Does Montana have water rights?

A water right is a property right to use (but not own) water in Montana, as affirmed by the Montana Constitution, the Montana Supreme Court, and by State law. Because it is a property right, a water right can be sold, leased, and/or severed from the property where it has historically been put to beneficial use.

Who has water rights in Montana?

Seven state entities play a role in administering Montana water rights and the statewide water adjudication: the Montana Department of Natural Resources and Conservation (DNRC), the Montana Water Court, the District Courts, the Reserved Water Rights Compact Commission, the Attorney General, and two legislative …

How much are water rights worth in Montana?

It may be possible to find and purchase additional water rights with the basin. According to West Water Research, there’s been limited trading activity in Montana in the 2010s, with prices averaging $10 to $25 per acre-foot.

What are Montana water rights based on?

In order to legally put water to a beneficial use in Montana, a person must have a water right. And a water right is both based on and limited by the actual use of the water. In 1973, the Montana state constitution established the process of defining water rights that were in use prior to 1973.

What is the Montana water rights Protection Act?

Introduced in Senate (12/11/2019) This bill authorizes, ratifies, and confirms a specified water rights settlement entered into by the United States, Montana, and the Confederated Salish and Kootenai Tribes of the Flathead Reservation of Montana.

What is an exempt well in Montana?

Exempt Wells: A bum deal for Montana’s rivers. For many years in Montana, small individual wells have been exempt from any regulatory oversight. The law originally intended permit-exempt wells to be used on an individual basis, trusting that a single well would not have many negative impacts on nearby water users.

Who owns groundwater in Montana?

1. Montana’s water belongs to the state for the ben- eficial use of its people. Therefore, water right holders do not own the water; they possess the right to use the water. 2.

Do you need water rights to drill a well in Montana?

Do I Need A Water Right? Yes. If you intend to use more than 35 gallons of water per minute or 10 acre-feet in volume per year, you will need to apply for a “Beneficial Water Use Permit” (Form 600) from the DNRC in order to legally use the water in the well.

Can I drill a well on my property in Montana?

Montana’s water use law requires permits for all water wells, except for small wells that draw less than 35 gallons a minute and 10 acre-feet a year. But a “combined appropriation” of water by two or more of those small wells that exceeds the limit must receive a permit.

Is it legal to drill your own well in Montana?

Yes. If you intend to use more than 35 gallons of water per minute or 10 acre-feet in volume per year, you will need to apply for a “Beneficial Water Use Permit” (Form 600) from the DNRC in order to legally use the water in the well.

Who owns the water in Montana?

Montana’s water belongs to the state for the ben- eficial use of its people. Therefore, water right holders do not own the water; they possess the right to use the water.