Montana Water Law is a specialized legal and administrative resource dedicated to the complex field of water rights within the state. Operating under the Montana Department of Natural Resources and Conservation, it provides authoritative guidance and legal frameworks for water appropriation, management, and dispute resolution, ensuring compliance with state laws and historical precedents.
The service operates on the foundational principle of Montana’s prior appropriation doctrine—”first in time, first in right”—and assists citizens, landowners, municipalities, and tribal entities in navigating water rights claims, adjudications, and new appropriations. With deep expertise in state water compacts, administrative procedures, and historical water use documentation, it serves a diverse clientele including private individuals, agricultural operators, developers, Native American tribes, and government agencies.
Services Offered
- Water Rights Adjudication
- Understanding and securing Existing Water Rights (Statements of Claim)
- New Appropriations applications for surface water and groundwater
- Groundwater Certificates for uses under 35 gpm
- Federal Reserved and Indian Reserved Rights consultation
- Water Reservations for future public use
- Assistance with Water Right Change applications
- Ownership updates and transfers of water rights
- Water Right Query System access and research
- Resolution of water right disputes and junior/senior right calls
- Guidance on exempt rights for livestock and domestic use
- Support for compact implementation involving tribal and federal lands
- Technical assistance during Montana Water Court proceedings
- Regional office consultations for basin-specific issues
- Education on water right elements: source, purpose, point of diversion, place of use, period of use, flow rate, volume, and priority date
The department’s resources are accessible statewide through regional offices, with services grounded in Montana’s legal and hydrological frameworks. It provides extensive public information, educational materials on water law history, and updates on legislative changes affecting water rights administration.
