The Montana Water Court issued an Interlocutory Decree for the Bitterroot River (Basin 76H) on December 30, 2025. The decree is currently in the ‘Objection’ phase, meaning that objections can be filed to water rights included in the decree. For additional information on Montana Water Law, please refer to our blog post “What is Montana Water Law”.
To quote the Notice of Entry of Preliminary Decree and Notice of Availability issued by the Montana Water Court:
“If you believe any water rights in the Decree do not reflect historical (before July 1, 1973) beneficial use, you must file an objection”. “Objections must be filed on the forms provided by the Water Court. The forms can be found at: https://courts.mt.gov/Courts/Water/LegalResources or by contacting the Court: [email protected] or (406) 586-4364.”
In other words, individuals interested in the water rights included in the Bitterroot River (Basin 76H) Interlocutory Decree should review the decree to ensure that the water right abstracts included in the decree accurately reflect ‘wet’ water usage.
Objections must be filed with the Water Court by June 29, 2026, though parties may request an extension. Potential objectors are cautioned to note that “filed” means “received at the Water Court” and not “put in the mail” by the objection deadline.
The Objection Form can be found here.
The Interlocutory Decree abstracts can be found here.
Ferguson & Coppes is a ‘full service’ water law firm able to assist clients with all their water needs. We have attorneys located in Missoula and Bozeman who are well versed in the nuances of Montana water and land use law and ready to assist with the Montana Water Court adjudication process, water right disputes, agricultural water law, and nearly any issue that water touches.
If you have questions or concerns on whether you objections should be filed, whether your water rights or other water rights reflect historical (before July 1, 1973) use, or any other issues or questions you would like assistance with please contact our experienced Montana water law attorneys using the form here or call us at (406)532-2664.