Montana Groundwater Lease
Description
How to fill out Groundwater Lease?
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FAQ
Your right to use the water?your water right or appropriation right?has been recognized as a form of property right. But it's not like a piece of real estate or a new car: you have to use it. If you don't use it?usually over a long period of time?you can lose it.
A: The federal Montana Water Rights Protection Act (MWRPA) authorizes and confirms the water rights settlement entered into by the United States, the State of Montana, and the Confederated Salish and Kootenai Tribes of the Flathead Reservation of Montana (CSKT Compact).
In the U.S., surface water sources are generally considered public property and cannot be owned by any specific individual or group. Groundwater, meanwhile, can be either publicly or privately owned.
The State of Montana owns the waters within the state on behalf of its citizens. Citizens do not own the water but can possess a legal right to use the water within state guidelines. By law, a recorded water right is required for the majority of water uses to be valid, legal, and defensible against other water users.
The State of Montana owns the waters within the state on behalf of its citizens. Citizens do not own the water, but can possess a legal right to use the water within state guidelines. By law, a recorded water right is required for the majority of water uses to be valid, legal, and defensible against other water users.
Anyone planning a new or expanded development for a beneficial use of water from surface water or groundwater after June 30, 1973, must obtain a Beneficial Water Use Permit (Form 600) to appropriate water or file a Notice of Completion of Ground Water Development (Form 602) to get a Certificate of Water Right.
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.
Groundwater permit exceptions A person is not required to apply for a permit to develop a groundwater well, spring, pit, or pond with a use of 35 gallons per minute or less, not to exceed 10 acre-feet per year (Section 85-2-306, MCA). The first step is to drill the well, develop the spring, or dig the pit or pond.
Anyone planning a new or expanded development for a beneficial use of water from surface water or groundwater after June 30, 1973, must obtain a Beneficial Water Use Permit (Form 600) to appropriate water or file a Notice of Completion of Ground Water Development (Form 602) to get a Certificate of Water Right.
Groundwater permit exceptions A person is not required to apply for a permit to develop a groundwater well, spring, pit, or pond with a use of 35 gallons per minute or less, not to exceed 10 acre-feet per year (Section 85-2-306, MCA). The first step is to drill the well, develop the spring, or dig the pit or pond.