Water Rights Attorney in Bozeman, Montana
Water law, water rights transfers and acquisitions, permitting, and adjudication services in Montana.
Water rights are one of the most complex and consequential areas of property law in Montana. KLH Advisors is a water law attorney representing landowners, ranchers, real estate developers, municipalities, and energy companies on water rights transfers, acquisitions, permitting, adjudication, and compliance across the state.
Whether you’re purchasing property and need to understand what water rights come with it, protecting existing water rights through adjudication, or navigating the permitting process for a new appropriation, our water rights lawyers provide clear guidance tailored to your situation.
What Is Water Law in Montana?
Montana follows the prior appropriation doctrine, meaning water rights are based on a “first in time, first in right” priority determined by when a water source was first put to beneficial use.
Today, there are senior and junior water rights holders and geographic limitations on new appropriations.
Water rights govern what water can be used for, how much, and for what purpose. Key elements include the source, the purpose, the place of diversion, the place of use, the period of use, and the amount of water used.
Surface water rights claim the right to use water from a surface source such as a river, creek, pond, or undeveloped spring.
Groundwater rights claim the right to use water from a groundwater source, such as a well or developed spring.
Real Estate and Development Water Rights
Securing sufficient water is essential to real estate development and subdivision planning. As your water rights transfer and acquisition lawyer, we guide you through the due diligence for a property purchase to determine whether water rights are available and ensure any available rights are properly transferred.
If existing water rights are unavailable, we help you navigate other options, including water leasing and use agreements, as well as the new appropriation or change process with the Department of Natural Resources and Conservation (DNRC).
Agricultural Water Rights
Every farm and ranch operation needs sufficient water resources for irrigation and stock water.
Nearly all existing irrigation water rights will go through the adjudication process with the Montana Water Court, and a water rights attorney can provide strategic representation to navigate that process and protect your existing rights.
We also guide agricultural clients through the permitting or change application process with the DNRC for new stock water appropriations or changes to existing rights.
Instream Flow and Conservation Water Rights
Montana recognizes the importance of protecting its water resources and the fisheries that rely upon them through instream flow rights.
If you have existing surface water rights and are interested in utilizing those for conservation purposes, we can explain the different avenues available, including change applications and water rights leasing.
Water Rights Adjudication and the Montana Water Court
The Montana Water Court oversees the statewide adjudication of pre-1973 water rights, a process that affects thousands of water users across the state.
Our team represents water rights claimants in adjudication proceedings, helping clients document and defend their existing water rights.
KLH attorney Clare Ols clerked for the Chief Water Judge of the Montana Water Court and assisted Water Masters in adjudication proceedings.
That firsthand experience with how the Court evaluates claims gives our clients a practical advantage in the adjudication process.
Water Law Services
Our water law attorneys handle the full range of water rights legal matters in Montana, from initial due diligence through permitting, adjudication, and ongoing compliance.
We handle transfers, acquisitions, and purchase agreements; new appropriations, permits, and change applications with the DNRC; adjudication proceedings before the Montana Water Court; exempt well and groundwater matters, including DNRC filing requirements; and water use and lease agreements.
We also advise on water issues involving local and state governments and other water users.
KLH Advisors is a professional listed with the Western Water Market Network.
Related water rights legal services include:
Protect Your Water Rights
Schedule a consultation with a water rights lawyer at KLH Advisors to discuss your water rights transfer, adjudication, permitting, or property purchase in Bozeman or elsewhere in Montana.
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If the property includes water rights or if you’ll need water for development, irrigation, or domestic use, having a Bozeman water lawyer review the water rights situation before you close protects you from inheriting problems.
Water rights don’t always transfer automatically with the land, and some properties may have rights that are incomplete, disputed, or insufficient for your intended use.
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Montana is in the process of adjudicating all pre-1973 water rights through the Montana Water Court. If you hold an existing water right, you may need to file a claim, respond to objections, or defend your right in court proceedings.
The process determines the priority, amount, and conditions of your water right going forward.
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Water rights can be bought, sold, or leased separately from the land. A transfer typically requires a change application with the DNRC, which reviews whether the transfer will adversely affect other water users.
Transfers involve legal and technical analysis, and having an attorney involved helps ensure the application is complete and positions your transfer for approval.
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Yes, through the DNRC permitting process. New appropriations are subject to availability and must demonstrate beneficial use without adversely affecting existing water rights holders.
The application process can be complex, particularly in areas where water resources are already fully or over-appropriated.
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An exempt well is a groundwater well that meets certain criteria, allowing it to be developed without a full water rights permit. There are specific DNRC filing requirements and use limitations, including volume and flow rate restrictions.
Understanding whether your well qualifies as exempt and what the filing obligations are is important before you begin development.
Water Rights FAQs
Have more questions about water rights and water law in Montana?