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Get the free Declaration of Vested Groundwater Rights - dnrc mt

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This document serves to declare the rights to appropriate groundwater per the Montana laws. It requires information about the appropriator, beneficial use, location of the well, and specifics on water
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How to fill out declaration of vested groundwater

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How to fill out Declaration of Vested Groundwater Rights

01
Obtain the Declaration of Vested Groundwater Rights form from the appropriate local agency or department.
02
Read the instructions carefully to understand the requirements for filling out the form.
03
Fill in the applicant's name, address, and contact information at the top of the form.
04
Provide a detailed description of the groundwater rights you are claiming, including the source and purpose of the water usage.
05
Include any historical evidence or documentation that supports your claim, such as water usage records or permits.
06
Sign and date the form to affirm that the information provided is accurate to the best of your knowledge.
07
Submit the completed form along with any required supporting documents to the relevant authority by the specified deadline.

Who needs Declaration of Vested Groundwater Rights?

01
Individuals or entities that have previously utilized groundwater for beneficial use without interruption for a specified period.
02
Farmers and agricultural operations that rely on groundwater for irrigation.
03
Businesses that depend on groundwater for their operations and have established water usage over time.
04
Landowners seeking to formalize their existing groundwater rights.
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People Also Ask about

Major Environmental Laws Clean Water Act (CWA) Marine Protection Research and Sanctuaries Act (MPRSA) Safe Drinking Water Act (SDWA) Shore Protection Act (SPA)
Some states have adopted the doctrine of reasonable use, or the American rule, which requires the water to be put to a reasonable use on the overlying tract of land and does not permit water to be taken to another tract.
Although the U.S. federal government does not recognize this right, some provisions of federal laws promote particular aspects of the right to water. The right to sanitation is frequently connected to the right to water because sanitation can impact water quality and some sanitation systems are water-based.
The law followed the principle of equality which requires that the corpus of flowing water become no one's property and that, aside from rather limited use for domestic and agricultural purposes by those above, each riparian owner has the right to have the water flow down to him in its natural volume and channels
As the law of groundwater has evolved, state courts have generally followed one of five common law “rules” in this area: the Absolute Dominion rule, the Reasonable Use rule, the Correlative Rights doctrine, the Restatement (Second) of Torts rule and Prior Appropriation.
The Safe Drinking Water Act (SDWA) gives individual states the opportunity to set and enforce their own drinking water standards if the standards are at a minimum as stringent as EPA's national standards.

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The Declaration of Vested Groundwater Rights is a legal document that recognizes and formalizes the rights of individuals or entities to use groundwater resources based on prior use.
Individuals or entities that have been using groundwater for a specified period prior to a certain regulatory date are typically required to file this declaration to officially claim their vested rights.
To fill out the Declaration, applicants must provide specific details such as their identity, the location of the groundwater use, the nature of the use, the duration of the use, and any supporting documentation that verifies their claims.
The purpose is to establish a legal framework for recognizing historical groundwater use and to protect the rights of users from overregulation and competing claims.
The declaration typically requires information such as the name and contact details of the water user, the specific groundwater source, historical usage data, and any relevant permits or licenses related to groundwater extraction.
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