Montana Water Rights Basics for Stevensville Acreage Buyers

Shopping for acreage near Stevensville and eyeing that ditch, spring, or well? In Montana, water can be the most valuable part of the property. If you plan to irrigate, run livestock, or rely on a private well, you need to know what you’re actually buying and what to verify before you close. This guide breaks down key terms, how water rights interact with title, what to request during due diligence, and the local Bitterroot Valley context so you can move forward with confidence. Let’s dive in.

How Montana water rights work

Prior appropriation and priority dates

Montana uses prior appropriation, often summed up as first in time, first in right. Each right has a priority date. Senior rights with older dates get water first in a shortage. Junior rights can be curtailed when supply is tight. Rights are also limited by the authorized amount, point of diversion, place of use, and season.

Beneficial use and purpose

Every right is tied to a specific beneficial use such as irrigation, stock water, or domestic. If you want to change the purpose or increase the amount, you usually need to apply for a change with the Montana DNRC. Some changes may also involve the Montana Water Court.

Surface water and groundwater

Surface water rights identify diversion points and places of use. Groundwater, including many wells, may require permits and follows similar priority rules. There are limited exemptions for small domestic or stock uses in some cases. Confirm current DNRC rules for any planned use.

Water rights are separate from land

A water right is a separate property interest. Owning land does not automatically convey the water right. The deed or recorded instruments must show the right or ditch shares are included. Always verify what is actually conveying with the sale.

Who manages records and decisions

The Montana DNRC maintains records, processes changes and transfers, and issues some well permits. The Montana Water Court adjudicates claims and issues decrees. Local ditch companies or irrigation districts often manage physical delivery, headgates, and assessments.

Stevensville and Bitterroot Valley basics

Common water sources on acreage

In the Stevensville area, many parcels use irrigation ditches supplied by the Bitterroot River and tributaries. You may also see springs, seeps, or small seasonal channels on foothill properties. Private wells are common for homes and livestock. Some older wells may not have complete documentation.

Ditches, shares, and season

Ditch-share ownership is common and can be appurtenant to land or held separately. Irrigation season typically runs spring to early fall, but actual dates depend on the decree for the right. Ditch bylaws and easements govern access, maintenance, and turnout use.

Adjudication and streamflow constraints

The Bitterroot Basin has a long history of adjudication. Some rights are decreed with formal abstracts, while others are older claims or private ditch-share interests. Parts of the basin also have instream flow designations or management constraints that can affect diversion timing.

What to request during due diligence

Title and deed language

Ask for the deed and any recorded instruments that expressly convey water rights, ditch shares, and related easements. Look for clear wording that shows what is included.

DNRC and Water Court records

Request DNRC water-right abstracts for any right claimed to serve the property. If a right is decreed, get the Water Court abstract and decree number. For wells, request the permit number if applicable and any well completion report or well log.

Ditch companies and assessments

Obtain share certificates, bylaws, and any minutes that show assessments, transfer rules, and maintenance obligations. Confirm delivery history and the turnout location that serves the parcel.

Wells, yield, and water quality

Ask for pump test data, measured yield, and lab results for bacteria, nitrates, arsenic, hardness, and any other parameters. Note well depth, casing, equipment, and overall condition.

Easements and access

Confirm recorded ditch easements, headgate access, and any shared infrastructure agreements. Verify who can access the ditch and who must maintain it.

Regulatory and enforcement items

Check for any pending DNRC change or transfer applications that affect the right. Ask about complaints, enforcement actions, or Water Commissioner directives in the area.

Questions to ask the seller

• Which water sources serve the property, and what documents support that?
• Which water rights or ditch shares convey with the sale? Can you provide abstracts and share certificates?
• Does the deed or a recorded instrument explicitly convey the rights or shares?
• Is the well permitted, and is there a well completion report? Do you have pump tests and water-quality results?
• What are the priority date, volume, and season of use for the rights?
• Are there outstanding ditch assessments, liens, or maintenance obligations?
• Are there easements or shared-use agreements for ditches or headgates?
• Has the right been through a change application, protest, or Water Court proceeding?
• Has the property faced shortages or curtailment in recent droughts? How was use managed?
• Are any portions of the land in floodplain, wetlands, or subject to stream-protection or instream flow restrictions?

Questions for your consultants

• Is the well capacity sufficient for your intended home, landscaping, stock, or pasture irrigation?
• Is the stated diversion point reachable, and can water be conveyed without violating the decree?
• If you plan to irrigate more acres or change use, what are the constraints and odds of approval?
• Are ditch shares appurtenant to the parcel or transferable separately, and how has the ditch company treated past transfers?

Pitfalls to avoid

• Assuming water comes with the land without a recorded conveyance.
• Confusing ditch shares with water rights or missing transfer restrictions and assessments.
• Relying on a junior right that may be curtailed in a drought year.
• Overlooking a point-of-diversion that sits off the parcel with no legal access.
• Buying with an unpermitted or undocumented well and no reliable yield data.
• Skipping water quality testing for shallow wells.
• Missing ongoing ditch maintenance costs tied to shares or benefiting parcels.
• Ignoring instream flows or other restrictions that limit diversions.
• Treating adjudication status as a formality when it can affect future certainty.

A smart sequence for buyers

1. Ask the seller for deed language, water-right abstracts, ditch-share certificates, and well logs early.
2. Order a title search that includes water-right conveyances, ditch liens, and easements.
3. Pull DNRC and Water Court abstracts for each claimed right. Confirm priority date, amount, season, and place of use.
4. Hire a local water-rights consultant or licensed well driller to evaluate yield, water quality, and infrastructure.
5. Contact the ditch company to confirm share status, assessments, transfer rules, and access to turnouts.
6. If you plan to change use or expand irrigation, consult DNRC about feasibility and timeline.
7. Build contingencies into the purchase agreement for water-right verification, well testing, and professional review.

Local resources to contact

• Montana DNRC for water-right records, change applications, and well permitting.
• Montana Water Court for adjudication decrees and abstracts.
• Ravalli County Clerk and Recorder for deeds, ditch-share transfers, easements, and plats.
• Ravalli County Planning for subdivision, setback, and floodplain information.
• Local ditch companies or irrigation districts for shares, bylaws, and delivery history.
• Bitterroot Conservation District for watershed information and irrigation efficiency programs.
• USGS for Bitterroot River gage data and seasonal flows.
• Montana Bureau of Mines and Geology for groundwater studies and well logs.

Final thoughts

In the Stevensville area, the right water setup can unlock the lifestyle you want. The wrong setup can create limits and surprise costs. If you confirm what conveys, test your well, and understand priority dates and ditch rules, you can buy with clarity and plan for long-term use.

If you are weighing two parcels or want a second set of eyes on a water-right package, reach out. With deep Bitterroot Valley experience and a network of local specialists, Stacie Roberts can help you evaluate options and move forward with confidence.

FAQs

What does prior appropriation mean in Montana?

• It is a first in time, first in right system where senior rights with older priority dates receive water before junior rights during shortages.

Do water rights automatically transfer with a Stevensville property?

• No. Water rights are a separate property interest and only convey if the deed or recorded instruments expressly include them or associated ditch shares.

How do I verify a private well on Ravalli County acreage?

• Request the well permit number if applicable, the well completion report or log, pump test data, and recent water-quality results, then have a local professional review them.

What is a ditch share in the Bitterroot Valley?

• It is an interest in a private ditch company that can govern delivery, maintenance, access, and assessments; shares may be appurtenant to the land or held separately.

Can I change a water right’s use on a Bitterroot parcel?

• Possibly, but most changes require a DNRC application and review, and some may involve the Water Court; feasibility depends on the right and local constraints.

What happens to junior rights in drought years near Stevensville?

• Junior rights can be curtailed when senior rights call for water, which may reduce or stop diversions until flows recover.