The inside scope on Montana Water Laws and HB831

Water in the West: The State of Montana’s Hydro-Future

By Rep. JP Pomnichowski, Guest Writer, 10-01-07

Editor’s Note: As we all know in Montana, water is a precious resource, particularly in areas of rapid development and growth. The following column is written by one of the authors of House Bill 831, which assisted in closing water basins in areas that water availability closely matches water demand. She describes the history of water laws in Montana and how HB831 revised these laws in order to construct a viable future.

Montana epitomizes the West. It is a land of vast and open spaces, dramatic mountain ranges, blue-ribbon trout streams, wildlife habitat, ranches and Western towns, herds of livestock, mighty rolling rivers; it’s Big Sky Country. And it’s easy to forget the basis upon which Montana has built its success--its lifeblood, water.

In Montana, the crucial role of water has been tested by energy development, urban development, agriculture, wildlife and wildlife habitat, and recreation. Every feature of Montana is affected by water.

The state recognizes water rights for many beneficial uses, and water is so precious that our constitution declares that all waters of the state are the property of the state for the use of its people. We’ve recognized that water is precious since before the state’s inception, and there are laws against wasting water, the first passed in 1873. Water rights have been claimed in the region simply by putting water to beneficial use from the time when the area was a Territory, before statehood was granted in 1889.

With water rights sometimes a century old or older, Montana water law recognizes the first-come, first-served prioritization of water rights. It’s called the prior appropriation doctrine, which honors ‘first in time, first in right’ water claims.

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