Montana Obligatory Well

State:
Multi-State
Control #:
US-OG-710
Format:
Word; 
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Description

This is a provision for an Operating Agreement that concerns the Assignment of rights to an obligatory well. It provides the assignment options if any proposed operations are necessary to maintain a Lease covered by the Agreement in force or an agreement to earn a lease(s) which would otherwise expire unless operations are conducted.

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FAQ

Exempt Wells: A bum deal for Montana's rivers. For many years in Montana, small individual wells have been exempt from any regulatory oversight. The law originally intended permit-exempt wells to be used on an individual basis, trusting that a single well would not have many negative impacts on nearby water users.

Drilling a Water Well for household use will usually range from about 100 feet to 500 feet deep, but... When drilling a new well for your home or business, the depth of the well depends on the geology and underground water levels of the area.

Most ranchers and farmers depend on wells in the alluvium or in the bedrock aquifers of Tertiary or Cretaceous age for their domestic supplies and for most stock water. Domestic or stock wells exceed 1,200 feet (370 m) in depth in east-central Montana, but elsewhere wells more than 300 feet (90 m) deep are uncommon.

How much does a well and septic system cost? Drilling a well costs anywhere from $25 to $29 per foot. Throw in another couple of thousand to cover the pump and pressure tank. A standard gravity-flow septic system will usually run between $3,500 and $5,000, and engineered septic systems can go up to $7,000.

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.

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.

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.

Most ranchers and farmers depend on wells in the alluvium or in the bedrock aquifers of Tertiary or Cretaceous age for their domestic supplies and for most stock water. Domestic or stock wells exceed 1,200 feet (370 m) in depth in east-central Montana, but elsewhere wells more than 300 feet (90 m) deep are uncommon.

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Montana Obligatory Well