Water Rights Attorney in Bozeman, Montana.
Your Guidance to Water Rights and Usage Law in Montana
What Is Water Rights Law?
Water rights secure a water user’s ability to legally protect and use water resources in the state of Montana
Montana, like other western states, follows the prior appropriation doctrine, which means that water rights are based upon a “first in time, first in right” priority determined by when the 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 control what water can be used, how much, and for what purpose.
Key elements are the source, the purpose, where the water is diverted, the place of use, the period of use, and the amount of water used
Explanation of surface water vs. groundwater rights:
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
Who Needs a Water Rights Attorney?
Property owners, farmers and ranchers, real estate developers, municipalities, utilities
Existing water rights holders and new water users
Real-world scenarios where legal help is essential:
Real estate purchases and subdivision development
Securing sufficient water is essential to real estate development and subdivision planning. A water rights attorney can guide you through the due diligence of a property purchase to understand whether water rights are available and to ensure any available rights are properly transferred. A water rights attorney can help you navigate other options, including water leasing and use agreements and the new appropriation or change process, if existing water rights are unavailable.
Agricultural water users protecting and utilizing irrigation and stock water rights
Every farm and ranch operation needs sufficient water resources. 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. A water rights attorney can guide you through the permitting or change application process with the Department of Natural Resources and Conservation for new stock water appropriations or changing existing rights.
Securing instream flow rights for conservation and fisheries habitat
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 exploring options to utilize those for conservation purposes, a water rights attorney can explain the different avenues to utilize existing water rights to protect instream flows, including change applications and water rights leasing.
Why Choose KLH Advisors for Water Rights Representation?
KLH Advisors represents landowners, energy and real estate developers, municipalities, and other water users in new appropriations permitting and change applications before the DNRC and water rights claimants in adjudication proceedings in the Montana Water Court.
Expertise in Water Rights, including an attorney, Clare Ols, who clerked for the Chief Water Judge of the Montana Water Court and assisted Water Masters in adjudication proceedings.
Professional listed with the Western Water Market Network
Our Water Law Services
Kelley Lewis & her team offer water law services in Montana including, but not limited to, the following areas:
Advising clients on water matters with the City and County governments, the State, and other water users
Guidance on new water rights appropriations, permits and change applications with the Department of Natural Resources and Conservation (“DNRC”)
Counsel clients on exempt well development and groundwater resources, including DNRC filing requirements and planning
Represent clients in adjudication proceedings for existing water rights in the Montana Water Court
Drafting water use agreements, lease agreements, and purchase agreements among water users
Learn more about how KLH Advisors can help with your water law needs by scheduling a consultation today.