Article IX, Montana Constitution
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| Text of Section 1:
Protection and Improvement
(1) The state and each person shall maintain and improve a clean and healthful environment in Montana for present and future generations.
(2) The legislature shall provide for the administration and enforcement of this duty.
(3) The legislature shall provide adequate remedies for the protection of the environmental life support system from degradation and provide adequate remedies to prevent unreasonable depletion and degradation of natural resources.
| Text of Section 2:
(1) 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.
(2) The legislature shall provide for a fund, to be known as the resource indemnity trust of the state of Montana, to be funded by such taxes on the extraction of natural resources as the legislature may from time to time impose for that purpose.
(3) The principal of the resource indemnity trust shall forever remain inviolate in an amount of one hundred million dollars ($100,000,000), guaranteed by the state against loss or diversion.
- Amended with the approval of Constitutional Amendment No. 1 November 5, 1974.
| Text of Section 3:
(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.
| Text of Section 4:
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.
| Text of Section 5:
Severance Tax on Coal -- Trust Fund
The legislature shall dedicate not less than one-fourth (1/4) of the coal severance tax to a trust fund, the interest and income from which may be appropriated. The principal of the trust shall forever remain inviolate unless appropriated by vote of three-fourths (3/4) of the members of each house of the legislature. After December 31, 1979, at least fifty percent (50%) of the severance tax shall be dedicated to the trust fund.
- Amended with the approval of Constitutional Amendment No. 3 on November 2, 1976.
| Text of Section 6:
Noxious Weed Management Trust Fund
(1) The legislature shall provide for a fund, to be known as the noxious weed management trust of the state of Montana, to be funded as provided by law.
(2) The principal of the noxious weed management trust fund shall forever remain inviolate in an amount of ten million dollars ($10,000,000) unless appropriated by vote of three-fourths (3/4) of the members of each house of the legislature.
(3) The interest and income generated from the noxious weed management trust fund may be appropriated by a majority vote of each house of the legislature. Appropriations of the interest and income shall be used only to fund the noxious weed management program, as provided by law.
(4) The principal of the noxious weed management trust fund in excess of ten million dollars ($10,000,000) may be appropriated by a majority vote of each house of the legislature. Appropriations of the principal in excess of ten million dollars ($10,000,000) shall be used only to fund the noxious weed management program, as provided by law.
- Amended with the approval of Montana Protection of Agriculture, Measure C-40 (2004) on November 2, 2004.
| Text of Section 7:
Preservation of Harvest Heritage
The opportunity to harvest wild fish and wild game animals is a heritage that shall forever be preserved to the individual citizens of the state and does not create a right to trespass on private property or diminution of other private rights.
- Amended with the approval of Montana Right to Wild Game Hunting and Fishing, Measure C-41 (2004) on November 2, 2004.
- State constitution
- Constitutional article
- Constitutional amendment
- Constitutional revision
- Constitutional convention
- Montana Judicial Branch, "Montana Constitution"
- Montana.gov, "Chapter 21: A People's Constitution (1972)"
- Montana State Legislature, "Highlights from Legislative History"
- Montana Historical Society, "The Blessings of Liberty: Montana's Constitutions"
- Montana Policy Institute, "Home"
- Beartooth NBC, "Big Sky Chronicles: Montana Constitution," (dead link)
- Montana PBS, "For This and Future Generations..."
- Elison, Larry and Fritz Snyder. (2011). The Montana State Constitution, New York, New York: Oxford University Press
- University of Montana's William J. Jameson Law Library, "Documentary History of the Ratification of the Montana Constitution"
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