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H. Montana Water Use Act
(Water Right Permit and Change Authorization)
Who Must Apply
Any person, agency, or governmental entity intending to acquire new or additional water rights or change an existing water right in the state.
Activities Requiring a Permit
General Rule – A person must obtain a beneficial water use permit before commencing to construct new or additional diversion, withdrawal, impoundment, or distribution works for appropriation of groundwater over 35 gallons per minute or 10 acre feet per year and for any surface water.
Exceptions – Groundwater appropriations of 35 gallons per minute or less and 10 acre feet or less must first be appropriated and put to use before a water right is issued. Stockwater impoundments of less than 15 acre feet may be constructed first and then a form filed upon completion.
Types of Water Rights
Provisional Permit – Grants the use of water for a specific amount and purpose.
Certificate of Water Right – Issued on groundwater appropriations of 35 gallons per minute or less and 10 acre feet or less.
Replacement Well – Issued when an existing well fails and a new well is constructed to replace it. The priority date of the old well is retained.
Authorization to Change – Allows an appropriator with a recognized water right to change the place of use, point of diversion, purpose of use, or place of storage and maintain the priority date of the initial water right.
Temporary Change: Allows an appropriator to change the water right temporarily for a period of up to 10 years, with a possible renewal of not more than 10 years. No authorization is required for the water right to revert to the original purpose, point of diversion, place of use, or place of storage after the term expires.
Instream Flow – Allows water that is diverted for consumptive uses to be transferred temporarily (up to 30 years) to an instream use. All or part of the water right can be leased to the Montana Department of Fish, Wildlife and Parks, leased to another party interested in holding the right for a fishery, or converted to an instream use without a lease.
Purposes of the Law
• To provide a permit and certificate system of water rights administration similar to systems used in other western states.
• To maintain a general adjudication of all existing water rights in the state.
• To implement a centralized record system.
Who Administers the Law
Water Rights Bureau, Department of Natural Resources and Conservation.
Application Procedure/Timeline
Water right application forms are available at the eight Water Resources Regional Offices located in Billings, Bozeman, Glasgow, Havre, Helena, Kalispell, Lewistown, and Missoula. Forms, fee schedules, and related information are available on the web at www.dnrc.mt.gov/wrd/. Water right applications may take up to two years to complete.
For more information, contact:
Water Rights Bureau
Department of Natural Resources and Conservation
1424 Ninth Avenue
P.O. Box 201601
Helena, MT 59620-1601
(406) 444-6610
or
Local DNRC Water Resources Regional Office
