Montana § 85-2-145 - Removal Of Natural Obstruction To Exercise Water Right -- Consent Or Court Ruling Required
Full text of Montana Montana Code Annotated § 85-2-145 — Removal Of Natural Obstruction To Exercise Water Right -- Consent Or Court Ruling Required, with citation guidance and answers to common questions.
§ 85-2-145. Removal Of Natural Obstruction To Exercise Water Right -- Consent Or Court Ruling Required
Removal of natural obstruction to exercise water right -- consent or court ruling required . (1) A person who owns a water right but cannot exercise the right because a natural obstruction on another person's property prevents the flow of the water shall, in writing, seek consent from the landowner to remove the natural obstruction. (2) The water right owner may remove the natural obstruction if the landowner consents in writing and the water right owner complies with applicable laws and regulations. (3) If the landowner does not consent in writing to the removal of the natural obstruction, the water right owner may seek a declaration from district court that the removal of the natural obstruction would not harm the landowner and is necessary for the water right owner to exercise the water right. (4) In seeking a district court declaration, the water right owner shall: (a) agree to pay all costs of the removal; (b) show that the utility of the landowner's property would not be lessened; (c) show that the landowner would not incur additional, uncompensated burdens from the removal of the natural obstruction; and (d) agree to comply with applicable laws and regulations. (5) The landowner may present evidence showing that the removal is not necessary for the water right owner to exercise the right or that the provisions of subsection (4) could not be met if the removal is permitted. (6) The court shall determine if the removal of the natural obstruction: (a) is necessary for the water right owner to exercise the right; and (b) would meet the provisions of subsection (4). (7) If the court permits the removal, the court may require any conditions to ensure that the provisions of subsection (4) are met. (8) The court may award court costs and attorney fees. (9) Removal of a natural obstruction under this section does not impair any existing right of the landowner.
Source: official Montana text · Last verified 2026-08-27
Frequently Asked Questions About Montana § 85-2-145
What does Montana Code Annotated § 85-2-145 cover?
Section 85-2-145 ("Removal Of Natural Obstruction To Exercise Water Right -- Consent Or Court Ruling Required") is part of the Montana Code Annotated, the codified statutory law of Montana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Montana § 85-2-145?
A common citation format is "Montana Code Annotated § 85-2-145" (Montana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Montana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Montana official source linked on this page or consult a licensed Montana attorney.
How does Montana § 85-2-145 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Montana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Montana.