Property Ownership
Under Montana law, a water right based on prior appropriation is considered:
AAn appurtenance to the surface land
BA separate property right that can be sold independently of the land✓ Correct
CA right that expires annually
DAvailable only to agricultural users
Explanation
In Montana, water rights under prior appropriation are treated as property rights separate from land ownership and can be bought, sold, or leased independently of the surface property.
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