Montana is in the middle of a long-running statewide process to review and legally confirm water rights that existed before 1973. This is called the Montana Water Rights Adjudication. For users in basins 76L and 76LJ, the process is entering a phase where you may receive official notices or objections. Receiving an objection does not automatically mean you will lose your water right, but you will be required to participate in the Water Court adjudication to clarify your claim.

In 1973, Montana passed the Water Use Act to create a statewide administration system. While new uses require permits, thousands of pre-1973 rights remained unconfirmed. To address this, the Montana Water Court was created in 1979 to review over 240,000 historical claims and incorporate tribal and federally reserved water rights into the statewide system.

Basins 76L and 76LJ are two of the 85 water basins in Montana. They are the final basins in the state to receive a Preliminary Decree—an early court-issued version of water rights claims that allows people to review and raise concerns or objections before rights are finalized.

The Water Court examines: Priority date, Flow rate, Water volume, Place of use, Point of diversion, Ownership information, Type of use (irrigation, domestic, stock, etc.), Source of water, and whether the right has been abandoned through long-term nonuse.

An objection is a formal statement asking the court to review part of a claim. It does not automatically mean wrongdoing. Objections often involve technical issues like incorrect land descriptions, ownership updates, missing historical documents, or questions about overlapping water rights. It does NOT mean your water will be shut off or your property is being taken.

• Your water right is invalid
• Your water will be shut off
• Someone is taking your property
• You immediately need to go to court

Objections are part of the adjudication process. Through the adjudication process, you will have the opportunity to respond and participate in the resolution of any objection to your water right.

• The Confederated Salish and Kootenai Tribes and the federal government may file objections in order to protect tribal and federally reserved water rights connected to the CSKT Water Compact and the Flathead Indian Irrigation Project, or to state-based water rights that are owned by the CSKT.
• In some cases, objections are being filed because certain claims received a generic issue remark from the Water Court or DNRC stating that it is unclear whether the claim may overlap with tribal water rights under the CSKT Water Compact.
• In those cases, objections may be filed so the parties can participate in resolving the issue during adjudication.

After objections are filed:

1. The Water Court compiles all objections.
2. Claimants are notified that an objection was received.
3. A period opens for counter-objections.
4. Interested parties may file notices of intent to appear.
5. Cases may be grouped into subcases.
6. Settlement discussions may occur.
7. If unresolved, formal hearings may eventually occur.

Many cases are first routed toward settlement discussions before formal hearings.

If you receive an objection:

• Read it carefully
• Identify what part of the water right is being questioned
• Keep copies of all documents
• Watch for future notices and deadlines from the Water Court
• Consider reviewing your water right information online
• Seek legal or technical guidance if needed

Do not ignore official notices or deadlines from the Water Court.