Mont. Code Ann. » TITLE 85. WATER USE · CHAPTER 2. SURFACE WATER AND GROUND WATER · Part 2. Adjudication of Water Rights
Montana Code Annotated

Mont. Code Ann. § 85-2-224 (2026)

Statement Of Claim

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 85
  3. CHAPTER 2
  4. Part 2
  5. 85-2-224 Statement of claim

TITLE 85. WATER USE

CHAPTER 2. SURFACE WATER AND GROUND WATER

Part 2. Adjudication of Water Rights

Statement Of Claim

85-2-224. Statement of claim. (1) The statement of claim for each right arising under the laws of the state and for each right reserved under the laws of the United States that has been actually put to use must include substantially the following:

(a) the name and mailing address of the claimant;

(b) the name of the watercourse or water source from which the right to divert or make use of water is claimed, if available;

(c) the quantities of water and times of use claimed;

(d) the legal description, with reasonable certainty, of the point or points of diversion and places of use of waters;

(e) the purpose of use, including, if for irrigation, the number of acres irrigated;

(f) the approximate dates of first putting water to beneficial use for the various amounts and times claimed in subsection (1)(c); and

(g) the sworn statement that the claim set forth is true and correct to the best of claimant's knowledge and belief.

(2) A claimant filing a statement of claim under subsection (1) shall submit maps, plats, aerial photographs, decrees, pertinent portions of those documents, or other evidence in support of the claim. All maps, plats, or aerial photographs should show as nearly as possible to scale the point of diversion, place of use, place of storage, and other pertinent conveyance facilities.

(3) Any statement of claim for rights reserved under the laws of the United States that have not yet been put to use must include substantially the following:

(a) the name and mailing address of the claimant;

(b) the name of the watercourse or water source from which the right to divert or make use of water is claimed, if available;

(c) the quantities of water claimed;

(d) the priority date claimed;

(e) the laws of the United States on which the claim is based; and

(f) the sworn statement that the claim set forth is true and correct to the best of the claimant's knowledge and belief.

History: En. Sec. 13, Ch. 697, L. 1979; amd. Sec. 2, Ch. 667, L. 1985; amd. Sec. 2759, Ch. 56, L. 2009.

Notes of Decisions
Cited in 12 cases (1 in the last 5 years), 1985–2021 · leading case: State Ex Rel. Greely v. Water Court of State, 691 P.2d 833 (Mont. 1985).
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State Ex Rel. Greely v. Water Court of State, 691 P.2d 833 (Mont. 1985). · cites it 10× “Section 85-2-224(1) (c) & (f), MCA. As previously noted, under the Winters Doctrine, an Indian reserved water right generally has a priority date as of the date on which the reservation was created.”
State Ex Rel. Greely v. Confederated Salish & Kootenai Tribes of the Flathead Reservation, 712 P.2d 754 (Mont. 1985). · cites it 6× “Section 85-2-224(3), MCA, permits a “statement of claim for rights reserved under the laws of the United States which have not yet been put to use.”
Montana Trout Unlimited v. Beaverhead Water Co., 2011 MT 151 (Mont. 2011). · cites it 2× “); §§ 85-2-224 through-235, MCA. ¶ 3 On April 6, 2007, the Water Court issued a temporary preliminary decree in Basin 41D, the Big Hole River.”
In Re the Adjudication of the Existing Rights to the Use of All the Water, 2002 MT 216 (Mont. 2002). · cites it 2× “, § 85-2-224, MCA (statement of claim for federal reserved water rights); § 85-2-234(2), MCA (terms of negotiated Indian water rights compact must be included in final decree without alteration); § 85-2-234(3), MCA (final decree must establish existing rights and priorities of…”
In re the Beneficial Water Use Permit Nos. 66459-76L, Ciotti 64988-g76L, Starner, 923 P.2d 1073 (Mont. 1996). · cites it 2× “, § 85-2-224, MCA (statement of claim for federal reserved water rights); § 85-2-234(2), MCA (terms of negotiated Indian water rights compact must be included in final decree without alteration); § 85-2-234(3), MCA (final decree must establish existing rights and priorities of…”
Eldorado Coop Canal Co. v. Lower Teton Jt. Objectors, 2016 MT 94 (Mont. 2016). · cites it 3× “Section 85-2-224, MCA. After that, other affected parties may file objections to challenge the extent of the claimed right.”
In re Establishment & Org. of the Ward Irrigation Dist., 701 P.2d 721 (Mont. 1985). · cites it 3× “First, the Comment to Rule 201 provides that “judicial notice can be taken at any stage of the proceeding, and includes within its scope “published maps or charts” Commission Comments, Rule 201, Mont.”
In Re the Activities of the Dep't of Nat. Resources & Conservation, 740 P.2d 1096 (Mont. 1987). · cites it 3× “Section 85-2-224, MCA. A claim of an existing right filed in accordance with the new act was to “constitute prima facie proof of its content” until the issuance of a final decree.”
Matter of Beneficial Water Use Permits, 923 P.2d 1073 (Mont. 1996). · cites it 2× “, § 85-2-224, MCA (statement of claim for federal reserved water rights); § 85-2-234(2), MCA (terms of negotiated Indian water rights compact must be included in final decree without alteration); § 85-2-234(3), MCA (final decree must establish existing rights and priorities of…”
Mack v. Anderson, 2021 MT 25 (Mont. 2021). · cites it 2× “4 ¶13 The Andersons assert the Macks’ 2015 Amendment lacked proper verification in that the attestation filed in support of their claim did not verbatim incorporate the language of § 85-2-224, MCA, which requires the statement of claim to be based on the claimant’s “knowledge…”
Matter of the Activities of Dnrc (Mont. 2006). · cites it 2× “(1) The implied claim shall include the items required pursuant to § 85-2-224, MCA. (2) The claimant's signature and notarization is required, unless otherwise ordered by the water court.”
State Ex Rel. Greely v. Mt. Water C (Mont. 1986). · cites it 2× “Section 85-2-224 ( 3 ) , MCA, permits a "statement of claim for rights reserved under the laws of the United States which have not yet been put to use.”
— Mont. Code Ann. § 85-2-224(1) — 1 case
State Ex Rel. Greely v. Water Court of State, 691 P.2d 833 (Mont. 1985). “Section 85-2-224(1) (c) & (f), MCA. As previously noted, under the Winters Doctrine, an Indian reserved water right generally has a priority date as of the date on which the reservation was created.”
— Mont. Code Ann. § 85-2-224(1)(c) — 1 case
State Ex Rel. Greely v. Water Court of State, 691 P.2d 833 (Mont. 1985). “Section 85-2-224(1) (c) & (f), MCA. As previously noted, under the Winters Doctrine, an Indian reserved water right generally has a priority date as of the date on which the reservation was created.”
— Mont. Code Ann. § 85-2-224(2) — 1 case
In re Establishment & Org. of the Ward Irrigation Dist., 701 P.2d 721 (Mont. 1985). “First, the Comment to Rule 201 provides that “judicial notice can be taken at any stage of the proceeding, and includes within its scope “published maps or charts” Commission Comments, Rule 201, Mont.”
— Mont. Code Ann. § 85-2-224(3) — 1 case
State Ex Rel. Greely v. Confederated Salish & Kootenai Tribes of the Flathead Reservation, 712 P.2d 754 (Mont. 1985). “Section 85-2-224(3), MCA, permits a “statement of claim for rights reserved under the laws of the United States which have not yet been put to use.”
— Mont. Code Ann. § 85-2-224(l)(c) — 1 case
State Ex Rel. Greely v. Water Court of State, 691 P.2d 833 (Mont. 1985). “Section 85-2-224(1) (c) & (f), MCA. As previously noted, under the Winters Doctrine, an Indian reserved water right generally has a priority date as of the date on which the reservation was created.”
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