Procrastinators Lose Water Rights

Montana law provides that the failure to file claim of an existing water right establishes a conclusive presumption of abandonment of that right. This case involved an appeal from an order of the Water Court forfeiting the appellants' water rights for failing to comply with the timely filing requirement of the law. Each of the several appellants alleged different circumstances for having filed late. All appellants presented evidence of a historical and continued use of water for varied beneficial purposes; all contended they in no way had abandoned their rights. But the Water Court determined that all appellants had filed late and, under the state law, had forfeited their claims.