Montanans Given Chance to Secure Their Water Rights
By Amorette Allison, Miles City Star
Many property owners in Custer County and throughout Montana
received a letter in the mail recently from the Montana Department of Natural
Resources that had something to do
with water rights. The letter has
confused more than a few people.
The letter was sent to property owners throughout the state
who might have either an in-stream or groundwater right on their property. The letter is giving holders of water rights
an opportunity to formally file for that right if they have not done so
previously.
According to the state officials, if property owners know
that they have a water right and it was filed for at some time in the past,
they can ignore the letter. And if the
property has neither a stream nor a water well, the letter can also be
ignored.
State Rep. Brad Hamlett (D-Cascade), formerly a four-term
state senator, introduced a bill in the 2017 legislature with the short title
of “Revise laws for the filing of exempt water right claims.” That bill’s
passage is what led to the letter being sent.
Officials said that many property owners, especially if they
live in town and have city water, have no idea if they even have a water
right. Fortunately, DNRC has both an
online listing of water rights and a phone number – 406-444-0560- to call to
inquire. The agency has been receiving a
very high volume of calls.
That is one reason, said John Grassy, communications officer
of DNRC, that the deadline for the latest round of water filings is not until
June 30, 2019. “The two-year deadline
gives people a chance to do research,” he explained.
DNRC has posted a video and a “Frequency Asked Questions”
section on their website to explain what an exempt water right is, whether you
have one, and why you should fill out the form and mail them a fee. http://dnrc.mt.gov/news/hb-110-offers-chance-for-property-owners-to-file-claims-on-exempt-water-rights
Hamlett, the state lawmaker who sponsored the bill,
explained that water laws in Montana have a long and complicated history. “Our water rights are the history of Montana
and we want our history to be as accurate as possible.” For one thing, Hamlett
wants to make certain that every water right in Montana is filed and recorded
because the total amount of those water rights is important when determining
the downstream flow of the Missouri and Yellowstone rivers after they leave
Montana. If Montana has a certain amount
of claimed and dated water rights, those rights have priority over claims
downstream.
Another reason Hamlett wants the water rights updated is the
computer systems and programs have “greatly increased the efficiency of
filing.” With water rights dating back to the mid-1800s and major updates
having occurred in the 1970s and 1980s, there are a lot of paper files that
need to be updated to a modern format.
WATER RIGHTS
The DNRC handbook states that a water right belongs to the
land on which it is used. “When that
land is sold, the seller shall disclose on the realty transfer certificate
(RTC) at or before the closing, if any water rights associated with the
property will be transferred with the land (section 85-2-424, MCA). A fee must be paid at closing or upon
completion of the transfer.”
Determining if the property came with water rights may mean
finding the paperwork from when the property was purchased. Those papers may tell you if the water rights
for your property has already been filed.
In Montana, water right distribution follows the traditional
“first-in-time, first-in-right” philosophy.
So a user with an older, senior water right always takes preference over
the junior water right, even if that means the junior water-right holder
receives no water.
Since the form takes time to research and fill out and a
filing fee is required, many property owners may decide that it is not worth
filing rights on an abandoned well, particularly in communities with public
water systems, where many old wells have been capped and abandoned. However, some people in Miles City still use
wells, usually for lawns and gardens. In
older homes, those rights were probably filed for. If a water right is not filed and dated, that
right can be considered abandoned.
Most agricultural producers have an idea of their rights but
many in-town residents need to check into the issue as well and then Montana
will be ready for any 21st century water battles.
