Personal tools

Return to Top
DNRC Headquarters
1539 Eleventh Ave. Helena, MT 59601
Questions? Email us

CSKT Compact Registrations of Existing Uses


Jocko_Pivot.JPG

Sections 2-1-106 and 2-1-107 of the Ordinance (82-20-1901, MCA) allow for certain previously unrecorded State-based water uses (i.e., for which water has been put to use before the Effective Date of the Compact [9/17/2021] but for which a water right has not been previously issued by the State) to be registered with the Board within 180 days of the Compact's Effective Date. That registration deadline is: March 16, 2022. State-based uses eligible for registration include:

Form 602F: Pre-Effective Date Groundwater Developments

  • Previously unfiled uses of water that : 1) were put to use before 9/17/2021, 2) were exempt from state permit requirements under section 85-2-306, Montana Code Annotated, 3) have a flow rate no more than 35 gpm and a total volume no more than 10 acre-feet / year, and 4) are not part of the CSKT Tribal Water Right set forth in Article III of the Compact.

Form 605F: Pre-Effective Date Stock Water Developments

  • Previously unfiled uses of water that: 1) were put to use before 9/17/2021, 2) were exempt from state permit requirements under section 85-2-306, Montana Code Annotated, 3) have a capacity less than 15 acre-feet with an annual appropriation of less than 30 acre-feet, 4) are located on a non-perennial stream, 5) are constructed on and accessible to a parcel of land 40 acres or larger and owned or under the control of the applicant, 6) and are not part of the CSKT Tribal Water Right set forth in Article III of the Compact.

Form 222F-Domestic: for Domestic Uses
Form 222F-Stock: for Stock

  • Previously unfiled domestic or stock uses which: 1) were not required to be filed under section 85-2-222, Montana Code Annotated, 2) were developed before July 1, 1973 and 3) are not part of the CSKT Tribal Water Right set forth in Article III of the Compact.

  • Previously Filed Registrations:
    Water rights filed between August 22, 1996 and September 17, 2021 (i.e., during the administrative void following the Ciotti decisions) have been held (but not processed) by the Missoula and Kalispell Regional Offices and given a "Suspended" status. Per the Ordinance, these are to be transferred to the Board within 30 days after the Effective Date of the Compact (i.e., by October 17, 2021). These Registration filings, as with the Post-Effective date ones discussed above, are based in State law, but only the Board has the authority to issue them. These filings will be promptly transferred to the Board after the Effective Date. If you have filed one of these "Suspended" Registrations, please know that you do not need to do anything further. These applications will be under the Board's authority.

 
DNRC will receive registration forms on behalf of the Board during the entire 180-day period they can be filed. Checks should be made payable to “DNRC for the benefit of the FWMB.” DNRC’s role is limited to assistance in the preparation and initial receipt of forms 602F, 605F, and 222F. Once the Board is operational and the Office of the Engineer staff are hired and open for business, DNRC will transfer the physical forms to the Board along with the sum total of application fees received over the 180-day filing period. Registration applications will be reviewed and processed by the Office of the Engineer.

All forms (aside from Tribal Registrations) will be filed with either the Missoula or Kalispell Regional Offices, depending on the county the water was put to use in:

Kalispell Regional Office
655 Timberwolf Parkway, Ste 4
Kalispell, MT 59901-1215

(For Flathead, Lake, or Sanders County uses within the Flathead Reservation)

Phone: 406-752-2288

Missoula Regional Office
2705 Spurgin Road, Bldg. C
PO Box 5004
Missoula, MT 59806-5004

(For Missoula County uses within the Flathead Reservation)

Phone: 406-721-4284

To look up whether or not you may already have a water right on file with DNRC, please visit our Water Rights Query System. See detailed instructions on how to use the Query System. Still have questions about the Compact or Registration process? See our Frequently Asked Questions (10/6/2021) document about the Compact and Registration process.

Tribal Registrations

Section 2-1-101 of the Ordinance allows the Tribes, their members and Allottees to register an existing use of the Tribal Water Right that was not quantified by the Compact and that was in existence on or before 9/17/2021 to be registered with the Board within 5 years of the Compact’s Effective Date. Section 2-1-102 of the Ordinance sets out the registration process for an existing use of the Tribal Water Right. That registration deadline is 9/17/2026. During the five-year registration period, the Tribes’ Natural Resources Department will assist Tribal Members and Allottees in preparing registrations for filing with the Board. For more information related to registering an existing use of the Tribal Water Right, please contact CSKT’s Mary Price at 406-675-2700 ext. 1167, or Seth Makepeace at 406-675-2700 ext. 6255.

Public Notice

This Public Notice Letter will be mailed to landowners on the Flathead Reservation on the week of October 11.