Mont. Code Ann. » TITLE 85. WATER USE · CHAPTER 2. SURFACE WATER AND GROUND WATER · Part 7. Indian and Federal Water Rights -- Water Rights Within Indian Reservations
Montana Code Annotated

Mont. Code Ann. § 85-2-701 (2026)

Legislative Intent

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 85
  3. CHAPTER 2
  4. Part 7
  5. 85-2-701 Legislative intent

TITLE 85. WATER USE

CHAPTER 2. SURFACE WATER AND GROUND WATER

Part 7. Indian and Federal Water Rights -- Water Rights Within Indian Reservations

Legislative Intent

85-2-701. Legislative intent. (1) Because the water and water rights within each water division are interrelated, it is the intent of the legislature to conduct unified proceedings for the general adjudication of existing water rights under the Montana Water Use Act. It is the intent of the legislature that the unified proceedings include all claimants of reserved Indian water rights as necessary and indispensable parties under authority granted the state by 43 U.S.C. 666. However, it is further intended that the state of Montana proceed under the provisions of this part in an effort to conclude compacts for the equitable division and apportionment of waters between the state and its people and the several Indian tribes claiming reserved water rights within the state.

(2) To the maximum extent possible, the reserved water rights compact commission established under 2-15-212 should make the negotiation of water rights claimed by the federal government or Indian tribes in or affecting the basins identified by 85-2-218 its highest priority. In negotiations, the commission is acting on behalf of the governor.

History: En. Sec. 27, Ch. 697, L. 1979; amd. Sec. 9, Ch. 651, L. 1987; amd. Sec. 466, Ch. 418, L. 1995; amd. Sec. 298, Ch. 42, L. 1997.

Notes of Decisions
Cited in 7 cases, 1985–2017 · 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 12× “The general intent of the legislature regarding Indian reserved water rights is set forth in § 85-2-701, MCA: " Legislative Intent. Because the water and water rights within each water division are interrelated, it is the intent of the legislature to conduct unified proceedings…”
In re the Beneficial Water Use Permit Nos. 66459-76L, Ciotti 64988-g76L, Starner, 923 P.2d 1073 (Mont. 1996). · cites it 3× “, § 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…”
Confederated Salish & Kootenai Tribes of the Flathead Reservation v. Stults, 2002 MT 280 (Mont. 2002). · cites it 2× “For example, the "practically irrigable acreage" standard applies to future irrigation or reservation land, not present irrigation practices and current consumptive uses. We explained that it is undisputed that the Tribes possess reserved water rights which the Tribes were then…”
In Re the Adjudication of the Existing Rights to the Use of All the Water, 2002 MT 216 (Mont. 2002). “, § 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…”
Confederated Salish & Kootenai Tribes v. Clinch, 1999 MT 342 (Mont. 1999). · cites it 2× “We explained that it is undisputed that the Tribes possess reserved water rights which the Tribes were then attempting to quantify through negotiations with the State of Montana pursuant to §§ 85-2-701 through -705, MCA and that "[u]ntil the formal negotiations are resolved,…”
Scott Ranch, LLC, 2017 MT 230 (Mont. 2017). · cites it 4× “For water rights based on appropriations after July 1,1973, the Act provides for a mandatory permitting process administered by the Department.”
Matter of Beneficial Water Use Permits, 923 P.2d 1073 (Mont. 1996). · cites it 3× “, § 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…”
— Mont. Code Ann. § 85-2-701(1) — 1 case
Scott Ranch, LLC, 2017 MT 230 (Mont. 2017). “For water rights based on appropriations after July 1,1973, the Act provides for a mandatory permitting process administered by the Department.”
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