Montana Surface - Unauthorized Use

State:
Multi-State
Control #:
US-OG-830
Format:
Word; 
Rich Text
Instant download

Description

This lease rider form may be used when you are involved in a lease transaction, and have made the decision to utilize the form of Oil and Gas Lease presented to you by the Lessee, and you want to include additional provisions to that Lease form to address specific concerns you may have, or place limitations on the rights granted the Lessee in the standard lease form.

How to fill out Surface - Unauthorized Use?

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FAQ

All water in British Columbia is owned by the Crown on behalf of the residents of the province. If you own land that contains or has access to surface water or groundwater, in most cases you must apply to the province for the right to use the water and pay an annual rental fee for that use.

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).

Priority Date The date used to determine senior and junior water rights. For a new permit applicant, it is the date the application is correctly filed. For vested water rights, the date of first beneficial use as determined by a court declaration.

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.

Montana water law is based on the prior appropriation doctrine: ?first in time is first in right.? Priority is determined by date of first use?the earlier the priority date, the more senior the right.

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Montana Surface - Unauthorized Use