies to prevent unreasonable
depletion and degradation of natural resources.
Section 2. RECLAMATION. All lands disturbed by the taking of natural resources
shall be reclaimed. The legislature shall provide effective requirements and standards for the
reclamation of lands disturbed.
Section 3 . WATER RIGHTS. (1) All existing rights to the use of any waters for any
useful or beneficial purpose are hereby recognized and confirmed.
(2) The use of all water that is now or may hereafter be appropriated for sale, rent,
distribution, or other beneficial use, the right of way over the lands of others for all ditches, drains,
flumes, canals, and aqueducts necessarily used in connection therewith, and the sites for
reservoirs necessary for collecting and storing water shall be held to be a public use.
(3) All surface, underground, flood, and atmospheric waters within the boundaries of the
state are the property of the state for the use of its people and are subject to appropriation for
beneficial uses as provided by law.
(4) The legislature shall provide for the administration, control, and regulation of water
rights and shall establish a system of centralized records, in addition to the present system of local
records.
Section 4. CULTURAL RESOURCES. The legislature shall provide for the
identification, acquisition, restoration, enhancement, preservation, and administration of scenic,
historic, archeologic, scientific, cultural, and recreational areas, sites, records and objects, and for
their use and enjoyment by the people.