YES!
New Appropriations of Water
The Montana Water Use Act of 1973 established a permit system for new uses of water. Any person planning a new or expanded development for a beneficial use of water from SURFACE WATER or ground water after June 30, 1973, must obtain a Permit to APPROPRIATE Water or file a Notice of Completion of Ground Water Development to get a Certificate of Water Right. The permit system is administered by the DNRC. Beneficial uses of water include domestic, stock, irrigation, lawn and garden, mining, municipal, industrial, commercial, agricultural spraying, fisheries, wildlife, and recreation.
Ground Water
Anyone who anticipates using more than 35 gallons a minute or 10 acre-feet a year of ground water is required to obtain a Permit to Appropriate Water before any development begins or water is used. A permit may be required to appropriate ground water in an area designated as a controlled GROUND WATER AREA, depending on the terms of the ground water area.
A person does not need to apply for a permit to develop a well or a ground water spring with an anticipated use of 35 gallons a minute or less, not to exceed 10 acre-feet a year. The first step is to drill the well or develop the spring. A Well Log Report, form 603, is completed by the driller and sent to the Bureau of Mines and Geology within 60 days. A copy is also given to the well owner. Within 60 days after the development is put to use, the owner must submit a Notice of Completion of Ground Water Development, form 602, along with a filing fee, to the DNRC. The priority date of the water right is the date that the DNRC receives the completed form 602. The DNRC will review the form to ensure that it is correct and complete. A person must have possessory interest in the property where the water right is put to
beneficial use or written notification 30 days prior to the intent to appropriate ground water.
Replacement Wells
If an existing well fails and a new well is constructed, a person can retain the priority date of the existing well. A form 634 can be filed if the new well meets the following requirements:
A. |
The old and new wells must be located outside the boundaries of a controlled ground water area, or they can be located within the boundaries of a controlled ground water area if the provisions of the order do not restrict the development of replacment wells. |
B. |
The existing well may no longer be used and must be abandoned. |
C. |
The flow rate and volume of water must be equal to or less than the amounts used from the old well and may not exceed 35 gallons a minute or 10 acre-feet per year. |
D. |
The old and new well must be from the same ground-water source. |
If these conditions are met, the DNRC can issue an Authorization to Change a Water Right.
Redundant Wells
When a public water supply system constructs a backup well, a form 635 can be filed if the backup well meets the following requirements:
A. |
The back-up well must withdraw water from the same ground water source as the original well(s). |
B. |
The back-up well must be required by a state or federal agency. |
The flow rate and volume of all wells, including backup wells, may not exceed the flow rate or volume authorized by the water rights for the public water supply system.
SPECIAL GROUND WATER CIRCUMSTANCES
Combined Appropriation
When a person or persons combines an appropriation of two or more wells or developed springs from the same source and uses more than 35 gallons a minute or 10 acre-feet a year, a Permit to Appropriate Water is required. A combined appropriation is defined as “an appropriation of water from the same source aquifer by two or more groundwater developments, that are physically manifold into the same system” (ARM 36.12.101(7)).
Appropriations over 3,000 Acre-Feet
A person proposing to appropriate more than 3,000 acre-feet of ground water a year must receive legislative approval for the specific appropriation. This law does not apply to appropriations for municipal use, public water supplies, or the irrigation of cropland owned and operated by the applicant.
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Reprinted from Water Rights in Montana, February 2006, Montana Department of Natural Resources and Conservation.
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