Montana Water Court issues first final decree

The Montana Water Court met a critical milestone this week with the issuance of the first final decree in the decades-long adjudication of water rights. The decree covers rights claimed by the United States on behalf of the Turtle Mountain Band of Chippewa Indians. The decree includes 12 water basins and is the first decree issued that addresses tribal reserved water rights outside of a negotiated compact.

“This marks the start of the next step in Montana’s water rights process. We look forward to issuing additional final decrees in other basins and providing stability to Montana’s water users,” said Chief Water Judge Russell McElyea.

A final decree provides the ultimate authority on priority, use, and amount of water allocated to users in a particular basin. Water rights adjudication in Montana began in 1979 with the passage of the Water Use Act. The final decree in the Turtle Mountain rights is the first of more than 80 decrees covering about 250,000 water rights that must be issued by the Water Court.

“I am pleased the Water Court met this critical milestone in the adjudication process. Judge McElyea and his team have done a fantastic job of moving this gargantuan litigation forward and providing finality to water users in Montana. I appreciate his efforts and that of many others who have supported the court,” said Chief Justice Mike McGrath.

McElyea is anticipating other final decrees will be issued before the end of 2021. Information about the water adjudication process and timelines for decrees is available at: https://courts.mt.gov/Courts/Water/