Montana Property Agreement With Water

State:
Montana
Control #:
MT-01715-AZ
Format:
Word; 
Rich Text
Instant download

Description

This Amendment to Postnuptial Property Agreement form is for use by parties to make amendments or additions to an existing postnuptial agreement. Both parties are required to sign the amendment in the presence of a notary public.
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FAQ

It may be possible to find and purchase additional water rights with the basin. According to West Water Research, there's been limited trading activity in Montana in the 2010s, with prices averaging $10 to $25 per acre-foot.

A water right is a property right to use (but not own) water in Montana, as affirmed by the Montana Constitution, the Montana Supreme Court, and by State law. Because it is a property right, a water right can be sold, leased, and/or severed from the property where it has historically been put to beneficial use.

Because Montana waters belong to the state, water rights holders do not own the water itself. Instead, they possess a right to use the water, within state guidelines.

Water Rights Defined Like most western states, Montana governs water resources under the prior appropriation doctrine. Under this doctrine, a water user must have a water right to appropriate water from a stream or groundwater source. For the water right to be valid, it must be used for a beneficial purpose.

A water right is a property right to use (but not own) water in Montana, as affirmed by the Montana Constitution, the Montana Supreme Court, and by State law. Because it is a property right, a water right can be sold, leased, and/or severed from the property where it has historically been put to beneficial use.

More info

Summary of H.R.5009 - 108th Congress (2003-2004): Montana Water Contracts Extension Act of 2004. We currently have 15 agreements through our Instream Flow Restoration Program that have restored a total of 54.

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Montana Property Agreement With Water