Montana Statewide Rule

Montana Water Use Act Governs Statewide Water Rights

Some RestrictionsApplies statewide across Montana (2026)

Montana's Water Use Act vests water rights administration with the Department of Natural Resources and Conservation. Cities cannot grant or override water rights, though local utilities may impose drought-related conservation rules on customers.

Key Facts

Statute: MCA Title 85, Ch. 2
Administered by: DNRC
Doctrine: Prior appropriation
Permit threshold: Over 35 GPM

Source: Montana Legislature

Full Breakdown

Title 85, Chapter 2 of the Montana Code Annotated establishes the prior appropriation doctrine and centralizes water rights with DNRC. All surface and groundwater diversions over 35 gallons per minute generally require a state water right permit. Municipalities operating water utilities can impose use restrictions on their customers under their service contracts, but cannot override existing water rights or compel non-customers to reduce use beyond DNRC orders. During drought, the Governor may declare conditions triggering DNRC enforcement. This statewide framework preempts local water-rights regulation.

Violations & Penalties

Unauthorized water diversion or use beyond a permitted right may result in DNRC enforcement actions, civil penalties, and forfeiture proceedings under MCA 85-2-114.

Frequently Asked Questions

Can my city impose lawn watering restrictions?

A municipal water utility can restrict its own customers' outdoor watering during shortages, but cannot override DNRC water rights or regulate users on private wells.

Do I need a state permit to use my well?

Wells under 35 gallons per minute and 10 acre-feet per year qualify for an exempt groundwater right requiring only a Notice of Completion filed with DNRC.

Sources

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.