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Water Law
Water law, water rights and related easements are
hot topics in Montana, particularly in light of
increased real estate development and the Montana
legislature's recent creation of a "tax" or fee on
nearly all water right owners in Montana. The new
tax is intended to provide additional resources to
speed up the statewide adjudication of all historic
water rights (pre July 1, 1973 priority date). The
adjudication is a massive project which has been
ongoing since the 1980's, but which still has a long
way to go despite many, many years of hard work by
the Montana Water Court and the Montana Department
of Natural Resources and Conservation (DNRC). Once
the adjudication process is completed, all of
Montana will be in a better position to defend the
State's water resources. With respect to new water
rights (after July 1, 1973), you must submit an
application to and obtain the approval of the
Montana DNRC (including wells if greater than 35
gallons per minute in capacity). Making a change to
an existing water right likewise requires an
application to and prior approval of the DNRC.
We handle applications for new water rights,
transfers, changes in existing water rights (points
of diversion, place of use, etc.) and objections to
applications for new water rights and changes to
existing rights. If
you need assistance with any aspect of historic or
new water rights, please contact one of the
following attorneys:
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