By State › Montana
Montana: Laws & Legal Considerations
Download all of Montana as PDF PrintRainwater harvesting: unrestricted
Montana places no permit requirement on residential rainwater harvesting for typical household use.
| Rule | Montana |
|---|---|
| Source water | Rooftop or other catchment |
| Permit required | No, for typical residential collection |
| Permitted uses | Non-potable, typically irrigation and similar uses |
Where to find it: the Montana Department of Natural Resources and Conservation (dnrc.mt.gov) administers water rights generally.
Water rights: prior appropriation, written directly into the state constitution
Montana follows prior appropriation, the same “first in time, first in right” doctrine as Utah, Oregon, Washington, Arizona, Kansas, and New Mexico, with two features worth calling out specifically.
| Concept | How it works in Montana |
|---|---|
| Basic rule | The earliest-dated appropriator holds first claim during a shortage; owning land along water doesn't itself grant a right to use it |
| 'Use it or lose it' | A water right must be actively put to beneficial use to remain valid, a specific enforcement mechanism named explicitly in Montana law |
| Constitutional guarantee | Montana's water rights framework is written directly into Article IX, Section 3 of the state constitution, not left to statute alone |
Where to find it: the Montana Department of Natural Resources and Conservation administers appropriation permits and the statewide water-right recording system.
Permitless carry since 2021
Montana has recognized full constitutional carry since House Bill 102 took effect February 18, 2021.
| Requirement | Detail |
|---|---|
| Standard | Permitless carry, concealed, for any resident or visitor 18+ legally eligible to possess a firearm, in most locations |
| Applies to visitors too | Non-residents passing through Montana are covered by the same permitless standard as residents |
| Still applies | Prohibited-location rules, federal law overlays (e.g., federal buildings, national parks' specific restrictions), and reciprocity considerations when traveling elsewhere |
Sources
- Montana rainwater harvesting and water rights administration: Montana DNRC
- Montana prior appropriation, “use it or lose it,” and constitutional guarantee: MSU Extension; University of Montana
- Montana permitless carry (HB 102, 2021): LegalClarity