Water Rights
Since the birth of the territory in 1864, Montana farmers, ranchers, and legislators have grappled with the issue of water rights. Since the 1870s the doctrine of “prior appropriation” has been the guiding principle in Montana water law, “first in time, first in right.” A lack of state administration of water rights plagued the state, permitting the over-appropriation of water from streams as well as countless courtroom battles. In the 1970s the Department of Natural Resources and Conservation was designated the state agency responsible for "adjudicating" conflicting rights. The process of adjudication continues today.
Featured Collection
| Collection Title |
Catalog Number |
Description |
Link |
Montana Carey Land Act Board records, 1903-1962
|
RS 32
|
The Montana Carey Land Act Board took over the land reclamation duties of the State Arid Land Grant Commission in 1903. Records consist of correspondence, minutes, irrigation project files, contracts, financial records, and printed material.
Finding aid available. Click on Catalog Record and then follow the link under Electronic Access.
|
Catalog Record
|
Montana State Engineer records, 1864-1964
|
RS 34
|
The Montana State Engineer was responsible for developing state water projects. Records include general correspondence, outgoing correspondence, and subject files on water rights. In addition there are organizational charts and job descriptions; biennial reports, and miscellaneous articles.
Finding aid available. Click on Catalog Record and then follow the link under Electronic Access.
|
Catalog Record |
Luppold Vs. Lewis, Et Al. records, 1890
|
SC 1309
|
Luppold vs. Lewis, et al. was heard in District Court, Meagher County, MT, between William Luppold and 35 defendants, including Len Lewis, over irrigation water rights on Luppold's ranch. Consists of a photocopy of a transcript of testimony.
|
Catalog Record |
Elmer "Sonny" Morigeau interview, 1989 July 31
|
OH 1239
|
Includes discussion of irrigation and water rights on the Flathead Reservation.
|
Catalog Record |
| Water Resources Survey |
S 333.91 M76E |
Historical information about water development and use, including detailed maps. Surveys completed by county. Many county surveys are available online.
|
Catalog Record |
Explore the topic further
This guide is only an introduction to water rights. To learn more, search our catalog using the search terms below or click the link for the Water Rights Resource List.
| Water rights |
Water use
|
Irrigation
|
Irrigation laws
|
| Water compact |
Water supply
|
Groundwater
|
Water - Law and legislation
|
| (Specific irrigation project) |
|
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