Property Ownership
Water rights in Montana are governed by the doctrine of:
ARiparian rights
BPrior appropriation✓ Correct
CCorrelative rights
DReasonable use
Explanation
Montana follows the prior appropriation doctrine for water rights, meaning water rights are granted based on first-in-time, first-in-right. The person who first put the water to beneficial use has the senior water right.
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Key Terms to Know
Easement
A non-possessory right to use another person's land for a specific purpose.
Right of First RefusalA contractual right giving a party the opportunity to match any offer received before the owner can accept it from a third party.
DeedA written legal instrument used to transfer ownership of real property from one party (grantor) to another (grantee).
EncumbranceAny claim, lien, charge, or liability attached to real property that affects its value or limits its use.
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