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| WATER
RIGHTS Water Management | Watersheds | Water Quality | Water Rights | Wetlands | Ground Water | Aquatic Life | Stormwater | Buffers |
| Water rights in Montana are
guided by the prior appropriation doctrine, that is, first in time is first in right. A person’s right to
use a specific quantity of water depends on when the use of water began.
The first person to use water from a source established the first right,
the second person could establish a right to the water that was left,
and so on. During dry years, the person with the first right has the first
chance to use the available water to fulfill that right. The holder of
the second right has the next chance. Water users are limited to the amount
of water that can be beneficially used. In Montana, the term “beneficial
use” means, generally, a use of water for the benefit of the appropriator,
other persons, or the public, including but not limited to agricultural
(including stock water), domestic, fish and wildlife, industrial, irrigation,
mining, municipal, power, and recreational uses. [Excerpt from "Water Rights in Montana"- February 2006 by DNRC, Legislative Environmental
Quality Council and Montana Water Center.}
LINKS For more resources on water rights, see these sites: Montana Water Rights Montana Water Policy and Legislation Water Rights in Montana - 2006 |
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