How Does the Firm Help Developers Secure Water Rights for New Development?

Developing properties in areas with water scarcity or regulatory restrictions can be a challenging process. Securing water rights is a critical aspect of any new development project, and it is essential to work with an experienced water rights lawyer to navigate the legal landscape.

In Montana, developers often seek the assistance of a Montana water rights lawyer from a water rights law firm like BKBH to help them with this process. This video and article discuss the two primary avenues developers can take to secure water rights for their projects and the role of a water rights lawyer in this process. If you need assistance with a water rights matter in Montana, we invite you to call our office to schedule a consultation.

Converting Existing Water Rights

In some cases, a developer may be working on a property that already has existing water rights, such as irrigation rights. As water rights lawyers with decades of experience, we can help developers initiate a change proceeding before the Department of Natural Resources and Conservation (DNRC) to convert these irrigation rights into a more appropriate category, such as industrial or domestic use.

However, this process can be complicated by the fact that most irrigation rights are only available for part of the year, while development projects typically require year-round access to water. This discrepancy means that converting existing water rights might not fully address the developer’s needs, and alternative solutions must be explored.

Acquiring New Water Rights

When existing water rights are insufficient, a developer must seek to obtain a new appropriation of water. This process involves submitting an application to the DNRC, which is then reviewed by the agency to determine if the proposed use is appropriate and if there are sufficient water resources available. In Montana, this process can be particularly challenging due to the prevalence of closed basins, which are areas where water resources are limited, and any new appropriation of water must be accompanied by mitigation measures to offset the impact of the new use.

A water rights attorneys, we can help developers navigate the complexities of the application process and ensure that all necessary documentation is submitted to the DNRC. Additionally, we can assist in identifying and obtaining rights that can be used to offset the new appropriation, ensuring compliance with the mitigation requirements in closed basins.

In these situations, it is crucial for a developer to work closely with their water rights lawyer to develop a comprehensive water rights strategy. This plan should take into account the anticipated water needs of the development, the availability of existing rights, and the potential need for new appropriations. By working with an experienced water rights attorney, developers can avoid common pitfalls and ensure that their projects are built on a solid foundation of legally secured water resources.

Water Rights Are Critical In Montana – Schedule A Consultation With An Experienced BKBH Water Rights Attorney

Securing water rights is a critical aspect of any new development project, particularly in areas with limited water resources or strict regulatory requirements. A water rights lawyer can provide invaluable assistance to developers navigating this complex process.

Whether it involves converting existing water rights or acquiring new appropriations, an experienced water rights attorney from BKBH can help developers identify the best strategies for securing the necessary water resources for their projects. By working closely with a water rights lawyer, developers can ensure that their projects are built on a solid foundation of legally secured water rights, paving the way for successful and sustainable development. Call our offices today to schedule a consultation to get started.