Montana Water Court | |
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45°40′06″N 111°03′59″W / 45.668306°N 111.066385°W | |
Established | 1979 |
Jurisdiction | Statewide |
Location | Bozeman, Montana, U.S. |
Coordinates | 45°40′06″N 111°03′59″W / 45.668306°N 111.066385°W |
Composition method | Appointed |
Authorised by | Montana Water Use Act of 1973, as amended |
Appeals to | Montana Supreme Court |
Judge term length | Four years |
Number of positions | Two |
Website | courts |
Chief Water Judge | |
Currently | Russ McElyea |
Since | July 1, 2013 |
Lead position ends | June 30, 2017 |
Jurist term ends | |
Associate Water Judge | |
Currently | Stephen Brown |
Since | February 4, 2019 |
The Montana Water Court is a court of law in the U.S. state of Montana which has jurisdiction over the adjudication of water rights. The filing, verification, recording, and enforcement of water rights in the Montana Territory and, later, the state of Montana were considered highly inadequate until 1972, when a new state constitution required a more robust, highly centralized water rights legal system. Implementation of this system led to the establishment of the Water Court in 1979, after six years of mixed success with an administrative solution. The Water Court consists of a Chief Water Judge, Associate Water Judge, and four District Water Judges, but most work is handled by special masters ("water masters"). The process of identifying, verifying, and adjudicating water rights is a complex one, and budgetary and personnel issues have slowed the work at times. Appeals from the Water Court are made directly to the Montana Supreme Court.
The state finished verifying all water claims in 2015, and the Water Court will finish issuing final decrees in all hydrological basins by 2020. The Water Court's work is expect to end in 2028, although there is ongoing debate about termination in the state legislature. The state has not engaged in a process which includes all water claimants, leading the state to negotiate compacts with tribal governments and federal agencies.