In Montana, Water Rights are the rights to the “use” and only the “USE” of water and not ownership of the actual water itself. Water Rights are private property rights and may, or may not, automatically transfer with land.
All water in Montana is believed to be the property of the State of Montana for the use of the people of Montana according to the State Constitution. Since most Water Rights are still awaiting the eventual completion of an exhaustive state-wide adjudication process, the actual ownership of “Water Rights” in Montana may not be known for many years to come. The transfer of a Water Right is ultimately recorded with the Department of Natural Resources and Conservation (DNRC) in the State of Montana. This is normally accomplished through one of two methods: 1) by use of a Realty Transfer Certificate (RTC) signed by a Seller at closing and submitted to the Department of Revenue for forwarding to the DNRC, or 2) by direct submission of special transfer documents to the DNRC. In some circumstances, both may be necessary. The transfer of any Water Right may or may not guarantee the validity of that right until the adjudication process has been finally completed. The process of final formal adjudication has been in progress for several decades and may well take years or even decades more to produce “complete and finally adjudicated Water Rights”.
- Water Rights Disclosures, Recommendations & Acknowledgment (Request by Email)
- Water Rights Consumer Protection Recommendations (Request by Email)
- “Water Rights, Entitlements and/or Issues” Defined (Request by Email)