Water user conflicts and water shortages can lead to difficulties in water distribution. When such difficulties arise, water users can petition their District Court to establish a distribution project addressing the source of the problem. A water distribution project is a process where water users elect to have water distributed on their behalf. In this process, the District Court will appoint a water commissioner to lawfully distribute the water. The Montana Department of Natural Resource and Conservation’s (DNRC) role is to work with the District Court, Water Court and water commissioners by providing water right data, education and support to assist in the distribution process.

This page contains information on specific Distribution Projects and resources for Water Commissioners.

Water Distribution

Water Distribution is intimately connected to Water Commissioners and the Adjudication status of each basin in Montana. Distribution refers to the apportioning of waters to different valid water right holders (water users) within the bounds of the law. Montana uses the prior appropriation, “first in time, first in right” doctrine for water rights, which means senior water rights get fulfilled in their entirety before any junior water rights are fulfilled. Water shortages are not shared, without direction from water users and consultation with the Courts. Water Distribution projects are created once a Water Commissioner has been appointed to a source. The District Court who appointed a Water Commissioner will then request a tabulation of water rights, which is a request for a list of all water rights that will be involved in a Distribution Project. The DNRC creates this list based on the specific language in the District Court’s request. Water Commissioners use this list to distribute water. The list of distribution projects on this website will be updated annually.

Petitions for a Distribution Project must be signed by representatives of 15% of the flow rate or 15% of the water users on the source to be successful (MCA 85-5-101). A successful petition results in the Judge appointing a Water Commissioner. In some cases, one water user is enough for a successful petition. If petitioners do not make a proper showing of 15%, the Judge can still decide to appoint a Water Commissioner. In either scenario, all water users covered in the petition, not just those that signed it, are incorporated into the distribution project and are responsible for paying for the Water Commissioner’s services. Water users interested in getting a Water Commissioner will need to work with other water users and their local District Court. District Court information can be found by searching by County or City at https://courts.mt.gov/Courts/court/#court.

To view a live maps of distribution projects and access project information, please visit DNRC’s WaterMapper application by clicking on the link below. There, you will be able to view live maps of distribution projects, access live tabulation data, and more. Current distribution project tabulations can also be found in the index below.

Each year, DNRC generates tabulations at the request of the Montana Water Court. While current distribution project tabulations are being updated, tabulations from the past year are available upon request.

WaterMapper