Did You Receive a Notice from the Montana Water Court?
If you recently received a notice from the Montana Water Court, you are not alone. Across the state, property owners are being notified as part of Montana’s ongoing, statewide adjudication of water rights.
For many people, this mailing raises immediate questions: Is something wrong? Do I need to respond? Will this affect my property? Will I lose my water rights?
Receiving a notice does not automatically mean there is a problem. However, it does mean you should take the time to understand the notice and whether any action is required.
In most cases, the notice is part of the normal legal process to confirm and finalize water rights in all of Montana’s 85 hydrologic basins. Montana has been working basin by basin to examine, verify, and decree pre–July 1, 1973 water rights. This process ensures that all valid water rights are properly documented and legally recognized. Your notice likely relates to activity currently taking place in your basin, deadlines to file objections, and opportunities to attend public meetings—either in person or online. The Water Court’s public meetings are very informative and provide a helpful overview of the adjudication of your specific basin.
If you have water rights, it is also important to confirm that your contact information on record with the Montana Water Court and the Montana Department of Natural Resources and Conservation (DNRC) is correct. If the notice or water right abstract lists an old or incorrect address, you could miss future notices, including objection deadlines or hearing dates. Missing a deadline related to the adjudication can have serious consequences.
Do You Need to Take Action?
The first step is to determine whether your notice included a Water Right Abstract. This document summarizes the state’s record of your claimed water right, which generally includes the priority date, flow rate, volume, place of use, point of diversion, and purpose of use.
If no water right abstract is attached, you may not need to take immediate action. In many instances, this simply means your water rights are not currently at issue in this phase of the adjudication. If your water rights were first put to beneficial use after July 1, 1973, then they will likely not be subject to change, unless there are substantial changes to other water rights in your immediate area that were established before July 1, 1973. Still, it can be wise to have your water rights reviewed to ensure everything is accurate and that no deadlines are approaching that could affect you.
If an abstract was included, you should review it carefully. Even minor discrepancies—such as an incorrect legal description or flow rate—can create complications once the basin has a final decree. Water rights are property rights in Montana. Once the adjudication is finalized, corrections can become more difficult and costly. Confirm that your priority date reflects historical use, that your place of use matches your property, and that the listed details accurately represent how water has been used.
Another key question is whether you have grounds to object to any other water rights in your basin. During certain phases of adjudication, property owners have a limited window to file objections if another claim adversely affects your water use. These decisions should not be made lightly. Filing an objection without proper analysis can lead to unnecessary legal proceedings, but failing to object when necessary can jeopardize your rights.
Did You Receive an Objection to a Water Right?
If another party files an objection to your water right, you will be required to participate in the Montana Water Court process to resolve the objection. Failing to respond could result in modifications to your water right without your input. Because this process is technical and deadline-driven, early review is often the most cost-effective approach. Understanding your rights now allows you to plan strategically rather than reacting under pressure.
Worden Thane attorneys assist property owners throughout Montana with reviewing water right abstracts, evaluating potential objections, responding to objections, and representing clients in Montana Water Court proceedings. Whether you own agricultural land, a domestic well, or commercial property, your water rights may significantly impact your property’s value and use.
Authors: Elizabeth Erickson and Cory Patrick