Documentation key to protecting water rights

Many property owners have U.S. government documents stating that “water rights” came with land purchased in early 1900s. Some documents were signed by the president of the United States.

Montana’s constitution adopted in 1972 clarifies that State of Montana owns all water in the state and only the state can grant a water use right. To protect existing water rights, the constitution provided that pre-1973 water right claims were to be recognized. The 1979 legislature established the Montana Water Court to adjudicate – i.e. decide on the validity of pre-1973 water right claims.

In 1979, a Montana Supreme Court order required all persons claiming pre-1973 water rights to file claims with the Department of Natural Resources and Conservation (DNRC) by January 1982. Failure to file by January 1982 meant loss of a pre-1973 water right.

In 2015, the Water Court started adjudication procedures encompassing Flathead reservation. As a first step, the Water Court asked DNRC to examine all pre-1973 water right claims that had been filed with the DNRC by 1982. Over 12,000 property owners recently received letters listing issues raised by DNRC technical examiners on their claims.

We did not receive a DNRC letter because an earlier owner of our farm had failed to file a claim by 1982. We support the water compact with the Confederated Salish and Kootenai Tribes because it gives us confidence that our farm will have a right to project irrigation water. But I have talked to many opponents of the compact who believe that the Compact takes away a U.S. government guaranteed water right on their irrigation water.

If property owners believe they have a pre-1973 water right but did not receive a DNRC letter, they should contact immediately the DNRC office in Kalispell: 1-406-751-2241.

– Dick Erb, Charlo