water rights in montana

[historyfan]

Purple-
Are you talking about live running by water....or a water well for a household?

There are lots of times (annually) when junior (in filing dates) irrigators must let all water run by on watershed...their rights might only be applicable during excess high water time (heavy snow melt early in Spring).

As far as your livestock having rights to drinking any water running through your property, the answer is...ah, that depends.

Irrigating or removing (making ponds) etc does take an applicable water right on water going through your property. Technically all water belongs to State & has to be filed on.

[Montana Griz]

Originally Posted by Tuck's Dad

I have a well that produces 30gpm on my property, and don't expect to ever have an issue with water. I am not a rancher/farmer though, so my water usage is more typical of a suburban home and vegitable garden. I have enough land that I could drop a second well if need be, but don't see that in my future.

I have a river running near my property with access rights (but not water rights), so if I really needed drinking water in a pinch, I could obtain it, but I would be acting illegally.

.....Giardia???(river water)

[Tuck's Dad]

Originally Posted by Montana Griz

.....Giardia???(river water)

It would have to be treated, of course, but it exists.

[Reziac]

I seem to recall that if your well does more than 35GPM, you have to get some sort of special water right filing, it's there on the MT website someone linked.

North of the Teton River west of Fort Benton the ground water is undrinkable, so the ranchers get their house-cistern water from a filter unit installed right on the river. I have no idea who actually owns it but anyone can just drive up and fill their portable tank. Unless they've locked it since I was last up there (admittedly in ages past).

[mustanghavenrescue]

Ok so if I am purchasing property with no river or stream and I have to drop a well to provide water to my livestock and us, I need to make sure that I have a permit. Would the Real Estate Agent be aware of this issue?

[Redraven]

When we bought our mini-farm, we knew nothing about well registration. The Realtor did not mention well registration or water rights, although she DID make mention of the one-share water right (at $100 annually) to the irrigation ditch that came with the place, and the ditch company easement that was registered on the deed, and the utility easements that are on the deed.
However, after we had been in the place for about a year, the STATE started a program to update the well registry. It was discovered that the well on the property was still registered to the original owner that built the house when the farm was subdivided!
It is now registered in our names!
So, no, sadly enough, a realtor won't necessarily know about well water rights or registration.

[historyfan]

Originally Posted by mustanghavenrescue

Ok so if I am purchasing property with no river or stream and I have to drop a well to provide water to my livestock and us, I need to make sure that I have a permit. Would the Real Estate Agent be aware of this issue?

To use the river or stream you must have a water right. Water rights for wells for domestic use (your house) are filed after the are drilled & deemed successful. Small users typically have no problem getting a domestic well right. Although, in areas of heavy drilling where present water rights holders protest future draws from the aquifer, users may not be allowed new rights for wells.

Prior to signing any offer for a RURAL property, I suggest having your own real estate attorney write the buy/sell. Also purchasing tiltle insurance & having results a contingency, having a passing environmental phase one written as a contingency, a passing house inspection, a land survey contingency to ascertain property lines are where represented, having all decreed water rights ranked in seniority to others on that watershed (your 140" might be 1900 date right and all others 1880 rights--meaning you are dry unless it is flood), & irrigation shares of any water user group evaluated by a water rights attorney (sometimes within the law firm of real estate attorney). An attorney specializing in water rights is inexpensive and adequate water rights can be listed by you as a contingency on the buy/sell. You should also purchase title insurance prior to closing to be certain easements, water rights that are on the deed, and to find any liens etc that may be on the property. Also uou should get your own appraisal done based upon proven comparable sales.

Realtors might tell you this is not necessary. The RE agent wants your signature ASAP. If the purchase is more than you wish to gamble with, you should follow my suggestions. Unless you have a buyers agent who is independent from listing agent, you should be very cautious. Written statements by realtor can be used in litigation, verbal statements have no value.

You can also have weed surveys--cost to remediate, soil analysis--cost to amend, timber valuations--profit to log, range evaluation--cost to remediate, fencing status--cost to be usable, wildlife habitat, and a geological survey to determine whether it will or will not qualify for a conservation easement now or in the future (ex: if it has a deposit of coal it would not).

My experience is with buying and selling ranches and a couple dozen other rural properties. Learn from my mistakes, some were very costly.

[Threerun]

Originally Posted by historyfan

To use the river or stream you must have a water right. Water rights for wells for domestic use (your house) are filed after the are drilled & deemed successful. Small users typically have no problem getting a domestic well right. Although, in areas of heavy drilling where present water rights holders protest future draws from the aquifer, users may not be allowed new rights for wells.

That is an important note for new home buyers.