Your Water Rights & Statement of Claim

You may be one of the 350,000 Missoula residents who received a letter from the DNRC regarding filing a statement of claim for existing water right exemption. That’s all good and well, but a question on many residents’ minds is “What does it mean?”

I think the best way to approach this is from the beginning: What is a Water Right?

A water right allows you to legally use water for the purpose it was intended from a stream, lake, ground, or irrigation canal. You don’t own the water itself, but the right to use it. These laws were passed once it was realized that water had become a finite and limited resource and had to establish guidelines for the distribution of resources.

Do you have a water right?

You might! If you are currently withdrawing, diverting, or impounding the water source on your property and are putting it to beneficial use you may already have a water right in place. To search for your water rights or the water rights attached to your property you can visit the DNRC Water Right Query System HERE

Hopefully you have determined what a water right is, and if you have one. Now we can get to the Statement of Claim for Existing Water Right Exempt Domestic Use form and letter you received in the mail.

The Montana Legislature passed HB 110 regarding water rights requiring the Montana Department of Natural Resources (DNRC) to send notice to all landowners, irrespective of whether the legislation is relevant to their situation. By answering the following questions, you can determine if you need to file anything.

• Do you own a well or a developed spring? (Most residents within the city limits and subdivisions are on public water supply)
  • If Yes, continue to the next question.
  • If No, and you do NOT own livestock, no further action is needed
  • If No, and you own livestock, go to Question 4
• Was the well or developed spring put to use prior to July 1, 1973?
  • If Yes, go to Question 3
  • If No, no further action is needed.
• Is your well or developed spring used for stock or individual domestic purposes? (domestic use includes lawn and garden irrigation)
  • If Yes, you may complete an Exempt Statement of Claim for each purpose; This can be found HERE
  • If No, you may contact the DNRC to discuss your options for getting a valid water right.
• Were livestock (cows, horses, pigs, goats, etc.) watered directly from a creek, coulee, draw, river, etc.(but not ditch, canal or reservoir) located on your property prior to July 1, 1973?
  • If Yes, you may complete the Exempt Stockwater State of Claim form and submit to DNRC.
    • NOTE: to file this form, there cannot be a diversion by any means except the animal’s lips touching and drinking from the source. Dam, pit, pipeline, headgate, pump, etc. do not qualify as direct.
  • If No, no further action is needed.
  
  All of this information may leave you with even more questions. If that's the case, contact the DNRC to clear up anything you may not understand.