What Are Water Rights?

In Montana, a water right is the legal right to use — but not own — water.

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Water rights are usually tied to the land where water has historically been used, but they are separate from property ownership. Owning land does not automatically mean you own the water.

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A water right defines:

WHO CAN USE IT

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HOW MUCH CAN BE USED

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WHERE IT CAN BE USED

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PURPOSE IT CAN BE USED

Why It Matters in the Gallatin?

Map of Missouri divided into three regions: Upper, Missouri, and Watershed, with major cities Great Falls, Helena, Bozeman, Ennis, Dillon, Butte, and Missoula marked, along with river systems.

The Gallatin Watershed is part of the Upper Missouri Basin.

The Upper Missouri River Basin stretches across southwest and central Montana and begins at the headwaters in Three Forks, where the Gallatin, Madison, and Jefferson Rivers join to form the Missouri.

Because the Gallatin River flows directly into the Missouri at this point, the Gallatin Watershed is part of the Upper Missouri Basin.

Why can’t someone just get a new water right?

The Upper Missouri Basin has been legally designated a closed basin since 1993. This means:

No new surface water rights can be issued
Any new use must come from an existing water right
New water demands must be offset through donation, lease, or transfer of an existing right

In other words, every drop from rivers, lakes, and reservoirs is already allocated — so any new use must be balanced by adjusting existing rights.

What about Groundwater

In Montana, drilling a new well requires a permit from the Department of Natural Resources and Conservation (DNRC).

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Because groundwater and surface water are connected, new wells can reduce streamflow or impact other water users. To prevent harm, most new uses must be mitigated — meaning the impact must be offset using an existing water right.

Gallatin Water Trust helps make this possible by connecting new users with water rights that can be donated, leased, or transferred to meet mitigation requirements and ensure the use is legally sound.