property

Water Rights (Montana)

Montana follows prior appropriation: among appropriators, 'first in time is first in right' (MCA 85-2-401). Water rights are administered by the Department of Natural Resources and Conservation (DNRC), and statewide adjudication runs through the Montana Water Court. Because water rights often pass with land, the realty transfer certificate must include a water rights disclosure stating whether water rights are associated with the property and whether they are being transferred.