Montana § 85-2-403 - Transfer Of Appropriation Right

Full text of Montana Montana Code Annotated § 85-2-403 — Transfer Of Appropriation Right, with citation guidance and answers to common questions.

§ 85-2-403. Transfer Of Appropriation Right

Transfer of appropriation right. (1) The right to use water shall pass with a conveyance of the land or transfer by operation of law, unless specifically exempted therefrom. All transfers of interests in appropriation rights shall be without loss of priority. (2) Failure to comply with the provisions of 85-2-402 does not render a conveyance or reservation of a water right void, but the right may not be used until the department has approved the change. This subsection applies retroactively, within the meaning of 1-2-109 , to a conveyance or reservation made after July 1, 1973.

Source: official Montana text · Last verified 2026-08-27

Frequently Asked Questions About Montana § 85-2-403

What does Montana Code Annotated § 85-2-403 cover?

Section 85-2-403 ("Transfer Of Appropriation Right") 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 § 85-2-403?

A common citation format is "Montana Code Annotated § 85-2-403" (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 § 85-2-403 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.