Time is running out to file objections to water rights on the main-stem and eastside of the Bitterroot River. The Montana Water Court has set a deadline of June 1, 2016 to receive objections to water rights.
Stream adjudication is under way in much of the Bitterroot Valley. On December 4, 2015, the Montana Water Court issued the Preliminary Decree for Basin 76-HA, which includes the 2,866 water rights in the main-stem and eastside of the Bitterroot River. “Basically, this means the Water Court is now adjudicating water rights in the Basin that date back to before July 1, 1973, also known as pre-1973 or existing water rights,” says Mac Smith, an attorney at the law firm of Doney Crowley in Helena focusing on water rights and other environmental issues. “The Court will be looking at issues like priority date, flow rate, place of use, and means of diversion, among other things.” Those with pre-1973 water rights in the Basin should have received a notice from the Water Court about this process.
The eastside of the Bitterroot valley contains the majority of the irrigable land in the valley; however, much of the land is irrigated with water from the Bitter Root Irrigation District and Lake Como on the west side of the river.
“The intermixture of water from several sources will make the adjudication of the water rights in Basin 76-HA particularly complex for the Water Court,” notes Jack Connors, also an attorney at Doney Crowley in Helena.
The objection process is an opportunity for water users to correct errors with their water rights. It is also an opportunity for people to object to other water rights in the Basin that do not accurately reflect the historic use of the water. Persons who have a concern with their own water rights claim or another’s claim should consider filing an objection before the deadline.
The adjudication will also involve the resolution of challenges from the Montana Department of Natural Resources and Conservation (DNRC). The DNRC has already noted issues with many users’ water rights in the Basin, such as an overstatement of the water used or the wrong legal description for the place of diversion or use. These DNRC challenges will be resolved by the Water Court during adjudication.
“It is important that people take a proactive approach to working with DNRC and the Water Court to resolve issues with their water rights,” said Smith. “The Water Court adjudication process can be tricky and if you do not take steps to defend your water rights, those water rights could be reduced or even lost.”
For further information, contact the Montana Water Court at (406) 586-4364.