Know your WATER
Know your RIGHTS
Stay up to date on the water right adjudication process in Montana
Have you received mail or official notices about water rights?
Don’t ignore them.
Under the Montana Water Use Act, the state is required to adjudicate all claims to the beneficial use of water made before July 1, 1973. The Montana Water Court is actively distributing notices in priority basins as it nears completion of the statewide review of these water rights claims.
If you aren’t sure what this means, you’re not alone. This page was developed as a resource to help you understand what’s happening and what it means for you.
Explore the interactive map* below (or open it in a separate window) to find your basin. You can search by address or click on individual basins to view their decree status, and access background documentation. Not sure what a Decree Status is? The definitions, recommended actions, and next steps for each status follow the map.
* The information shown on the interactive map reflects the most recent data available from the Montana Department of Natural Resources and Conservation (DNRC) and the Water Court. (Note: The latest DNRC map, which our map is partially based on, was published in February 2024.)
Decree Status Details
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Priority Status
Definition: Basins where the Water Court is actively working.
Action: Check Water Court Notices for important dates and meeting information. Carefully review your water rights portfolio and identify any issues or elements that may need attention before the Court.
Next Steps: See Water Court Notices for more information regarding your basin; determine if action should be taken regarding your or your neighbors’ water rights.
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Summary Report Issued
Definition: The Montana Department of Natural Resources and Conservation (DNRC) has completed examination of water rights claims in a basin and submitted a report of their findings to the Water Court. In addition to summarizing elements or parameters of each water right claim in a basin, a summary report identifies issues (via issue remarks) needing attention by the Water Court and claimants.
Action: Stand by for pending Water Court actions and deadlines.
Next Steps: Entry into a new decree stage by the Water Court; initiation of objection periods.
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Temporary Preliminary Decree Issued
Definition: A decree issued in advance of a Preliminary Decree, typically in basins with unresolved federal reserved and/or compact rights, including tribal compacts.
Action: Stand by for Water Court updates regarding the next decree stage.
Next Steps: Preliminary Decree issuance by the Water Court
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Preliminary Decree Issued
Definition: The preliminary Water Court determination of existing water rights within a basin or subbasin with concluded compacts or no federal or tribal reserved water rights; precedes the Final Decree.
Action: Review your water right abstracts, and check for pending Water Court actions and/or deadlines.
Next Steps: Final Decree issuance (or reexamination/interlocutory decrees where needed).
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Reexamination Preliminary Decree Issued
Definition: Water Court decree containing a limited examination of water right claims in Temporary Preliminary and Preliminary Decrees generally issued before 1997.
Action: Review your water right abstracts, and check for pending Water Court actions and/or deadlines.
Next Steps: Interlocutory or Final Decree issuance.
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Interlocutory Preliminary Decree Issued
Definition: A Water Court decree limited to exempt (domestic and stock) and late-filed (1982-1996) claims that were not included in a previous decree for the basin; a judgment that does not settle all issues in a case.
Action: Review your water right abstracts, and check for pending Water Court actions and/or deadlines.
Next Steps: Final Decree issuance.
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Final Decree
Definition: The final Water Court determination of existing water rights within a basin or subbasin, as described in §85-2-234, MCA.
Action: N/A
Next Steps: None – water rights adjudication is complete in your basin.
Every landowner, business, and municipality knows the importance of having a reliable and legal supply of water. Whether you are using a well, a surface water system, or sharing a water system with your neighbor, it’s vital that you understand your water rights.
What are your legal rights?
How much water are you entitled to?
What happens if there is a discrepancy between what you are doing and what your water right authorization allows?
Montana has been working for over 40 years to clarify these questions. Under the Montana Water Use Act, the state is required to adjudicate all claims to the beneficial use of water made before July 1, 1973.
This work is led by the Montana Water Court (Water Court), which has exclusive jurisdiction over pre-1973 claims. They are reviewing over 218,000 claims across the state’s 85 hydrologic basins.
The Water Court determines the validity and parameters of these historical claims—including whether a water right has been abandoned through nonuse. Final Decrees are necessary to provide legal certainty for water users and ensure fair distribution. While most basins have made significant progress, Final Decrees have not yet been issued statewide.
Two other state entities play critical roles in this process:
The Montana Department of Natural Resources and Conservation (DNRC) manages post-1973 water uses, including new permits, exempt wells, changes to existing rights, and ownership transfers.
District Courts enforce water rights and resolve disputes, often appointing water commissioners to ensure that right holders receive the water they’re entitled to.
History and Overview
Helpful Resources
Water Court Links
DNRC Links
Other Resources
Key Questions
What Is an Adjudication?
Adjudication is a legal process that results in a binding court decree and a complete inventory of valid water rights. In Montana, the Water Court, with support from DNRC, is reviewing all historical (pre–July 1, 1973) water use claims to confirm their legitimacy and define each right based on its actual historical use.
Think of it as a lawsuit involving every water user on a particular source. The goal is to bring legal clarity to who is entitled to what water—and under what conditions.
How Does the Montana Water Court Work? | MontanaCourtRecords.us
Who Is Affected?
Any water user in Montana may be affected by adjudication, including holders of post-1973 permits and exempt well certificates.
If you have a timely filed pre-1973 claim, this may be your only chance to confirm, correct, or protect your senior water rights—so it’s crucial to stay informed as your basin moves through the adjudication process.
What Should Water Right Holders Know?
The Jargon
Montana water rights adjudication comes with a lot of technical and legal language that can be confusing, even for experienced water users. Understanding the language helps you make informed decisions. (See key definitions)
Water Right Abstracts
Each Montana water right has a general abstract summarizing key information: ownership, priority date, source, flow rate, volume, and location. Abstracts can be found and printed using the DNRC’s online Water Rights Query System.
Issue Remarks
DNRC may flag errors or uncertainties in a claim by adding issue remarks to the abstract. These appear at the bottom of the document and must be resolved by the Water Court before a Final Decree can be issued. Some remarks are minor; others could impact the validity or scope of your right.
Objections
During the decree phase, the Water Court opens a formal objection period. Anyone can object to any claim in the basin—including their own—if they believe it misrepresents the legal use. A counter-objection period follows, allowing further response and review.
Your Rights
Before or during the objection period, review all your claims carefully. Make sure your actual use matches what’s in the record. Any post-1973 changes (like different points of diversion or uses) must be authorized by DNRC to stay in compliance.
About Aspect Consulting
Aspect is a water rights and water resources consulting firm with over 20 years of experience securing favorable water rights decisions for our clients throughout the western U.S. We help our clients buy and sell water, create water banks, negotiate purchase and sale agreements, and develop and permit water supplies.
In late 2023, Aspect joined Geosyntec Consultants. Founded in 1983, Geosyntec is a practitioner-led engineering firm with a robust water rights, hydrogeology, environmental, and infrastructure background. Geosyntec supports clients throughout the western U.S.—including Washington, Oregon, Alaska, California, Idaho, and Montana—with water rights due diligence, permitting, adjudication, and water availability assessments.
Together, our team has over 30 years of expertise in Montana water rights administration, Water Court adjudications and DNRC regulations, and includes former Montana agency employees with deep regulatory knowledge.
How We Help
It is important that you act within the Water Court’s tight time frame to protect your assets and maintain your position relative to other water right holders within the basin.
We’ve identified the following services that include areas of water rights portfolio management that often require the most comprehensive support.
Adjudication and Water Right Claim Consultation
Aspect staff are available to help you understand the Water Court adjudication process, prepare responses to Water Court notices, and connect you with experienced attorneys should there be a need for formal legal advice.
Water Rights Due Diligence
Whether you are a new landowner or a long-term resident, a thorough review and assessment of your water rights portfolio could bring to light potential errors and/or inform opportunities for maximizing value.
Water Right Permitting (new beneficial uses of water)
The options available for new water right permitting are dependent on your location in Montana. If you are interested in potentially establishing new water rights for your property, Aspect can assist you in determining the best path forward based on your site-specific options.
Water Right Changes
Receiving DNRC authorization to change your water right can be one of the most challenging regulatory endeavors related to water management. Aspect’s Montana team has extensive experience with the often complex analyses involved in a change application package.
Water Right Transfers
Aspect staff are available to facilitate and submit water right transfers (DNRC ownership updates), water right splits, and severances.
Well Rehabilitation, Design, and Supply Development
We have decades of experience with siting, designing, rehabilitating, and developing groundwater sources.
Our Local Team
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Bryan Gartland
SENIOR SCIENTIST
Water rights specialist with over 15 years of experience in Montana water rights administration. Previously worked for the Montana Department of Natural Resources and Conservation (DNRC) as an adjudication specialist supporting the Water Court, in addition to eight years of service as the DNRC Helena Regional Manager.
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Adam Perine
SENIOR HYDROGEOLOGIST
Hydrogeologist with over 25 years of experience specializing in groundwater investigations, water rights, and public water supply development in Montana. Successfully navigates the water rights process, preparing hydrogeologic assessments, mitigation plans, and water rights applications, leading to approvals from Montana DNRC.
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Jared Bean
PROJECT HYDROGEOLOGIST
Hydrogeologist and project manager with 12 years of experience navigating water rights change applications for public and private clients. Specializes in water rights, well design and construction oversight, hydraulic testing and analysis, and field program design and management.
Contact Us
Interested in learning more about what the adjudication means for you?
Contact us using the form (or email/phone) below.
bryan.gartland@aspectconsulting.com
406.599.7840