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Deer Hunting in Montana

Deer hunting in Montana can be for either Whitetail or Muleys. While there are some areas where you might find both species together normally you are looking for different terrain to hunt whitetails from muleys.

Whitetails in Montana are viewed as more of a nuisance by most Montana residents. Farmers and ranchers definitely view them as a nuisance most times. These will be bigger body deer that grow thick antlers but a score in the 160s is high for Montana whitetails. Due to usually being located in riparian land along creeks, streams and rivers adjacent to cropland you will have the opportunity to see numerous deer feeding in the fields. It is not uncommon to see a hundred deer in a field at dusk or dawn.

Whitetails are going to stick close to that riparian land due to the cover, water and cropland forage. This means up and personal close range shots whether archery or rifle. Whitetails are likely going to be a general over the counter type license that is readily available for residents and non residents. Deer hunting in Montana for whitetails offers ample opportunities for both private and public land. If you are willing to knock on enough doors you have a decent chance of hunting private land. You just have to find the right farmer or rancher that is tired of feeding the nuisance whitetails.

Mule deer have a niche following in deer hunting in Montana. While numbers are down from several years back the muley is starting to make a good recovery in many parts of the state. You can find muleys in high altitude forests and meadows or you can find them in the sagebrush coulees of Eastern Montana. The really good bucks are going to be in the hard to get to spots unless it is rut. That is when they let their guards down and can be caught in easier to hunt spots. Sometimes mixed in with elk but normally they are in rough country and not mixed with elk or whitetail.

Muleys are noted for their distinctive hop. Good bucks will go 180-200 score and antlers will be wide. There are not as many mule deer hunters as whitetail hunters in the world. Most of that is due to location and the number of whitetails vs muleys. Part of that is the mule deer has somewhat of a bad rap for not tasting that good. Not always true. Another reason is you normally have to be a much hardier hunter to hunt muleys in higher altitude or much more walking and stalking.

Deer hunting in Montana has a lot to offer with both mule deer and whitetail. It is a great place to archery hunt. If you are mule deer hunting in high country I would suggest carrying bear spray. Very unlikely to ever use it but it is your best bet for that one in a million chance of a bear charge.

If you want to read about more big game hunting in Montana read about Alpine hunting in Montana.

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Bighorn Sheep Hunting in Montana

Bighorn Sheep Hunting in Montana is a coveted tag to draw. Before we start talking about hunting Bighorns let’s do some background work on Montana Bighorns. There are 5700 bighorn sheep in 45 distinct populations spread throughout the state. They inhabit 3.7 million acres in the state. There are 40 Bighorn hunting districts. Eight are currently closed and 5 are unlimited. The state awarded less than 200 ram tags last year so for most districts it is like finding a needle in a haystack.

The unlimited district needs some explaining. Unlimited Bighorn hunting districts can sell an unlimited number of tags. The district then has a quota of animals that can be harvested. The quota is usually 2-3 bighorn rams. Once the quota is filled the district is closed. Needless to say that makes for some fast and furious hunting once the bighorn season starts. Hunters usually come several days in advance of the season opening and spotting is done endlessly to find and locate the bighorns. If spotted this leads to a race to the animals. If they are still there. So, you better be in great shape if you are doing unlimited because it is either a race to the game at the beginning or days of long hikes locating the bighorn if they aren’t spotted.

Bighorn Sheep hunting in Montana has grown and hopefully will continue to grow in coming years. The state is transplanting populations of bighorns into other areas. They take from areas with good numbers and will relocate to other areas that have good habitat and are not located close to domestic sheep or goats. Bighorns can be very susceptible to disease and large dieoffs. Many of these diseases happen when the bighorns come close to the domestic sheep or goats.

The FWP is trying hard to protect and expand bighorn populations with bighorn sheep hunting in Montana partially in their thoughts. All certainly want a healthy population of bighorns to see and view and the FWP has done a good job of balancing with those ideas in mind. A bighorn is legal if the horn extends past an imaginary straight line from the front base of the horn going through any portion of the eye.

In dealing with landowners one of the biggest gripes I have heard is that FWP gives no landowner preference in the draw yet these landowners are feeding these animals through crops and their land. FWP can also come in and trap “excess” bighorns for relocation off private property. There is a rumor that FWP is trying to remedy this over time in some way. Landowners can charge trespassing fees for bighorn tag drawers and that can be nice fees.

One thing you need to know is if you draw a tag in one of the districts or kill a ram in one of the unlimited districts you have a 7 year hiatus from being drawn again. This makes for some hard decisions sometimes on taking legal bighorn rams that may not be the trophy of a lifetime. A bird in the hand is worth two in the bush and it boils down to what meets your trophy status. Montana hunting is varied and if you want guaranteed or high draw possibilities other species offer that. If you want to read about other possibilities read about Alpine Hunting in Montana click on the link.

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Grouse Hunting in Montana

  Pheasants get all the love when it comes to upland bird hunting but in Montana there is great grouse hunting in Montana throughout the state. The main four are the blue grouse, ruffed grouse, sage grouse and sharptail grouse. You can read more about the differences in the Fieldguide. There isn’t a lot of competition for grouse hunting unless they are mixed in with pheasants but they are very tasty and aren’t always the smartest birds because at least up in the mountains they are not hunted that much.

The sage grouse is prevalent in eastern Montana and live in the more flatland sage country. The male sage grouse puffs up during mating season to impress the females. Males can be pretty tall at 20 inches and weigh up to 2 pounds. Very prevalent east of the Continental Divide and for the most part it is an Eastern Montana bird. There are exceptions to this but not a great deal.

The blue grouse also known as the Dusky grouse is the largest of the grouse family in Montana. The male also puffs up and struts for the females during mating season. Adult males can be as tall as 22-23 inches and can weigh up to 3 pounds. The blue grouse can be found in forests and conifer stands. They are not very heavily hunted and if you are a hardy hunter with a good bird dog they are easy to hunt in good population areas. The problem is they are in more mountainous territory so you have to be willing to climb up and down elevations.

Ruffed grouse are smaller and mostly found in western Montana. Ruffed grouse are found in dense forests and cover often along stream bottoms. Adults might spend their entire lives in less than 2 miles so if you can find a pocket it is very likely you can hunt them year after year as long as you don’t over harvest.

Sharptail grouse are medium size and during certain times of the year can be confused with a female pheasant. They are more open field birds that can get into shrub and coulee cover. They prefer to be close to grain fields which is the reason behind they are mixed in with pheasants and are confused partners. This means that they are hunted simultaneously with pheasants some times. They primarily use native grass as cover so it is important to have that tall grass near grain for great populations to be present.

Grouse hunting in Montana gives you multiple and great opportunities to hunt birds and many times they offer low crowd levels. Most people don’t come to Montana to hunt grouse. They come to hunt big game or pheasants. This gives the grouse hunter with a good bird dog an opportunity for some really good hunting.

So if you want a good opportunity for grouse hunting in Montana would be one of the top states. If you want to read about all upland bird hunting in Montana try clicking on this link.

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Montana Pheasant Hunting

Montana pheasant hunting is unknown to many pheasant hunters as a strong candidate when considering places to go hunt. Doesn’t bother those of us that hunt in Montana. The crowds can go to South and North Dakota and we will just have our great Montana pheasant hunting with less crowds. The forecast for pheasants statewide can be found here

The bottom line is numbers might be down from the last couple of years but those numbers were at record levels so the trend is still above average numbers of pheasants. This is a super general statement and depending on the region and or the specific land you will find great variance in Montana pheasant hunting numbers. The report does state that there has been new land entered into the Open Fields for Bird Hunters program. This gives you access to private land that has been entered in the program. Other states don’t have the mass of public land like Montana does to give a greater hunting opportunity for pheasants and other upland birds.

Three things help Montana pheasant hunting. Timely moisture in the spring and summer. Good cover for nesting and finally temperatures that are above freezing until chicks get old enough. If you give the birds these three things and limit predators they will thrive and multiply.

Not bad for a bird that is not native. Pheasants were originally brought over from China but were not successful until a hybrid ring neck was produced. The first successful introduction in the US was done in Oregon in 1881. They were introduced to Montana in 1905 and were successful around grain crops and other crop food sources. Dr Charles Thornton introduced them when he moved to Corvallis. By 1926 and several more successful introductions throughout the state the legislature voted and a season was created in 1928. Pheasants flight speed is 38-48 mph and they lay on average 10 eggs. There major predators while nesting are the fox, raccoon and skunk. Once they are grown the main predators are man, fox, hawk and owl.

Montana pheasant hunting weather can vary from shirt sleeves to brutal cold and large snowstorms. After all, it is Montana! You have to be prepared for quick weather changes both for hunters and dogs. It is not uncommon in the late season to have snowfalls in the 10 inch range. Makes for great hunting if you can get around.

If you haven’t been here before and are looking most of the state around crop fields and water will hold birds. Eastern Montana is known for great pheasants especially as you get closer to the Dakota borders. Central Montana can hold a lot of birds around Lewistown and don’t forget the area around Great Falls with good numbers of pheasant. All told Montana pheasant hunting is greatly underrated as is all upland bird hunting in Montana. If you want to read in general about Montana upland bird hunting click on the link. Pheasants are great game birds and make for great table fare. Montana pheasant hunting allows opportunities for guys that don’t enjoy big game hunting but enjoy watching dogs work and getting out and getting some exercise with friends.

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Big Game Alpine Hunting in Montana

Big Game Hunting in Alpine Montana Areas

Hunting in Montana gives such varied opportunities from topography to species hunted but most hunters coming to Montana are after big game Alpine hunting in Montana. This includes elk, mule deer, Big Horn sheep and other species that live up high in forested areas in the mountains. For a number of hunters this is the dream of their life is to take a Montana elk or Big Horn or a Monster Muley.

First thing I would tell you is I hope you are in great shape. There is a reason that elk, muleys and Big horns live up high in the mountains. They feel safer up where few hunters go. Many times you will find yourself climbing a couple of thousand feet or traversing a mountain to get ahead of an animal to have an opportunity. Doing that when you are in your 40s to 50s and out of shape can become tough at best and a real health concern at worst. And that is before you harvest the animal and have to pack the meat out in bear country.

I’m not saying that all big game hunts are like this. Some outfitters can drive you up to good country you can hunt and if you take an animal they will pack it out for you but that is not every outfitter and that is not every time. Sometimes even with the most cushiest outfitting operations you are going to have to work and then catch your breath quickly to pull the trigger. This especially holds true if you are hunting Big Horn sheep.

Licenses for these big game alpine hunting in Montana differ in ease or difficulty of draw. The Big Horn will be the most difficult draw and is usually a once in a lifetime draw. So if you draw one of those tags you better be in shape and ready to roll because there were thousands of guys that would love to be in your place and this will be the only opportunity of your lifetime. Drawing Montana elk tags can be easy or difficult depending on where you are and whether you are archery or rifle hunting. You can have 100% draw in some areas of the state and as low as 5% draw in certain coveted areas around the National Parks.

Big game alpine hunting in Montana is coveted and this is why Montana alpine ranches can demand such high prices. The views are what most people want when coming to Montana and these locations also are near streams and rivers that hold trout. The wildlife is also the most coveted with elk, deer, bear, moose and other majestic big game that goes along with this big game alpine hunting in Montana.

Here is this years forecast for Montana big game and areas here.

While Montana has lots to offer in the hunting world that isn’t in this article you can read about all types of hunting in another article from Venture West here. If you are starting a search for hunting land or a ranch in Montana and would like someone on your side of the table please reach out to us. We love to talk about Montana ranches and can be very helpful in narrowing down properties from our knowledge and contacts.

If you are coming to Montana this year to hunt big game in the mountains good luck and remember to always bring Bear spray. Chances are you will never need to use it but it is inexpensive and can save your life or someone else’s. Have a successful hunt and call us if you need us.

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Riparian Hunting in Montana

Riparian Land Hunting in Montana

Montana has a number of varied types of topography and hunting and one of my favorites is Riparian Hunting in Montana. Riparian is defined as land that is adjacent to a body of water. Most the time when we are talking about Montana that means next to a stream or river. If you can imagine in Montana we have mountains and hills that once the snow melts we have runoff. The runoff flows down to the valleys into the streams and eventually rivers. This land becomes its own ecosystem with certain trees and grasses that then give certain species of wildlife cover to hide and food to forage. Cottonwoods, some Firs and Aspen are often the main trees found in riparian land in Montana. Cottonwoods usually dominate as the tallest and the other trees fill in. Alder, bunchberry and willows are the bushes that usually dominate the riparian land. All of these plants provide cover, shade and some are a food source for the wildlife in Riparian Hunting in Montana.

The species of wildlife found in riparian hunting in Montana are many and can be present in large numbers. Whitetail deer can be seen in the hundreds located in riparian areas. Whitetails are very adaptable and it is hard to believe there can be that many living along the banks of streams and rivers. They don’t travel very far and can spend there entire life located in a pretty small area. It makes for good up and close riparian hunting in Montana. Upland birds can be found in abundance in riparian land. Pheasants and turkey love the cover and it protects them from predators, they have water and there is protection from weather.

Riparian hunting in Montana can be greatly accentuated by close proximity to or bordering small grain fields such as wheat, barley or corn. This gives the wildlife everything they need in cover, water and food. Because of this if managed right you can have great numbers in relatively small acreage.

Riparian hunting in Montana can be an intimate affair due to the distance between hunters and wildlife. Many times you will find shots to be 50 yards or closer and so riparian hunting in Montana is ideal for archery hunting. Camouflage, blinds and treestands are ideal due to the close range of the wildlife. Care has to be taken in entering or exiting the riparian land to not push whitetail out of the stream or river bed. Entry before first light and exit after dark is highly recommended. If you are pheasant hunting you will push whitetail out in front of you. They will come back after you leave due to the sources of cover, water and food. Just take care in not pushing them repeatedly day in and day out.

Riparian hunting in Montana also has benefits of the beautiful areas and abundance of wildlife to view. It is not unusual to see a couple hundred whitetail in a crop field adjacent to Riparian land. The other enjoyable benefit of riparian hunting in Montana are the colors of Fall. You will be in some of the most beautiful colors with the leaves turning reds, oranges and primarily yellows. The stream or river sounds running over the rocks and all the while you get the opportunity at magnificent wildlife.

I highly recommend riparian hunting in Montana but there all kinds of types of hunting in Montana and types of land. To read about the different types of hunting land try reading this article that we have provided that gives a summary of the types of hunting land for sale in Montana. We love the land here at Venture West and if you are looking for riparian hunting land or any other type of hunting land in Montana we would love to help you on your journey. Please reach out. We love to talk about Montana ranches and do business all throughout Montana.

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Upland Bird Hunting in Montana

Upland Bird Hunting in Montana

  When most hunters think of Montana hunting they do not usually think of Upland bird hunting in Montana but the state has a surprising number of pheasants and an enormous number of grouse as well as hungarian partridge. This suits most of us fine that Montana is not a state well known for bird hunting. If you think of it what do upland birds need to thrive and survive? They need cover, water and small grains to feed and thrive on. Montana is an incredibly productive ag state with lots of small grain production, mostly rural with a great deal of water resources. Thus upland birds have the ability to prosper and grow in numbers especially when they aren’t over hunted.

The most common grouse are the Sage, Ruffed, Sharp Tail. Here is a list of upland birds in Montana from the MT.Gov site. There are also a great deal of Merriam Turkeys spread throughout the state. It gives upland bird hunters plenty to hunt and the experience of multiple bird species in the same hunt. Birds are spread out through the state but some areas have higher concentrations of certain species. Eastern Montana has higher numbers of pheasants due to the concentration of small grain farming and that also holds true north of Great Falls. Bottomline, almost anywhere you have small grain farming you are going to find pheasants to hunt.

Upland bird hunting in Montana is about enjoying watching the dogs work and occasionally we even hunt them off horseback. Weather this time of year can be warm to brutally cold and windy. Much depends on when you hunt since the season starts October 6th and runs until January 1st. Grouse and partridge starts earlier on September 1st. Pheasant limits are 3 cocks. Grouse and huns vary but usually the number is higher than pheasants.

Dogs that you will see vary from Setters, Labs to Pointers and a few more. You have all kinds of levels of dogs. Some people pull in here with there dog trailers and $5000 dogs that have been trained on top of that. Then you have your native down home Montanans that will have mix breeds. To each his own and I have seen some pretty good hunting mutts in my time. One of my favorite to watch is a mix of lab and Pitbull. Good bird dog and I can’t ever stop laughing seeing a pitbull head coming back with a bird in her mouth. She just figured it out from watching the other dogs and said what the heck.

The fall is one of my favorite times of the year with the varied hunting possibilities in Montana. Throw in the fishing and you can hunt and fish for multiple species in a day. Nice to be able to take a Bull Elk in the morning, shoot pheasants in the middle of the day and go catch a spawning trout in the evening. It can be done easier than you know in Montana. If you want to read about some of the varied hunting land for sale in Montana click on the link. Our state gives the sportsman a multitude of opportunities to go try. You have to be pretty hardy some days but the opportunities are there. This holds true whether you have the money to buy a ranch or if you are doing more budget hunting on public land. There is significant public land in Montana, in fact, the biggest land owner in the state is the federal government and much of it is National forest or BLM land that can be accessed and hunted by the general public.

If you are looking for upland bird hunting in Montana land reach out to us and we would be happy to help you find what you are looking for. Prices come in all ranges and many times the land has not been managed for upland and can be greatly improved.

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Ranch Real Estate Agencies Near Me

Finding the Best Ranch Real Estate Agencies Near Me

Ranches are highly sought after in Montana. People come from all over the world in search of their own piece of Montana. This could be for investment reasons, recreational activities, Montana’s unique beauty, or an escape from the overly hectic city life. You may think that you can go find and purchase a ranch on your own. That may be the case, but it is going to be extremely difficult and time consuming. I always follow the saying, “work smarter not harder.” The best way to do so is by using all of the available resources at your disposal to achieve the desired result you want. One way to work smarter when it comes to purchasing a ranch is by speaking with ranch real estate agencies. The easiest way to find those agencies is by typing in ranch real estate agencies near me into your map app on your phone or computer.

Finding the right ranch real estate agency is an important process. Ultimately, the agency will be with you along nearly every step of the buying process. They represent you as the buyer or seller of ranches for sale and farm real estate. When evaluating which ranch real estate agencies you want to work with, consider the following.

Knowledge of the Ranch and Farm Real Estate Agency

Whether you are looking at ranch real estate or farm real estate, the best real estate agency will be the one that is knowledgeable about the type of property you want to buy. You wouldn’t want to go to a commercial real estate agency when looking for a ranch. On the other hand, you wouldn’t want to go to a ranch real estate agency when you are looking for a new office building.

A ranch or farm real estate agency should have a deep understanding of water rights, mineral rights, estate planning, 1031’s, conservation easements, and additional revenue opportunities. Water is a the lifeblood of Montana farms and ranches. Having an agency that knows water rights is critical. Check out our Montana Water Rights Report to see our understanding of Montana water rights. Venture West Ranches has extensive knowledge in estate planning and bring resources into one place to help you minimize taxes, plan for succession and get full benefit from ranch ownership. We also offer free estate planning seminars throughout the year. Be on the lookout for our next one.

1031’s along with other tax strategies are another area that Venture West Ranches can help clients better understand what ranches can do for tax planning. Conservation easements are a way to protect the land you own for future generations to enjoy. On top of that, establishing a conservation easement may result in tax savings. The use of a conservation easement often times counts as a charitable donation and is tax deductible.

When looking at potential ranch real estate agencies, you want someone who can see potential revenue streams. These additional revenue streams can take an average farm or ranch and turn it into a strong financial asset. See some of the additional revenue streams we’ve identified in this article.

Age of the Agency

Another area to look at when evaluating ranch real estate agencies near me is their age. The age of an agency can tell you a lot about their experience. Some people think that the older a business, the better they are. I disagree. Older companies can be set in their ways and reluctant to change. These older agencies may also not understand the way business is conducted in this new technologic age.

Instead, you want a ranch real estate agency that is implementing new and effective ways of marketing and selling ranches and farms and new ways of locating potential ranches for clients. Take Venture West Ranches for example. We have been in existence since 2005 but have agents with over 50 years of experience buying, selling, and operating ranches and farms. We implement some of the newest marketing tools including social media, video, and SEO. You want ranch real estate agencies near me that are using these advanced tools that work.

Ranch Real Estate Agencies Near Me

Type in ranch real estate agencies near me into your search bar. You may be surprised at what you find. Before you go with the first result after searching for ranch real estate agencies near me, take the above points into consideration. Once you’ve found the right ranch or farm real estate agency, you’ll need to find the right agent to work with. Look at our article about ranch real estate agents. It will help you decide what kind of agent you want to work with.

At Venture West Ranches, we specialize in ranch and farm real estate across Montana. We currently have properties for sale near Helena, Bozeman, Wolf Creek, the Missouri Breaks, and Hebgen Lake. Our full list of properties for sale can be found here. We use our 50 years of experience buying, selling, and owning Montana ranches to help you along this journey.

If you ever have the itch to look at ranches, type in ranch real estate agencies near me. If they satisfy the above criteria, they may be able to help you find your next Montana ranch for sale. Or, you could save some time and contact us now. We would love to help you find your dream ranch.

About the Authors

  Buzz Tatom

Partner at Venture West Ranches

Buzz Tatom, a partner at Venture West Ranches, is a ranch owner and has built, run and sold numerous businesses in his career. This gives him a unique background in helping Montana farmers and ranchers navigate the life decisions that we all have to face. Whether it is passing a ranch on to the next generation or planning for eventual sale, his talents and contacts help save clients money and navigate complicated transactions.

Connor Mayberry

Digital Marketing and Content Manager

As the Digital Marketing and Content Manager, Connor writes and creates content that compliments the Montana farms and ranches for sale on the website. Check out our articles page for more articles about Montana ranches.

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Ranches for Sale Around Billings MT

Compelling Values in Ranches for Sale Around Billings MT

Ranches for sale around Billings MT are most the time considered Eastern Montana. They likely will have fewer trout than ranches to the west. Animals might be smaller in overall numbers but bigger due to less competition for food and most not migrating due to milder weather. At 147,046 square miles (94,109,440 acres)  there are countless opportunities to own a piece of land in Montana. If Billings, MT appeals to you the dollar per acre that you pay will likely be less than SW Montana. Billings is a vibrant city that has many opportunities recreationally, financially, and personally.

Where is Billings, Montana

Billings is located in South Central Montana in Yellowstone County. With a population of about 110,000 people, Billings is the only city within Montana with a population over 100,000. That may not seem like very many people, but it is significant for a state with just over one million people. Billings is also home to the tallest building in Montana. The First Interstate Center, home to First Interstate Bank, is a 20 story, 272 foot tall building. The southwest side of the city is flanked by the Yellowstone River. The Yellowstone River provides fertile soil and irrigation to farms up and down stream. Trout will be in the Yellowstone this far east but likely counts will be less than further west. The Yellowstone starts trending towards being a warm water fishery the closer you get to Billings and east of Billings. Warm water species include sauger, ling, small mouth bass and catfish so you can still have good fishing and lots of fun.

Recreation Around Billings, MT

Outside Magazine ranked Billings, Montana The Best Town in 2016. It defeated famous Jackson, Wyoming and Denver, Colorado among many others. Mountain biking, trail running, and hiking can be found in abundance just minutes away from the town center. Yellowstone National Park is just over three hours away from Billings. Ski resorts like Big Sky and Bridger Bowl are within three hours as well. The central location of Billings makes it appealing to people that love all kinds of recreational activities. Purchasing ranches for sale around Billings MT allow owners to participate in these activities. After a long day on the trail or a day in town, you can still retreat back to your ranch and enjoy some peace and tranquility.

Fishing on Ranches for Sale Around Billings MT

Brown trout, rainbow trout, and the native Yellowstone cutthroat trout live in the Yellowstone River and provide for good fly fishing. From Billings to the North Dakota border, you can catch warm water species like burbot, channel catfish, paddlefish, sauger, smallmouth bass, walleye, and on a very rare occasion, a pallid sturgeon. Billings is one of the few places in the state of Montana where you can catch such a wide variety of fish. Serious anglers can consider ranches for sale around Billings MT because of the easy access to the Yellowstone River which is a blue ribbon stream and offers some of the best fly fishing in the world in close proximity. Bighorn to the east, Yellowstone, Boulder, Gallatin, Madison and the Missouri to the West with other good rivers also close.

Billings Demographics

In comparison with the rest of the state of Montana, Billings ranks higher in several categories. These include average household income, air quality, and weather. In 2016, the average household income for Montana was $50,027. The average household income in Billings was $54,222. That being said, the density of ranches for sale around Billings is good because you are in the country quickly once you leave town. Ranches for sale around Billings, MT also have exceptionally high air quality. On the Air Quality Index (AQI) Billings ranks at 15.4, while the average AQI for the United States is 74.7. The lower the AQI score, the better the air quality.

Weather Averages

Another reason you should look into ranches for sale around Billings, MT is the weather. The United States receives an average of 26” of snow a year. Billings receives 50” on average. Now, that may seem like a lot of snow. However, Bozeman receives 71” of snow on average and Red Lodge exceeds 145” of snow each year. That’s a lot of snow! Billings also has more sunny days than most places in Montana. Billings has 205 sunny days per year which is significantly higher than places like Bozeman which has 188 sunny days per year. You will be in snow later in the year and out of snow earlier in the year than ranches to the west side of Montana.

Values of Farms and Ranches for Sale Around Billings MT

When looking at purchasing ranches for sale around Billings MT and the rest of the state, take into consideration the price per acre as well as the value you will receive from each acre.

According to the USDA’s Land Values Summary for 2017, the value of farm real estate in Montana is $920/acre. The only other states with lower values per acre are New Mexico and Wyoming at $530 /acre and $660/acre, respectively. Montana’s value is up 2.2% from the previous year, showing nice appreciation. The value of cropland in Montana is $1,020/acre. This value has increased by 1% from last year. The value of pasture in Montana is $660/acre, is growing at 1.5%, and outranks New Mexico, and Wyoming. In 2015, the value of farmland and buildings in Montana was approximately $53.1 billion. That number rose in 2016 to $53.7 billion, which is a 1.1% increase. These prices rise dramatically depending on location, recreational values and irrigation and water rights.

Final Thoughts

You may be thinking that a higher value is always better. That’s true, but if you can purchase ranches for sale around Billings, MT at a price that is below the value, you will be making a good investment. These numbers are generalized for the entire state of Montana. However, the average price per acre in Eastern Montana is priced below state averages and allows you to own ranches for sale around Billings MT at a reasonable price.

If you are wanting to purchase a piece of property, I recommend looking at ranches for sale around Billings MT. It is a great place to live, has countless recreational activities, some of the nicest weather in Montana, and below average price per acre making for a great investment. Contact us to get started on this journey to find your Montana ranch for sale. If you enjoyed this article consider checking out our Montana ranches for sale report, Montana water rights report, and fly fishing properties for sale in Montana.

About the Authors

  Buzz Tatom

Partner at Venture West Ranches

Buzz Tatom, a partner at Venture West Ranches, is a ranch owner and has built, run and sold numerous businesses in his career. This gives him a unique background in helping Montana farmers and ranchers navigate the life decisions that we all have to face. Whether it is passing a ranch on to the next generation or planning for eventual sale, his talents and contacts help save clients money and navigate complicated transactions.

Connor Mayberry

Digital Marketing and Content Manager

As the Digital Marketing and Content Manager, Connor writes and creates content that compliments the Montana farms and ranches for sale on the website. Check out our articles page for more articles about Montana ranches.

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5 Qualities the Best Ranch Real Estate Agents Have

Ranch real estate agents are all unique. Different traits, personalities, and qualities make them appealing to different people in the market for a ranch for sale. The best ranch real estate agents have a variety of qualities in common. Venture West Ranches has outlined 5 of the best qualities you want your ranch real estate agents to have.

The 5 Best Qualities You Want in Best Ranch Real Estate Agents

Knowledgeable

The first quality to look for in the best ranch real estate agents is that they are knowledgeable. The best ranch real estate agents should be the most knowledgeable person about a ranch besides the people who are trying to sell their ranch. When speaking with agents, they should know the total acreage of the property, price per acre, carrying capacity, water rights, mineral rights, equipment condition, river frontage, additional revenue opportunities, and wildlife on the property. If a real estate agent has knowledge of these areas and more, they may be a good fit for you with ranch search. Knowing water rights, easements, ag leases, 1031s and a number of other important factors can put money in your pocket and help insure you make a good investment. Does the agent have a business background that can help in areas of operation, marketing and seeing the big picture. I always felt more comfortable with people that had good business knowledge in areas outside of real estate that were going to impact my purchase.

Trustworthy

Another quality the best ranch real estate agents have is trustworthiness. You want to be able to trust the people who are representing you. To see if real estate agents are trustworthy, there are a few things you can do. First of all, do some research. Look at Google reviews of real estate agencies and agents and see what other people have said about them. Don’t only look at the 5-star reviews and the 1-star reviews. The most honest reviews tend to be the 4-star reviews through the 2-star reviews. Another way to test trustworthiness is to look at sites like the Better Business Bureau and Yelp. You can also look to see if the realtor is accredited and has their license. I would also listen to what they say about properties. If everything is a glowing report then you might want to choose someone else. Most of all, trust your instincts after having multiple conversations with them. By doing all of the above, you can make sure you have the best ranch real estate agents you can trust.

Personable

The next quality that the best ranch real estate agents have is that they are personable. You want someone that fits you and your personality. You need someone you can have comfortable conversation with. The last thing you want in an agent is having uncomfortable conversations and awkward encounters with them. Personable ranch real estate agents make the process of purchasing a ranch much more enjoyable. Personable agents are the best ranch real estate agents because they often times have better connections with other realtors and can help in the negotiation process on ranches for sale.

Integrity

“The quality of being honest and having strong moral principles; moral uprightness.”

Integrity is a critical quality that the best ranch real estate agents possess. You want to have an agent with a high level of integrity. This is critical when purchasing a ranch. There are so many factors and angles in purchasing a ranch. The last thing you want is the dealings of buying a ranch to not be legal or missing something that could come back to bite you. Another reason why having an agent with integrity is that they will make sure you get a fair deal on a ranch you plan to buy. You want the best buyer representation you can get, and the best ranch real estate agents can give you that buyer representation because of their integrity. Make sure you find an agent with high integrity and your ranch buying experience will go much smoother.

Hardworking

The final, and maybe the most important quality the best ranch real estate agents have is a strong work ethic. A hardworking real estate agent is a valuable asset to have on your team when buying a Montana ranch for sale. They will put everything they have into finding you the best ranch that meets all your needs and helping in the due diligence. Truly understanding someone’s work ethic is difficult. One way is to see how responsive potential real estate agents are with you. If you send an email or call them and you don’t hear back from them for a couple of days, you may want to find a new real estate agent. The best real estate agents will do everything in their power to get back to you in a reasonable amount of time because they care about you and your business. Hardworking ranch real estate agents are what you should look for when starting your search for a ranch for sale.

These five qualities are what separate average agents from the best ranch real estate agents. As you start this process of purchasing a ranch, consider these five qualities. Venture West Ranches would love to represent you along this journey. Buyer representation is a way to make sure you are represented and taken care of along every step of the way. We have several of the best ranch real estate agents that are ready to get you into the ranch of your dreams. Contact us and we will help you get started.

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River Frontage Real Estate

River frontage real estate can be an enjoyable and profitable investment for a family while creating wonderful memories. As the average temperature in Montana continues to climb and rises into the 80s and 90s, it’s a perfect time to enjoy some of Montana’s recreational water activities. One of the best ways to easily access these waterways is by owning a piece of river frontage real estate. There is truly something special about owning a piece of property with river frontage. Not only do you have easy access to water for activities, but you also have a piece of property that is highly sought after and holds great value. This blog, brought to you by Venture West Ranches, identifies some defining characteristics and benefits of owning river frontage real estate. We also dive into why river frontage real estate is valued higher than other types of recreational real estate.

Characteristics of River Frontage Real Estate

Property Size

River frontage real estate comes in all shapes and sizes. Whether you want a piece of property with miles of river frontage access or only need a few hundred feet, there are properties on the market that can meet your needs. A large piece of river frontage real estate allows you to truly have control over a variety of elements regarding the river. If you have a passion for fly fishing, or any kind of fishing for that matter, you may be interested in improving the fishery in the span of river frontage along your property. In order to do so, you will have to do some stream restoration or improve shoreline in order to increase the quantity and size of fish through your stretch of river frontage. Check out our blog about  improving fisheries through stream restoration for more information.

Landscaping and Plants

River Frontage Real Estate also has different trees than other properties that lack the water resources of a river. Along most river banks, you’ll find an assortment of Aspen, Cottonwood, and Birch trees. These trees are found along riverbanks because of their need for high volumes of water. Large trees can extract up to 100 gallons of water a day from the ground and transpire it into the air. Multiplying that by 100 trees along a stretch of river results in over 10,000 gallons of water being drawn from the river. These trees also provide a great deal of shade for surrounding areas which can help reduce temperatures in hot summer months and cover for wildlife.

Temperature

Owning real estate with river frontage also gives you an added advantage in the form of temperature moderation. Because of the colder temperatures of the river your property has frontage on, the surrounding air is cooled by the water providing additional sanctuary in those scorching hot months.

To better understand, take these two scenarios into consideration.

You live in a subdivision surrounded by several asphalt paved roads. These black, energy absorbing roads get hotter and hotter as the temperature continues to climb. In fact, paved roads can be more than 40 degrees hotter than the outside temperature. The result is the surrounding air temperature rises and makes you feel like you can’t get away from the heat. The worst part is that long after the sun sets, the asphalt is still giving off heat, preventing the surrounding temperature from decreasing.

You own a piece of river frontage real estate along the Yellowstone River which historically averages 52 °F in June. Because of the waters cooler temperature, the surrounding air is further cooled. This provides you with a lower temperature than surrounding areas without river frontage. If it still gets too hot, you can still find some relief by jumping into the brisk Montana stream.

I don’t know about you, but the river frontage real estate option sounds like a winner to me.

Benefits of River Frontage Real Estate

Temperature moderation isn’t the only benefit that river frontage real estate offers to owners. Owning a piece of property with river frontage also allows you the opportunity to take part in several water related activities. From canoeing and kayaking to fishing and afternoon dips to cool off, river frontage real estate gives you an opportunity to relax and make memories with loved ones. What you are able to do may be limited by the size of the river your property borders or encompasses. Small streams may be better for fishing while larger rivers may allow you to kayak, canoe, paddle board, or even motorboat on.

And after a long day, you can always sit down to enjoy a beautiful sunset along the riverbank.

River Frontage Real Estate Value

One of the biggest benefits to owning a piece of river frontage real estate is its value. The average value of water front homes is more than twice as much as normal homes. In a study by Zillow, the median normal home value is $171,600, but the average waterfront real estate value is $370,900. That’s a 116% difference. River frontage real estate is also a good investment because it holds its value better than regular real estate. There is only a finite amount of river front real estate available. With the high demand for river frontage, property values will only continue to increase. In Montana, river frontage along trout streams can demand even more of a premium.

Another element that influences the value of river frontage real estate is the variety and availability of recreational water activities. With a large variety of water activities available on the property, values may be much higher than its counterparts. However, be careful of properties that are limited in water recreational activities because they can actually decrease the value of river frontage real estate.

River frontage real estate is a valuable asset to look into purchasing not only from an investment stand point but from a personal standpoint as well. River frontage real estate is different from other types of real estate in several ways including size, demand, supply, trees, and temperature. Owning a piece of river frontage real estate also has a variety of benefits, one of the most important being the added value associated with river frontage.

If you are in the market for, or have interest in, river frontage real estate, contact us! We love matching potential buyers with properties that are everything they could have dreamed about. River frontage real estate may not be what you are looking for. If that is the case, check out our other articles about mountain ranches for sale, hunting ranches for sale in Montana, and fly fishing properties for sale. Also look at our Montana ranches for sale real estate report. Some of the properties on the list have river frontage that may interest you.

About the Authors

Buzz Tatom

Partner at Venture West Ranches

Buzz Tatom, a partner at Venture West Ranches, is a ranch owner and has built, run and sold numerous businesses in his career. This gives him a unique background in helping Montana farmers and ranchers navigate the life decisions that we all have to face. Whether it is passing a ranch on to the next generation or planning for eventual sale, his talents and contacts help save clients money and navigate complicated transactions.

Connor Mayberry

Digital Marketing and Content Manager

As the Digital Marketing and Content Manager, Connor writes and creates content that compliments the Montana farms and ranches for sale on the website. Check out our articles page for more articles about Montana ranches.

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Ranch Real Estate Agent – Helpful Tool to Find Your Dream Ranch

Finding a Ranch Real Estate Agent

A good ranch real estate agent can be a critically important step in finding the right ranch. From water rights, to easements, to wildlife and fisheries management there are a great deal of things that can impact making the right choice in a ranch. I remember the first time my wife and I sat down and looked at ranches for sale. It was a fun yet overwhelming process. Once we managed to find the perfect ranch, we then had to go through the process of finding the right ranch real estate agent to help represent us. If only I knew that we did the process backwards. It would have been a lot easier if I had found the good ranch real estate agent first. Now, I am a partner and ranch real estate agent with Venture West Ranches. It’s crazy how some things work out. You may be in the same boat or just starting your search for your very own ranch. Either way, we want to provide you with different things to look for in a ranch real estate agent.

Learning Your Likes and Dislikes

This is the most important step in the beginning of the process. Questions need and should be asked so an agent is not wasting your or their time and frustrating you the client. Their are many types of terrain in ranches, especially here in Montana. Do you want alpine or rolling hills, rivers, streams or ponds? Do you want a house or a property with no house that allows you to build one to your tastes. Are you purchasing the property for horses, fishing, hunting, etc…Lots of questions and although sometimes uncomfortable a budget should be discussed. It can be a broad range but a good agent does not want to show you a 10 million dollar ranch when you were thinking 1 million. This budget discussion also gives you the client a good understanding of what you have to pay per acre for the amenities you are looking to have on your property. For instance, if your number one thing is having on property fly fishing in a blue ribbon stream but have $1000/acre budgeted a good agent should tell you what it is really going to take to have that blur ribbon trout stream.

The Ranch Real Estate Agent’s Local Knowledge

Every ranch real estate agent should be adequately informed about the area surrounding the ranch you are interested in. They should know what towns surround the ranch and what amenities are offered in each town. This can include both large and small towns. Keep in mind how far you will have to drive to get gas and groceries. You also want to know what kinds of activities you’ll be able to participate in on your property and in towns nearby. If you love to ski, how far away is the nearest ski slope? Whether you are wanting to go watch a movie or ride around your property on an ATV, the more information your ranch real estate agent can give you, the better.

If you are a hunter or love having wildlife on your property, you’ll want to make sure you express this to your ranch real estate agent. Next, your ranch real estate agent should know exactly what animals can be seen and/or hunted on ranches you are looking at. The last thing you want is to purchase a ranch to later find out you can’t hunt the animals you were hoping to or a tag has an incredibly low draw %. Visit Montana Fish, Wildlife & Parks to see hunting regulations and hunting district maps.

These questions will help you evaluate a ranch real estate agent’s local knowledge about the area and wildlife.

Where are the closest towns and what amenities do they offer?

What local activities are there to partake in?

How far away are neighbors?

What kinds of wildlife reside on the ranch?

Is hunting permitted? If yes, what kind of hunting? Draw statistics?

Does the property have access to water? Water rights?

Does the Ranch Real Estate Agent have Experience Owning a Ranch?

Another important thing to ask a potential ranch real estate agent is whether they have experience owning ranches. Not all ranch real estate agents have experience owning and operating their own ranches, so make sure to exercise caution. When ranch real estate agents have experience owning and operating ranches, they are better equipped to understand your needs and find the best ranch for you. Some things are better learned through practice. One of which is definitely ranching and wildlife, fisheries management. At Venture West Ranches, all our real estate agents have had years of experience owning or operating ranches. This makes them especially qualified to answer any questions or concerns you may have. When it comes down to making this big decision, having a ranch real estate agent who has or still does own a ranch is a good thing.

Can the Ranch Real Estate Agent See Different Ways You Can Improve a Ranch?

No two ranches are created equal and all have some issue. Some ranches have more carrying capacity or water resources than others. However, a good ranch real estate agent can see the upside in almost any property. Each ranch’s uniqueness gives way to opportunities to improve the ranch. When you are looking for your next ranch for sale, hire a ranch real estate agent who can see what a ranch can be (realistically), instead of how it is now. Check out our blog on improving ranches and capitalizing on potential revenue streams, here.

Other Important Information the Ranch Real Estate Agent Should Know

A ranch real estate agent should also know whether the property has water access, water rights, surveyed property lines, fences in good condition, is a part of an easement, and the livestock carrying capacity, to name a few. These are all important because they directly impact the value of a ranch. For example, a property with water rights in an area where water rights are nearly impossible to come by, will make the property highly desireable. For additional information on water rights, check out our in-depth report about Montana Water Rights. Having a real estate agent who understands these areas will allow you to find the best property from an emotional standpoint but also makes sense financially.

Ranch real estate agents should know, where applicable, the carrying capacity of the ranch you are looking at. Carrying capacity will tell you how many livestock and grazing animals the ranch can manage without overgrazing pasture land. A good agent also needs to know the average cost per acre your ranch and the surrounding ranches have and are selling for. In Non Disclosure states like Montana that can be very difficult at times. This helps determine if you are overpaying for the property or if you are getting a fair deal.

The Buyer Comes First

Throughout the process of buying a ranch, there are many things to consider. Most importantly, you want an agent who is looking out for your best interest. They aren’t worried about commissions or making their bottom line. Instead, they want to match you with the ranch of your dreams. That is how you decide on the right ranch real estate agent.

This is a large investment and you need to make sure that your ranch real estate agent holds you as their number one priority. Venture West Ranches has several experienced ranch real estate agents who are eager to help you find the ranch of your dreams. Contact us and we will get you started on one of the best decisions of your life.

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Ranches for Sale Near Me

Ranches for Sale Near Me

Today, it seems like everyone is on their phones texting, calling, on Facebook and everything in between. Don’t even get me started on the selfies. When I am on my phone, I find myself using the GPS. I don’t know about you but I hate feeling lost. When I use the GPS or type something into Google I find myself typing in the words, ‘near me.’ In fact, when people search for something on their phone, they are more likely to be searching for something local. What does this mean? It means that people are looking for things near them. One of these searches that we pay special attention to is ranches for sale near me.

In Montana, unlike many other states, if you were to type in ranches for sale near me you’d probably have at least one result come up within 50 miles of your location. We’re talking about a state with 1,015,165 people and 2,550,000 cows. Yes, that’s about 2.5 cows per person. So it’s no wonder that there are ranches throughout the state. When you start your search for a ranch, either for personal reasons or as an investment, you might be looking into ranches for sale near me, or ranches for sale in a specific location.

Ranches for Sale Near Me Considerations

Finding a ranch for sale near your current location has its benefits but is only right in certain instances. Some areas of Montana do not support ranching due to their geographic surroundings and population density. For instance, living in downtown Billings and on a ranch is impractical. However, if you want to live near Billings and own a ranch, you can have the best of both worlds. The benefit of searching for ranches for sale near me, allows you to own a ranch in an area you are already familiar with. This allows you to get right down to ranching without having to worry about learning a new area after moving. You’ll know where the nearest grocery store is and what local activities you can participate in. You’ll also be close to your friends instead of having to meet new people if you move.

Ranches for Sale Elsewhere

Owning a ranch in the same place you currently live in may not appeal to you. If that is the case, you may be searching for ranches for sale around Billings, MT or ranches for sale near Bozeman, MT. Moving to a new area is exciting and allows you to truly get away from the busy outside world. Owning a Montana ranch gives you an opportunity to get out into the beauty of Montana, work with your hands, and see the fruits of your labor. You can focus on your ranch and leave it at that. Looking for ranches for sale in a new location also gives you the opportunity to find new activities to take part in as well as see a completely new area of Montana. You may even meet some new friends along the way.

If you are wanting to move to a new area of Montana or are interested in staying where you are and finding a ranch for sale near you, Venture West Ranches can help you find a ranch that satisfies if not exceeds your expectations. Next time you are looking up directions or a restaurant near you type in ranches for sale near me. You may be surprised by what you find. It may just be the next ranch you own. Visit our Montana Ranches for Sale Real Estate Report to see some of the ranches for sale in Montana.

If you are on the start of the journey in finding a ranch in Montana I would encourage you to reach out to us with the little blue Contact tab. We love talking ranches and giving you  information that can help you fine tune your search and we would love to help you find the right ranch for sale near me(you)!

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Montana Water Rights Report

Water rights are a hot bed issue in Montana as well as other states and they are just warming up. I have had several investors approach me about purchasing real estate in order to gain water rights, or purchase water rights outright and separate from the land. Farmers and ranchers in Montana certainly know that water rights hold value, but many are unaware of just how much their water rights can change the value of a property in the next 10 to 20 years.

First things first, we do not hold ourselves out as an expert in water rights in Montana or any other state. As a real estate broker, we would always advise and request our clients hire a water consultant or an attorney that specializes in water rights. It will cost some money, but with the adjudication process of water rights, the historically inaccurate measurement process of water usage, and a hundred other factors, verifying water rights is critical. I know, I know, I don’t like spending money either but this will be money well spent. You will also learn a great deal in the process of what you own and what the requirements are to keep your rights. It is a very complicated issue with lots of gray areas and a lot of disagreements between parties. The old rancher adage of steal my wife but don’t steal my water holds true even today although we probably should change it to steal my spouse.

Similar to mineral rights, water rights in Montana can be severed from the land or real estate. That may be a surprise to many reading this article, because we often think of water rights being attached directly to pieces of property. With the possibility of severance, water rights become a much more dynamic and fluid investment.

If a seller wants to separate water rights from a property, they would need to specifically spell out the severance in a contract. If not held in reserve, the water rights go with the land just like a normal transaction.

Why would someone sever water rights from the land?

If a ranch or farm is being sold, the Montana water rights are a big portion of what makes the land valuable. Not only that, water rights are often vital to the operation of any farm or ranch because the water is used for stock water or irrigation. One example of why severance would be beneficial would be if a developer purchases land with water rights along a stream or river and is subdividing the land into smaller parcels. The water rights will not hold their value for the smaller parcels since most will be drilling wells and getting their water through groundwater. In such a case, the water rights could be severed and sold to another user such as a municipal, or adjacent farmers or ranchers. It is a way for the developer to increase his returns, prevent hurting the development, and assist the next user of the water rights.

Types of Montana Water Rights

This is the tedious definition, explanation, and rules part that no one is going to accuse of being a book they can’t put down, but it gives you important information that you need to know and that can help you keep a right, obey the rules, or help you find a ruling that can help you establish or add to water use on a property. If there is one thing I have learned, it is that most people don’t want to read through the rules, but the ones that do usually know how to use it to their advantage.

Pre-1973 Water Rights

Water rights that are established before the July 1, 1973 deadline of the Water Use Act are often referred to as pre-1973 water rights. These pre-1973 water rights are either use right or filed rights depending on how they were established.

Use Rights

The vast majority of water rights that were established before the Water Use Act deadline were use rights. Use rights are water rights that were acquired through the appropriation and beneficial use of water. The priority date of use of the water rights is almost always the date the water was first beneficially used. 

Filed Rights

Although optional, filed rights are water rights that were filed at local county Clerk and Recorder’s offices. The system was first recognized in 1885 and ran until the Water Use Act installation date. Filed rights have a little bit more legitimacy than use rights because of their documentation, but provide no additional benefits compared to use rights. In 1969, the Montana Fish and Game Commission was granted authority by the Montana Legislature to appropriate unappropriated waters on 12 streams in order to preserve fish and wildlife habitat.

Federal Reserved and Indian Reserved Water Rights

Montana’s Reserved Water Rights Compact Commission (RWRCC) is the entity, established by the Montana Legislature in 1979, responsible for negotiating settlements with federal agencies and Indian tribes. Federal agencies and Indian tribes are able to claim federal reserved water rights. These are rights to use water that have been authorized by an act of Congress, a treaty, or an executive order. The use volume of the water right depends on the original purpose the land was reserved for.

New Appropriations

Overseen by the DNRC, the new appropriation of surface or ground water is required for water rights to be established after June 30,1973. To get a Certificate of Water Right, you must be granted a permit to appropriate water or file a Notice of Completion of Ground Water Development. The water must be used beneficially which includes using it for domestic, stock, irrigation, lawn and garden, mining, municipal, industrial, commercial, agricultural spraying, fisheries, wildlife, and recreation. Also, if there is a change in use the DNRC comes into play and the negotiations begin. Say your right is for flood irrigation and you want to change to a pivot, the DNRC will need to be involved and there is a strong possibility they could change the amount of water that can be used. Changes in window of use also will involve the DNRC. Basically, if it is a new use or a changed use the DNRC will need to be involved.

Surface Water

Appropriating surface water often requires diverting water or the construction of diversion works. Before diversion or the construction of diversion works starts, a person must apply and be granted a permit to appropriate water. The permit process for surface water can take some time to complete, so make sure you plan ahead. The permit requires the following:

Physical access and availability of water at the point of diversion for the specified period

Demands on the water source

A comparison between water availability and existing legal demand.

The implications of use on other water rights.

An analysis of existing water rights and their impact on water supply of the specified water source.

The operation and design of the new extraction system.

Description of the beneficial use of the water.

The requested flow rate and volume and an explanation of the required amount necessary for use.

The applicant has interest in possessing the use at the water source.

Exceptions

Small livestock pits or reservoirs on nonperennial flowing streams, streams that cease to flow for a portion of the year, are not subject to this law. Some other exceptions include pits or reservoirs that:

Hold less than 15 acre-feet of water

Have an annual appropriation of less than 30 acre-feet

Are located on a piece of land 40 acres or larger

These reservoirs and pits can be constructed immediately without first obtaining a permit. However, within 60 days, of completion of construction, an application for a Provisional Permit for Completed Stockwater Pit or Reservoir must be submitted to the DNRC. This allows the applicant to construct and operate the stockwater until the DNRC has time to review the application. The provisional permit is subordinate to all prior water rights. Therefore, if the new stockwater pit or reservoir affects prior established water rights, the DNRC can alter or completely revoke the permit, rendering the construction and water use illegal.

Ground Water

Ground water is another form of new appropriation that may require a permit before use. If you anticipate using more than 35 gallons per minute or 10 acre-feet per year, you will be required to obtain a permit before any development or appropriation may occur. In a ground water area, an area that focuses on one distinct source of ground water, a permit may be required before the appropriation of water, regardless of gallon per minute flow or acre-feet per year. If you are wanting to develop a ground water well that uses 35 gallons a minute or less and does not appropriate more than 10 acre-feet per year, you do not need to file for a permit. These are called exempt ground water wells. 

When a well is drilled, a Well Log Report is completed by the well driller and submitted to the Bureau of Mines and Geology. Once the well is used, the owner must submit a Notice of Completion of Ground Water Development and a filing fee to the DNRC. Once the DNRC receives the form, the priority date of the water right is set. The DNRC will review the application for correctness and as long as the owner has exclusive property rights, the DNRC will issue a Certificate of Water Right.

Controlled Ground Water Areas

Controlled ground water areas are areas designated to protect the quality and quantity of water. Overall, the law prohibits wasteful use of ground water. If a wasteful use is found, a controlled ground water area may be established. A proposal for a controlled ground water area can be initiated by the DNRC, a petition by a state or local public health agency, municipality, county, conservation district, or local water quality district. If one-third of water rights holders purpose a petition for a controlled ground water area, it will also be considered. A petition must contain the analysis of a hydrogeologist, qualified scientist, or a qualified and licensed professional engineer that identifies one of the following criteria is met.

Present or future depletion or recharge of the aquifer(s) in the controlled ground water area will result in the decline of ground water to levels that prevents water rights holders from exercising their rights.

Present or future ground water withdrawal of the aquifer(s) in the controlled ground water area will result in the decline of surface water to levels that prevents water rights holders from exercising their rights.

Present and future ground water withdrawal from the aquifer(s) in the controlled ground water area have or will create or change the migration of contaminants that will result in the water exceeding water quality standards.

Present and future ground water withdrawal from the aquifer(s) in the controlled ground water area have or will reduce ground water quality below water quality standards and prevent water rights holders from exercising their rights.

The ground water in the controlled ground water area is not being used beneficially.

The current or future use of the ground water will become a risk to public health, welfare, or safety.

Once the DNRC receives the petition, they will either deny, further study, or implement the proposed controlled ground water area. If a controlled ground water area is granted and becomes permanent it may include the following controls:

Prevent the appropriation of new ground water

Restrict future appropriations by flow, volume, purpose, aquifer, depth, water temperature, water quality, density, and other criteria.

Require the measurement of any future ground or surface water appropriations

Require a notice on land records to inform potential property holders of the permanent controlled ground water area.

Impose space restrictions on wells.

Mitigation of ground water withdrawals.

Water Quality testing.

Require data reporting.

At present, there are 15 controlled groundwater areas across Montana. The complications go up in these areas but so does the value of the water rights in these closed basins. These areas are where you see the multi bagger returns much of the time.

Stream Depletion Zones

As of 2013, the DNRC was granted the ability to create stream depletion zones. Using hydrogeological modeling, the installation of ground water wells in these zones would deplete the stream to certain levels at certain times. In stream depletion zones, any new ground water wells may be limited to only 2 acre-feet per year and a maximum flow of 20 gallons per minute. Another regulatory action is to determine whether the ground water rights are affecting senior surface water rights, therefore making the ground water right subordinate to the senior surface water rights in the zone. A stream depletion zone can be established by the DNRC, a municipality, county, conservation district, local water quality district, or an owner that has possession of at least 15% of the flow rate of the surface water rights on the affected stream. A hydrogeological assessment must be done on the proposed depletion zone by the Ground Water Investigation Program, a hydrogeologist, or a licensed professional engineer. Being aware of whether your property or proposed future water rights are subject to stream depletion zones is critical. The last thing you want to happen is to be regulated if not prevented from accessing water once you have an operation established.

Replacement Wells

Sometimes, an existing well fails and a new well must be drilled in order to access vital ground water. To retain the priority date of the old well and change the water right, a Replacement Well Notice must be submitted to the DNRC. The notice must meet a set of requirements before the replacement well is granted. The old well and new well must not be in a controlled ground water area. If they are located within a controlled ground water area, the replacement well can be established if the development does not restrict replacement wells. Additionally, the old well must be abandoned completely once the new well is established. The new well must have a flow rate volume equal to or less than the old well. The final stipulation is that the new well must withdraw water from the same ground water source that the old well withdrew from.

Replacement Point of Diversion

An appropriator may replace the point of diversion of a water right without the approval of the DNRC as long as they meet the following requirements:

The current point of diversion cannot be operated because of natural causes or deterioration of diversion infrastructure.

It is the only change to the water right

The diversion volume is not increased

The new point of diversion does not interfere with water rights between the old and new points of diversion or receives written waivers from water rights holders affected.

The new point of diversion draws water from the same surface water source and is located as close as possible to the original point of diversion.

The old point of diversion is no longer used and the new point replaces the old point of diversion.

It can be shown that the old point of diversion has been used in the past 10 years.

The new diversion will not increase the access to, or amount of water used or change the form of irrigation the water is used for.

The appropriator has 60 days after creating a replacement point of diversion to file a notice with the DNRC. 

Combined Appropriation

When an owner wants to combine the appropriation of two or more exempt wells or springs that draw water from the same source, a permit for appropriation must be granted. The permit is required if the combination of the wells and springs exceeds 35 gallons a minute or 10 acre-feet per year.

However, there are different rules for combined appropriations depending on their start date. If a project, development, or subdivision existed or submitted an application before October 17, 2014, the 1993 rule applies. This rules states that only wells physically manifold together are considered a combined appropriation and subject to the under 10 acre-feet per year and 35 gallons a minute requirements. If a project, development, or subdivision starts after the October 17, 2014, they are subject to the 1987 rules. These rules state that wells do not need to be physically manifolded in order to be considered a combined appropriation.

The definition of a subdivisions with pre and post October 17, 2014 start dates, consists of a combination of lots that are individually 20 acres or less. The following criteria for are two or more wells from the same source that cannot exceed 10 acre-feet per year or 35 gallons per minute.

Two or more wells physically manifolded together are always considered a combined appropriation.

Any lots less than 20 acres that are a part of a subdivision with an application submitted on or before October 17, 2014, are grandfathered in and the 1993 rules apply.

Lots greater than or equal to 20 acres existing before or after October 17, 2014, are subject to the 1987 rules. Wells within 1,320 feet of each other on the same lot are considered to be a combined appropriation. If there are any new 20+ acre lots in addition to the original subdivision, they are not considered part of the subdivision and are not required to share the 10 acre-feet limit.

Any subdivision created after October 17, 2014 or an application submitted after that date is a combined appropriation that must receive a pre-determination from the DNRC that evaluates and states that all of the exempt wells for the subdivision will stay at/under a combined 10 acre-feet appropriation.

The average standard that the DNRC uses when making its pre-determination is the use of .28 acre-feet per household, which would allow for about 35 houses in a subdivision. The DNRC will not accept applications with proposed per house estimate less than .28 acre-feet per house unless it has been approved by the DEQ.

Appropriations >3,000 acre-feet

As of July 1, 1991, the DNRC may not approve appropriation permits of ground water greater than 3,000 acre-feet per year. This does not apply to appropriations for municipal use, public water supplies, or by an applicant that irrigates the cropland they own and operate. The applicant must submit a petition to the DNRC. Once the DNRC verifies the permit, it is then passed to the state legislature. In order to be granted a water right that allows the appropriation of more than 3,000 acre-feet, the legislature must uphold the decision made by the DNRC after one or more public hearings.

Appropriations in Closed Basins

The state of Montana has closed several river basins from new water appropriations and water rights because of over appropriation and the concern for protecting existing water rights and fisheries. Under 85-2-319 of the Montana code, legislature can rule out, reject, or alter the conditions of permit applications in order to protect the river basin, the rights of senior water rights, or poses a threat to environmental quality.

A proposal for a new appropriation of ground water in a closed basin must be accompanied with a hydrogeological report. If the hydrogeological report discovers that there will be no net depletion of surface water, the permit application will go through the permitting steps. If there is a net depletion of the surface water, the DNRC will determine if the depletion will negatively impact prior water rights. If it negatively impacts prior water rights, then the applicant must also submit an aquifer recharge or mitigation plan. If there is no impact, then the application proceeds.

For a full list of Controlled Groundwater Areas, Administrative Rule Closures, Department Ordered Closures, Legislative Closures, and Compact Closures, visit the DNRC’s Montana Basin Closures and Controlled Groundwater Areas Report. 

A map of the closures can also be found here: http://dnrc.mt.gov/divisions/water/water-rights/docs/new-appropriations/wrb_closurescgwas.pdf

Ten basins have been closed by rules through petition. The DNRC closed Milk River basin, six basins have been closed by legislative action, and compacts have closed portions of 34 other basins.

Leasing Water Rights for Road Construction

Often times road construction and dust control require the use of water. Individuals who own a Montana water right can lease their water to Montana road construction contractors. In order to be in compliance with the law, the following must be met:

The lease can run for a maximum of 90 days and can divert up to 60,000 gallons of water per day or the amount of the water right, whichever is less.

All combined short-term leases cannot divert more than 120,000 gallons per day for a single project.

The DNRC does not need to approve the lease, but the lessee must publish a notice or mail all affected personnel affected by the water lease 30 days before the project begins.

The lessee must submit a copy of the aforementioned notices and lease agreements to the DNRC at least 2 days before the use of the water.

Leasing a water right for road construction can be a great additional revenue generating opportunity for any property with water rights.

Temporary Permits

Temporary permits are granted to users who want to appropriate water for a limited period. Often, temporary permits are used for oil and gas exploration or highway construction. To acquire a temporary permit, applicants must provide all the information a normal permit requires. Temporary permits have expiration dates that determine the end use of the permit and the water that accompanies it.

Interim Permits

Sometimes, interim permits are granted to applicants to appropriate water while their application is pending. This allows the applicant to construct and use water while their final application awaits acceptance or denial. Upon denial, appropriation must stop immediately. This can be a tough situation upon denial for the user.

Water Reservations

Water reservations are provisions granted only to the State of Montana, political subdivisions, state agencies, or the United States and its agencies. The DNRC is in charge of water reservations and the applications for them. Water reservations are established to maintain minimum stream flows, protect water quality, future beneficial use, and fish and wildlife protection and conservation.

Instream Use and Leasing

During times of drought, consumptive water rights for irrigation, domestic use, or other consumptive uses, threaten fisheries. For this reason, the Montana Legislature created laws to allow water originally specified for consumptive use to be temporarily transferred to instream use. While this can bring hardship to users the effect of losing fisheries could be staggering to the Montana economy. Converting a portion or all of a consumptive right to instream use can be another revenue generating opportunity for your property.

History

So, let’s start from the beginning on Montana water rights. If you have a water right it does not mean you own the water. The state of Montana owns all water whether it comes from surface, underground, flood, or atmospheric sources. This is spelled out in the Constitution of Montana under Article IX. However, what you do get with a water right is the right to use the water.

Montana water rights are based on the prior appropriation doctrine, which states that first in time is first in right. This means the first person to use the water in a beneficial way has established that water right and has the first chance to use it in the future. This doesn’t mean you can hoard water above what you need for your beneficial use. For instance, someone can use what they need to irrigate their land, but can’t necessarily keep water above and beyond what was originally needed to irrigate their acreage. Beneficial use means that the water must be used in a way that benefits the appropriator, other persons, or the public. These uses included but are not limited to, agriculture, stock water, domestic, fish and wildlife, industrial, irrigation, mining, municipal, power, and recreational uses.

In 1972, the Montana Constitutional Convention recognized that the regulation and record keeping of water rights were broken and needed to be resolved. They started by acknowledging all existing rights that originated before July 1, 1973. You can bet there was a rush to establish existing rights before July 1,1973! This included all use rights, decreed water rights, and filed rights and made them all equally valid, which upheld the prior appropriation doctrine and over 100 years of precedent. Next, the convention charged the Montana Legislature with providing administration, control, and regulation of water rights and establishing a centralized record system. The Legislature enacted Title 85, Chapter 2, MCA, commonly referred to as the Montana Water Use Act.

Montana Water Use Act

The Montana Water Use Act changed future water rights administration in five ways.

Water rights existing before July 1, 1973 were to go through the adjudication process and be finalized through the state courts.

A permit system for new or additional water rights was established.

Changes in water rights were now to go through a system that had to be authorized and validated.

Instead of county recordings of water rights a new statewide centralized system was established for continuity and access to the rights.

Future use and instream water flows were established to ensure water quality and to protect wildlife and fisheries. This system was to protect a water reserve for future consumptive, fishery, and wildlife use.

Administration

Seven state entities now play a role in administering water rights in the state of Montana. The entities include the Montana Department of Natural Resources and Conservation (DNRC), the Montana Water Court, The District Courts, the Reserved Water Rights Compact Commission (RWRCC), the Attorney General, the Water Policy Interim Committee (WPIC) and the Environmental Quality Council (EQC).

Department of Natural Resources and Conservation

The DNRC administers and regulates all the water uses established after June 30, 1973. They train water commissioners who measure streams for water rights. They are also in charge of a central records system for all permit changes, certificates, and water reservations dated after June 30, 1973.

Montana Water Court

The Montana Water Court is tasked with adjudicating water rights claims that existed before July 1, 1973. The court decides on legal issues that may arise in the processing of permits, change applications, or disputes filed by the District Courts. The District Courts can issue the stoppage of water use until a decision is made by the Montana Water Court on water rights issues.

Attorney General

The Attorney General can intervene on behalf of the state in any adjudication of water rights claims that are being processed by the Water Courts.

Environmental Quality Council

The EQC:

Updates and advises the Legislature on developments that pertain to water rights

Acts and oversees the policies of the DNRC and any other organizations that deal with state water.

Is the direct communicator to the public on water policy.

Water Policy Interim Committee

The WPIC coordinates with the EQC to avoid overlapping efforts. The WPIC oversees the study of Montana water policy and looks for any new amendments to current or purposed policies.

Adjudication of Pre-1973 Water Rights

Adjudication is the process of formalizing a decision about a problem or disputed matter. Therefore, the adjudication of water rights is the process of formalizing water rights claims, settling disputes about water rights and usage, as well as water rights ownership and precedence.

When there was a dispute before the July 1, 1973 deadline, it was a tedious process of going back and trying to establish who had what water rights and the amount of water that the user was able to appropriate. This was done through interviews, old aerial photos, canal agreements, filings, carrying capacity, and flow rates of ditches and even examination of electrical bills when irrigation is run by electricity. Abstracts of water rights or statements of claims, can be helpful but should not be solely relied upon. The abstracts will often represent how many acres the right will irrigate. While rarely entirely false, they have been known to be off on the acreage that the water right will irrigate. Many times when looking at property you will have multiple answers on how many acres a water right will irrigate. Variances of 10-20% are common from what we have seen. A user will many times over use until they are called on it or under use due to many factors such as soil conditions, etc…That is why we always advise clients to hire a water consultant or attorney that specializes in water rights to get a good grasp of just how much water the buyer is entitled to.

This antiquated way was one of many reasons that the Montana Legislature enacted the Montana Water Use Act. This required all water rights owners to file their rights with the state and these rights to be validated through a statewide adjudication process. Adjudication was a judicial proceeding to determine the type of right and extent of all water rights established before the July 1, 1973. There were some late filings allowed to some extent after the deadline but those rights were put in more of a junior status after the claims filed before the deadline.

Once the Montana Water Use Act was enacted, the Montana Water Court, assisted by the DNRC, started the adjudication process of water rights and the claims to them that were granted after June 30. 1973. The starting point of the process was in the Powder River Basin in 1973. The DNRC collected and investigated water rights claims for this region, but after six years of intense field work, completion of the adjudication process for the Powder River Basin appeared distant. With 85 different basins in the state of Montana, a new process needed to be implemented.

To remedy this problem, the Legislature passed Senate Bill No. 76 (SB 76) in 1979 which amended the adjudication process from adjudicating one basin at a time to perform a comprehensive adjudication of the entire state.

Adjudication by the Montana Water Court

The Montana Water Court is the entity that oversees the adjudication of all Pre-1973 water rights. The Water Court Water Judges, Water Masters, and other personnel are monitored by the Montana Supreme Court. The Montana Water Court is in Bozeman with several regional offices in Billings, Glasgow, Havre, Helena, Kalispell, Lewistown, and Missoula. Regional offices have specified counties that they oversee. The Chief Water Judge is appointed by the Chief Justice of the Montana Supreme Court. The Chief Water Judge supervises all division Water Judges as well as guides the adjudication process across the state. They also assign cases to Water Master, division Water Judges and Associate Water Judges.

Adjudication by the Department of Natural resources and Conservation

The DNRC assists the Water Court with the adjudication process by providing information and technical support to Water Judges and persons filing claims. They also help conduct field investigations of claims at the request of Water Judges.

For claims involving Indian tribes and federal entities, the Reserved Water Rights Compact Commission (RWRCC) negotiates on behalf of the Governor. The RWRCC may choose to form a compact with the entity or tribe as a form of adjudication of water rights for these special entities.

Adjudication by the Water Adjudication Bureau

A division of the DNRC, the Water Adjudication Bureau, assists the Water Court examining all claims and providing a summary report to the Water Court on each of the basins in the state. As of 2015, the Bureau completed the examination of 57,000 claims and must provide summary reports on the remaining 30 basins by June 30, 2020. As of July 1, 2015, the Bureau is responsible for reexamining 90,000 claims in 44 basins that were previously decreed under old rules instead of under the claim examination rules. The reexamination of these basins must be completed by June 30, 2023. The Bureau reports quarterly to the WPIC and assists the Water Court and District courts in the enforcement of decrees issued by the Water Court.

To see the current Adjudication progress and status for Basins across the state, visit the DNRC’s website. 

Adjudication

The adjudication of existing Montana water rights was the first and foremost priority for the Legislature and the agencies involved in the claims process. The order of adjudication for basins is determined by a variety of factors, however for a basin to receive adjudication priority it must have:

Recurring shortages that result in urgent water right controversies.

Federal or Indian water rights negotiations nearing completion.

Locations that facilitate efficient use of department and Water Court resources.

Proceedings nearing a final decree issuance.

Having a priority order for a basin you have a water right in, hastens the pace at which the water basin and your water rights are declared. So if you have a Senior right that means your right was established before others claims. Claims go well back into the 1800s and I have seen Territorial rights that go back when this was still Lonesome Dove and before times.

In 1979, a Water Rights Order was issued by the Montana Supreme court that required all people claiming existing water rights to file a claim by January 1, 1982 with the DNRC. If a person claiming an existing water right did not file by the deadline, a presumption of abandonment of the right was implemented. The deadline was extended to April 30, 1982, resulting in a total of more than 200,000 claims to the DNRC and Water Courts. A law passed in 1993 allowed late claims to be filed through July 1, 1996 which resulted in 4,500 additional claims. The late claims are lower-ranking, which means that federal and Indian compacts, timely filed claims, and some new rights have precedence over them.

Exemptions for filing a claim were given to existing water rights claims for livestock and domestic use. These existing water rights used instream flows or ground water sources and were not required to file a claim. However, they could voluntarily file a claim. Exempt water rights that were filed during the adjudication process would be included in the decree of the respective basin. Exempt claims that were not filed, were not included in the decree for the respective basin.

The claims process required the following information from the claimant:

Name and Address

Name of Watercourse (water source) the right was being claimed for

Quantities and times of claimed water use

Legal description of the point of diversion and place of water use

Purpose of use

Number of acres irrigated (if applicable)

Approximate date of beneficial use

Sworn statement of correctness and truthfulness of the claim

Supporting documents such as plats, aerial photos, maps, or decrees.

In order to come to a decree, the final product of a basin adjudication, several stages must be met. The progression through the process to come to a final decree includes the stages of examination, temporary preliminary or preliminary decree, public notice, objections, hearings, resolutions, and final decree.

Examination

The first step in the decree process is examination. In this stage, the DNRC evaluates claims to see if they are accurate, complete, and reasonable. If errors or discrepancies are found, the DNRC contacts the claimant to resolve the errors. If an agreement cannot be made between the DNRC and the claimant, an issue remark is placed on the claim. Before a final decree can be issued, all issue remarks must be reconciled. When all examination is completed, a Summary Report is issued to the Water Judge who uses the information to create a basin decree.

Temporary Preliminary Decree

When a basin involves reserved water rights for federal entities or Indian tribes that are undergoing negotiations, a Water Judge will issue a temporary preliminary decree. This decree defines all claimed rights except those reserved. Once a compact is closed, it can be included into a preliminary decree.

Preliminary Decree

If there are resolved compacts or no reserved water rights, the Water court issues the preliminary decree. This decree is based on claim statements, the DNRC’s Summary Report, and water compacts, if included.

Public Notice

Once a temporary preliminary or preliminary decree is issued, a notice is sent to all parties affected by the decree. Along with the notice is information regarding the deadline for objections.

Objections

If a claimant has an objection, it is important that the objection is filed. If a claimant fails to file an objection, they may not be allowed to file an objection later. Often, claimants have between 180 to 360 days to file an objection. Objections can be for personal claims, the claims of others in the basin, or if the decree appears to have incorrect information. After the objection deadline, every filed objection is given a notice and a 60-day counter objection period.

Hearings

The Water Court will hold a hearing to evaluate all disputes and objections. The DNRC, any person named in the decree, any interested person, or anyone affected by the decree in another basin that is hydrologically connected to the basin being decreed, can object to any portion of the decree.

Resolutions

The first step in the resolution process is to resolve all issue remarks. The Water Court reviews all elements of the issue remark to determine if information can be collected to resolve the issue remark or if the issue was simply a clerical error. If the issue cannot be resolved, the DNRC will meet with the claimant to try to resolve the issue in an informal way. If the issue is resolved, all necessary paperwork will be submitted to the Water Court for final approval. If the issue is not resolved between the DNRC and the claimant, the Water Court will schedule a proceeding to resolve the issue. Following the hearing, the Water Court will release a final decision on the issues and objections.

Final Decree

When all resolutions have taken place, the Water Judge issues the final decree. The final decree includes the flow rate, priority date, beneficial use, time and place of use, water source, and place and means of diversion for each water right. The DNRC issues a Certificate of Water Right for each water right and files a copy in their centralized records system.

New Appropriation of Water

The first step in claiming a new water right is to confirm if you already have one that you do not know about. You may have acquired a water right along with the purchase of your land. You may have an existing water right if:

Water was previously used on the property before you gained possession of it.

The previous owner filed a claim with the Water Court claiming pre-July 1, 1973 use.

The previous owner was issued a permit by the DNRC

The water right was not reserved in the deed conveying the property to you.

The water right has not been abandoned or revoked because of noncompliance or non-perfection.

If a previous water right does not exist, you will have to go through the application process with the DNRC. The type of application you are required to submit depends on the type of water right you are seeking. The different types of water rights can be found at the beginning of this report. The first application form that every applicant must complete is the Application for Beneficial Water Use Permit (Form 600). There are several variations of this form for each specific type of water right. Make sure to fill out the correct form. This application requires:

Intended use description

Place of use

Point of diversion

Diversion equipment

Supply source

Water volume to be used

Other requirements specific to each type of water right

Once the application is submitted with the appropriate application fee, the DNRC reviews it for correctness and completeness. If it satisfies these two criteria, the DNRC will evaluate the application for the proposed water right. The date the DNRC receives the application will be the priority date if the appropriation is granted. If information is incomplete, the DNRC will send a deficiency letter within 180 days of receiving the application. The applicant then has 90 days to make changes to the application or else it will be terminated. If the application is not corrected within 30 days, the priority date will change to the date the application was corrected.

While the application is being processed, an environmental review will be conducted to determine if the water right will impact the environment. If an environmental impact is identified, an environmental impact statement will be required to create a complete and correct application.

Within 120 days of the DNRC determining the application is correct and complete, they will release a preliminary determination which will tell the applicant if the DNRC is more likely to grant or deny the application. If the preliminary determination is to grant the application it will go to public notice for objections. The DNRC can also add additional conditions to the permit if they see fit. If the preliminary determination is to deny the application, the applicant can request a hearing where they can provide additional evidence to why the application should be granted. If the verdict is to still deny the application after the hearing, the applicant can appeal to the District Court. If after the hearing, the DNRC decides to grant the application, the preliminary determination will be changed and will be forwarded to public notice.

If a water right application is believed to have adverse effects on exiting water users, the DNRC will notify all who may be affected by the new application. Current users can file an Objection to Application (form 611) with a processing fee, that must explain the effect of the new application on their own rights. If there are no objections, a final permit is granted to the applicant for a new water right. If there are objections, the DNRC will hold hearings on why the new application will adversely affect existing water rights or the doubt of the new applicant being able to meet the required criteria of the application. The hearing examiner can then decide to grant, modify, or deny the permit. After the decision, objectors have 20 days to file additional exceptions to the proposed decision. If no exceptions are filed or all exceptions have been applied, the DNRC will file a final order.

Once an applicant receives the permit, they must then construct the project, appropriate the water, and use it for the use identified in the application. They then must submit a Notice of Completion of Permitted Water Development (form 617) to the DNRC. If the applicant fails to do so, the water right will be terminated. An applicant may submit an Application for Extension of Time (form 607) if problems arise preventing the timely completion of the project by its deadline.

Once the project is completed, the DNRC evaluates the completion notice on the completion of the project, the use of water is correct, and the water basin the permit resides within has been adjudicated. A certificate of Water Right will be issued with a priority date that is the same as the original permit.

Changes in Water Use

In Montana, water rights can be changed as long as they meet certain criteria. The place of diversion, use, purpose of use, or place of storage may all be changed. In order to make a change, an Application for Change of Appropriation Water Right (form 606), must be filed and approved by the DNRC. Change proposals must not hurt other water rights, the water must continue to be used for beneficial use, the diversion, construction and operation of the appropriation are in accordance with DNRC rules, and the applicant has access and permission to the new place of use. The increase in diverted water and consumption that the DNRC will grant is up to the historic amount of water appropriated in the past. This is also where the DNRC might change the amount of water allowed to be used. There is a negotiation process that is gone through. For instance, if your use is going to a more efficient use and can irrigate the acreage with less water, then the DNRC might reduce the amount of water under the right. Applicants must provide information and evidence to substantiate the historic usage amounts. The DNRC may decide to grant the entire change, a portion of it, or deny it. The process for changing the use of a water right proceeds through the same process as permits for appropriation. Once a change is granted, the appropriator must submit a Notice of Completion of Change of Appropriation Water Right (form 618) to the DNRC.

If an applicant submits a change application to change the purpose or place of use for the appropriation of 4,000 or more acre-feet of water per year or 5.5 or more cubic feet per second they must prove that:

The change will not adversely affect existing water rights or planned developments where a water permit or certificate has been issued.

The diversion, construction and operation for appropriation are adequate with DNRC code.

The water continues to be used beneficially.

The applicant directly possesses the property where the water is being used or has written consent from the person who owns the property where the water is to be used.

The new appropriation is of reasonable use based on current and future demand of water.

The new appropriation benefits the state and the applicant.

The effects on the quality and quantity of water to be used by other water rights holders does not change adversely

The probability of adverse environmental impacts are pursuant to Title 75, Chapter 1, or Title 75, Chapter 20.

If the change application involves transporting water out of state, the applicant must provide the criteria in section 85-2-402(6) and be granted approval by the legislature. http://leg.mt.gov/bills/mca/title_0850/chapter_0020/part_0040/section_0020/0850-0020-0040-0020.html

Temporary Change in Appropriation Water Rights

Another change in water use can come from an appropriator being granted the ability to temporarily change their water rights with the approval of the DNRC. An application for Change of Appropriation Water Right (form 606), must be submitted with a Temporary Change Addendum (form 606TCA). These identify the proposed change and the length of time of the temporary change. A temporary change may be granted for a maximum of 10 years but can be renewed for 10 more years. There is no limit to the number of times the temporary change can be renewed. In order for a temporary change application to be granted, the applicant must provide the same information required for a permanent change application.

An example of a temporary change in appropriation is changing a consumptive use right to an instream flow right. This helps with fishery conservation and can be voluntary. The owner may also choose to lease the water right for the purpose of protecting fisheries. The owner still has to submit an application as above, but can capitalize on leasing opportunities or temporary altering an unused consumptive water right to help the environment.

Marketing for Aquifer Recharge of Mitigation

As of 2011, water rights holders can change all or part of their appropriation to recharge or mitigate aquifers. The appropriator can lease or sell the portion they wish to be used for recharge or mitigation. The volume and flow rate is then subtracted from the original owner’s volume and flow rate. The changes must be completed within 20 years and the appropriator must notify the DNRC within 30 days each time a portion of the change is completed. The purchaser or lessee must also apply for a Beneficial Water Use Permit.

Temporary Lease of a Water Right

Owners of water rights also have the option of leasing their water rights for other uses to lessees. Applicants must fill out a Temporary Lease of Appropriation Right (form 650). The conditions of a temporary lease include:

The water right must have been used in the past five years before the lease application date.

The water right can only be leased for the diversion period specified on the Certificate of Water Right.

The water right cannot be leased for more than two years every ten years.

The maximum volume of a leased water right is 180 acre-feet per year.

Only the consumptive portion of a water right can be leased.

Point of diversion cannot be changed.

Storage cannot be at the point of diversion or at the place of use.

While the water is leased, the original place of use must not be used by the owner of the water right.

Temporary leases are subject to objections from anyone adversely affected by the lease.

Salvaged Water

Salvaged water is water that has been saved through a water-saving method. Some water-saving methods include lining a ditch to reduce absorption or replacing irrigation ditches with pipelines to significantly reduce evaporation rates. If the appropriator wants to use the salvage water anywhere and for any purpose, they must submit an Application for Change of Appropriation Water Right (from 606), a Salvage Water Addendum (form 606 SWA), and meet all previous criteria required by the DNRC for changing a water right. This provides an incentive for farmers and ranchers to use water-saving methods in order to increase the possible volume of their water rights.

Water rights in Montana can change in use as long as the proper documentation is provided. Owner’s choose to change the use of their water rights if they are altering the operations of their farm or ranch or wish to turn their water right into an additional revenue stream. For example, if you wanted to start a water bottling plant instead of irrigating part of your land you can do that if the DNRC blesses the change. However, you should not count on all changes being treated the same. If you were flood irrigating your land and you want to change to a water bottling plant you may not get the full amount of water to bottle that you were granted for flood irrigation. The DNRC would calculate absorption, evaporation, and many other factors to see if the use volume needs to be adjusted to not adversely affect other water rights holders.

Water Right Ownership

Becoming an owner of a valuable water right can happen several ways including, filing a claim for a pre-1973 water right, filing for a new appropriation, buying a water right separate from a property, or purchasing a property with an existing water right. Water rights in Montana are transferable, like we said above, and can be severed from the land. The use, location, or point of diversion can also be changed or transferred depending on the situation. Changes usually have to be within the same basin that the original water right is held. For example, you can’t have a water right in Eastern Montana and transfer it successfully to the Gallatin Basin.

When a property is sold, the seller must stipulate whether water rights are to transfer to the purchaser with the land or are to stay with the seller. For this reason, among others, we recommend you use an attorney or legal representative who is an expert on water rights before finalizing a contract. This will ensure that you gain possession for valuable water rights when you expect to. If a water right is to be transferred, it will appear on the Realty Transfer Certificate. Additionally, a fee is required and information on the water rights will be updated by the Department of Revenue and the DNRC. If the fee is not paid, the DNRC will notify the buyer. The buyer has 60 days to pay the fee or risk a penalty from the DNRC.

If a water right is not included in the sale of a property, a Certification of Water Right Ownership Update form must be completed to finalize the reservation of a water right.  Furthermore, the seller must also submit a DNRC Ownership Update Exempt (Reserved) form (form 642). This form must also be submitted if a water right is being severed from a piece of land that is not being sold. When purchasing a piece of property it is critical that you identify whether the water rights, if applicable, are to be transferred to you upon purchase, or if the seller is holding them in reserve for themselves.

Whether you have a pre-1973 water right or a newly appropriated water right, there are some stipulations in using and keeping the water right. These include following the rules regarding the period of use, the place of use, the type of use, and all other requirements that pertain to specific types water rights. Some additional stipulations include the beneficial and continuing use of the water. Beneficial use means that the water is put to use for the user, other persons, the public and can include agricultural, domestic, fish and wildlife, commercial, municipal, power and recreational uses. Secondly, there has to be a continuing use. You can’t establish the right and then not use it. That would be called abandonment and you would lose the water right. This would not apply if water was not available to you in a given time period because senior rights did not leave leftover water for you to fulfill your right. The distribution of water rights in Montana, is a “first in time, first in right” system. This means that water rights with an older priority date, senior rights, have first stakes on appropriating the volume of water they have the right to. Junior rights are water rights that succeed the senior rights and may be exercised once the senior appropriator exercises their right.

Conclusion

Montana water rights are changing. The old days of multi- generational ranches with decades of knowledge of water uses and strong neighbor relationships is changing to new owners that don’t live year-round on the property and don’t know their neighbors well. New owners with limited knowledge of water rights and the historical use must rely on water consultants and lawyers who specialize in the verification and establishment of water rights. They also help current owners keep their water rights by making sure they are exercising their appropriation in accordance to their water rights. I would encourage anyone that has issues or questions on water rights to call the DNRC or go to their office to get explanations. You will find them helpful and knowledgeable. Many times I have thought a property was shut out from water or I was confused on use and having them sit down and walk me through that specific situation and potential uses was immensely helpful. That being said, after talking with the DNRC, you still need to hire a water right attorney/consultant to confirm what you think and have heard.

This report is to help educate you in water rights for Montana. If you are not confused, you should be, because there are numerous rules, exceptions, forms, and agencies that you might have to deal with. What we hope you take away from the report is a general understanding of water rights and an encouragement to dive in and learn about your water rights situation. We have done this for 50 years and still get confused, so what a neighbor, real estate agent, gate checker, water rights commissioner, etc.. is telling you can be woefully incorrect. I’m not saying they are doing it on purpose, but being educated in your water rights and what you can do with them or a knowledge of what you are purchasing, is critical. Those that are the most educated are at a big advantage over those that are just going off what they hear. Having your water right in hand and going and spending a day at the DNRC and Water Court can be incredibly enlightening and educational. It also gives you the knowledge to document what you own for future generations. Water is going to be an increasingly valuable asset in the future and our hopes are that by reading this you will start the journey of knowing what you own or what you are purchasing. If you found this report helpful, I would encourage you to register via email for future informational reports and like us on Facebook for updates. Let us know if we can ever help you in any way! Feel free to contact me at 406.580.4774 or buzz@venturewestranches.com.

If you enjoyed this report, you may also enjoy our 2018 Montana Ranches for Sale Real Estate Report or our 2018 Montana Cattle Inventory Report as well all of our articles that are available here. 

  Resources

http://leg.mt.gov/content/Publications/Environmental/2014-water-rights-handbook.pdf

http://dnrc.mt.gov/divisions/water/adjudication

http://dnrc.mt.gov/divisions/water/water-rights/docs/new-appropriations/combined-appropriations-guidance.pdf

http://dnrc.mt.gov/divisions/water/water-rights

http://leg.mt.gov/bills/mca/title_0850/chapter_0020/part_0030/section_0170/0850-0020-0030-0170.html

http://dnrc.mt.gov/divisions/water/water-rights/docs/new-appropriations/montana-basin-closures-and-controlled-groundwater-areas-2016.pdf

http://dnrc.mt.gov/divisions/water/water-rights/docs/new-appropriations/wrb_closurescgwas.pdf

http://dnrc.mt.gov/divisions/water/water-rights/new-appropriations-program

About the Author

Connor Mayberry

Digital Marketing and Content Manager

Connor Mayberry is a senior at Montana State University, majoring in Marketing with a minor in Entrepreneurship and Small Business Management. He strategically writes and creates content that compliments the Montana farms and ranches for sale on the website.  

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