Montana Property Agreement With River
Description
How to fill out Montana Amendment To Postnuptial Property Agreement?
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FAQ
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. Step 3 If your dam is classified as high hazard, you must obtain a Construction Permit (no fee).
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.
Water Rights Defined Like most western states, Montana governs water resources under the prior appropriation doctrine. Under this doctrine, a water user must have a water right to appropriate water from a stream or groundwater source. For the water right to be valid, it must be used for a beneficial purpose.
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.
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