Mont. Code Ann. » TITLE 85. WATER USE · CHAPTER 2. SURFACE WATER AND GROUND WATER · Part 4. Utilization of Water
Montana Code Annotated

Mont. Code Ann. § 85-2-411 (2026)

Water Turned Into Natural Channels

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 85
  3. CHAPTER 2
  4. Part 4
  5. 85-2-411 Water turned into natural channels

TITLE 85. WATER USE

CHAPTER 2. SURFACE WATER AND GROUND WATER

Part 4. Utilization of Water

Water Turned Into Natural Channels

85-2-411. Water turned into natural channels. Water appropriated under an existing right or pursuant to this chapter may be turned into the natural channel of another stream or from a reservoir into the natural channel and withdrawn or diverted at a point downstream for beneficial use, but the waters of that stream may not thereby be diminished in quantity or deteriorated in quality to the detriment of a prior appropriator. Water stored in a reservoir under an existing right or pursuant to this chapter which is turned into a natural channel for withdrawal or diversion and beneficial use downstream shall not be considered a part of the natural flow of that stream.

History: En. 89-891.1 by Sec. 1, Ch. 103, L. 1974; R.C.M. 1947, 89-891.1.

Notes of Decisions
Cited in 7 cases, 1979–2016 · leading case: Hidden Hollow Ranch v. Fields, 2004 MT 153, 92 P.3d 1185.
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Hidden Hollow Ranch v. Fields, 2004 MT 153, 92 P.3d 1185. · cites it 13× “Did the District Court erroneously shift the burden of proof to Hidden Hollow, in contravention to § 85-2-411, MCA, to prove how much water Hidden Hollow contributed to the natural drainage from its independent source? ¶6 4.”
Holmstrom Land Co. v. Hunter, 595 P.2d 360 (Mont. 1979). · cites it 6× “1947, now section 85-2-411 MCA, provides: "Water appropriated under an existing right or pursuant to this chapter may be turned into the natural channel of another stream or from a reservoir into the natural channel and withdrawn or diverted at a point downstream for beneficial…”
Eldorado Co-Op Canal Co. v. Lower T, 2014 MT 272, 337 P.3d 74. · cites it 3× “See also § 85-2-411, MCA, allowing water to be turned into a natural stream channel and diverted downstream.”
Bitterroot River Prot. Ass'n v. Bitterroot Conservation Dist., 2008 MT 377, 198 P.3d 219. · cites it 2× “Water appropriators are permitted to direct water into “the natural channel of another stream,” § 85-2-411, MCA, but doing so, as discussed herein, does not render either the flow or the channel “unnatural.”
Granite Cnty. Bd. of Commissioners v. McDonald, 2016 MT 281, 383 P.3d 740. · cites it 4× “¶15 The Water Court summarized the relationship between upstream storage and downstream senior appropriators: To summarize, downstream appropriators of irrigation rights with senior priority dates are entitled to the natural flow of a stream as it existed at the time of…”
Bitterroot River Prot. Ass'n Inc. v. Bitterroot Cons. Dist., 2008 MT 377, 198 P.3d 219. · cites it 2× “[15] Water appropriators are permitted to direct water into "the natural channel of another stream," § 85-2-411, MCA, but doing so, as discussed herein, does not render either the flow or the channel "unnatural.”
City of Livingston v. Park Conservation Dist., 2013 MT 234, 307 P.3d 317. · cites it 3× “Section 85-2-411, MCA; Hidden Hollow Ranch v.”
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