How do water rights work in Montana?

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.

What 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.

Who owns water rights in Montana?

The State of Montana therefore “owns” Montana’s waters, and it administers a system of water rights under the doctrine of prior appropriation that gives a person the right to appropriate water for a variety of beneficial uses. The Montana Legislature passed the Montana Water Use Act, effective July 1, 1973.

Is it legal to dam a river in Montana?

Curran, the Montana Supreme Court held that “under the public trust doctrine and the 1972 Montana Constitution, any surface waters that are capable of recreational use may be so used by the public without regard to streambed ownership or navigability for nonrecreational purposes.” This decision was expanded upon in the …

Do you need a permit to dam a river in Montana?

To build a new dam with an impoundment capacity of 50 acre feet or more, you must apply to the DNRC Dam Safety Program for a hazard classification. Dams classified as high hazard, and containing over 50 acre foot of water, are required to obtain additional permits from the DNRC Dam Safety Program.

What are Ditch rights in Montana?

Ditch easements are commonly used to convey water to water rights holders. Montana law does not allow encroachment of easements without ditch owner permission. Conflicts between landowners and ditch owners may be increasing. Other states may provide guidance regarding such disputes.

Can you own River in Montana?

The state of Montana claims ownership of the beds of navigable rivers between the low water marks – not the high water marks. Any islands within these low water marks of navigable rivers, not deemed owned by the Federal government or private parties, are claimed by the State of Montana and accessible to the public.

How are appropriative water rights described?

An appropriative right is generally based upon physical control and beneficial use of the water. These rights are entitlements to a specific amount of water, for a specified use, at a specific location with a definite date of priority.

What is appropriative rights in real estate?

Water rights allocated by government permit according to an appropriation system. It is not necessary to own property beside the body of water in order to apply for an appropriation permit. Also called: Prior Appropriation. Compare: Littoral Rights, Riparian Rights.

Are rivers private property in Montana?

Does Montana have riparian water rights?

Because Montana waters belong to the state, water rights holders do not own the water itself. Instead, they possess a right to use the water, within state guidelines.