A Buyer's Guide to Montana Water Rights

Who can use Montana's water? How much can they use? At what time? What uses are legal? Such questions lead into the realm of water rights—a blend of laws, regulations, and traditions that govern the distribution of Montana’s water among its many users.

This guide intends to provide an Oregon land trust with the information necessary to allow it to address

water rights as part of conservation transactions. First, the guide provides an overview of Oregon water law.

Next, the guide outlines the due diligence process for water rights.

This handbook was developed to provide basic tools for understanding Washington water rights. If you own land with water rights, want to buy or sell land with water rights, or want to transfer water rights, this handbook can help you become more knowledgeable.

This guidebook contains information about water resources and water rights, conservation tools, best practices and practical guidance. Section 1 presents an overview of water resources and water rights in Arizona.

This document contains sample language from the Colorado Water Trust for maintaining water rights in an easement.

This paper describes efforts to protect water rights on conserved lands in the West.

The primary concepts of Nevada water law are the Rule of Priority (“First in time, first in right”) and the Beneficial Use Requirement (“Use it or lose it”). The first to obtain and perfect a water right has priority over other users.

This guide provides land trust staff and other land acquisition practitioners with information about key aspects of water rights.

This article analyzes the Internal Revenue Code and U.S. Treasury regulations to determine if the donation of a partial interest in water rights can qualify for a tax deduction. Some donations of partial interests in water rights have already been allowed as tax deductible charitable contributions.

Can the promise of conservation compete against the paycheck from selling a property or water right? And can land and water trusts protect Colorado’s valuable water rights and vast ag lands before they’re lost?