Most of us have heard the ‘first in time, first in right’ slogan when someone refers to water rights and water usage in Montana. With the increasing demand for water for both business and domestic purposes, now may be a good time to review water rights and what it all means to rural folks who depend on well water.
“The system of water rights goes way back,” says Denise Biggar, unit manager at the DNRC Glasgow unit office. “Montana is a Prior Appropriation state, as are most of the western states. Under this doctrine, a person must have a water right to appropriate water from a stream or other source. This doctrine originated to accommodate the irrigation and mining needs, and people with the earliest seniority get the first use of water. This protects water users and ensures that people or entities are not illegally taking water.”
Those with water rights must use water in a beneficial manner, which includes such usage as irrigation, stock watering, and domestic use. “Each right carries a priority date based on first use,” Biggar comments. “Beneficial use and priority of the right are two key attributes of a water right acquired under the Prior Appropriation Doctrine. A water right is the right to use the water; it is not an ownership in the water itself. Water rights in Montana are property rights and water users cannot be deprived of their property.”
She continues, “Under the Prior Appropriation Doctrine, water can be appropriated for nearly any beneficial use, which would include irrigation, yard and garden use, recreation, and many others. A water right can also be appropriated from almost any source of water, including surface water flowing in streams, ground water, seepage, drainage, and floodwater. If someone cannot use the water beneficially, one cannot exercise his or her water rights.”
Water rights have limitations, depending on what type of use a person makes of the water and is limited to the amount of water reasonably needed for that particular use. For example, if a well is registered for yard and garden use, a person can only use a specified amount of water and can only use it from May through October. A well registered for domestic use, however, can be used year round, but cannot exceed the amount of water allowed. “Water rights have specific limits,” Biggar comments. “These limits include volume and purpose. Look at your registration, and if you are using water outside the limits, or using the water for a different purpose, you need to file for a change or file for new water rights.”
She adds, “If we receive a written complaint that there is a suspected use of water that is not recorded, we will investigate.”
People with wells or who drill new wells need to record these wells with the Glasgow DNRC office in order to obtain and protect water rights. This process ensures that no one can drill a well any place they choose, suck out the water, and walk away. Water rights prevents this scenario from occurring. If someone or some entity uses more acre feet than allowed and drains the surrounding wells, water rights users can take action. “People have to record their wells with the DNRC in order to obtain their rights,” Biggar comments. “Make sure you have your water rights in place to protect yourself. If you don’t have water rights recorded at the DNRC office, you have no rights, and you have no recourse should something or someone adversely affect your well.”
Water will increasingly become an important issue in years to come. People can check with the DNRC to make sure their individual water wells are recorded.
People with water rights questions can contact their local Conservation District or the DNRC for further information.
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