Why Exempt Wells Matter for Montana Homeowners

Why Exempt Wells Are Essential for Montana Property Owners — And Why Now Is the Time to Check Your Water Rights

Montana has always been a place where land, water, and independence go hand in hand. For decades, exempt wells have been a cornerstone of rural homeownership—providing reliable domestic water, supporting small gardens and irrigation, and making it possible to build where municipal systems don’t reach.

Recently, exempt wells have found themselves back in the spotlight due to a lawsuit filed in Lewis & Clark County. While the legal process will take time, it’s already raising questions among property owners across Western Montana:

“Does my well have a filed water right—and does this lawsuit affect me?”

Below, we break down what’s happening, why exempt wells matter, and the simple steps owners can take to protect their water access going forward.

What’s Behind the Renewed Focus on Exempt Wells?

A group of plaintiffs has challenged Montana’s exempt well policy, arguing that these wells negatively impact senior water-right holders and don’t undergo enough public review. If the lawsuit succeeds, we could see a shift toward more stringent regulation—including additional studies, hearings, fees, and permitting requirements for wells that have been exempt for decades.

This would create new barriers for:

• Rural home construction

• Replacement wells

• Properties without municipal water access

• Small irrigated parcels

• Developers seeking modest-density projects

In other words, hundreds of thousands of Montanans could be affected—not because they’ve done anything wrong, but because the regulatory landscape shifts under their feet.

Why We Support Exempt Wells

At Point 6 Real Estate and Plum Property Management, we believe exempt wells are not only appropriate—they’re essential.

Exempt wells:

• Allow families to live outside city limits without prohibitive infrastructure costs

• Support responsible, small and mid-scale development

• Provide water security for homeowners not served by municipal systems

• Help preserve Montana’s tradition of rural living

• Support property values and long-term use

• Support efficiency and affordability in development

Without exempt wells, rural homeownership becomes less accessible, property values become more fragile, and development becomes less predictable—all with no clear benefit to existing water users.

Thoughtful oversight is important. Overcorrection is not.

What Property Owners Should Do Right Now

No one needs to panic. No one is coming to shut off wells. But this is the right moment for property owners to make sure their water-right status is current and protected.

1. Check whether your water right is filed.

Many wells have never been recorded simply because an owner assumed it wasn’t required. The state database allows you to check in minutes.

2. File immediately if your well isn’t listed.

The filing process is straightforward, and current fees are expected to increase after January 1. Filing now protects your priority and ensures you’re in compliance if future regulations become more complex.

3. Protect your property’s long-term value.

Filed water rights make, resale smoother, refinancing cleaner, replacement wells easier, and development more predictable.

Unfiled wells create uncertainty—and that’s never good for property value.

Filing Isn’t Just a Legal Step. It’s a Smart One.

Think of filing as securing the deed to your water. You already have the well, the equipment, and the history of use. Recording it with DNRC simply makes your rights official.

If exempt wells become part of a more regulated framework in the future, owners with properly filed rights will be miles ahead—protected, documented, and prioritized.

Being proactive now could save time, cost, and frustration later.

We Stand With Montana Homeowners

Our position is simple:
Exempt wells are critical to Montana’s housing landscape and should remain accessible, practical, and responsibly regulated.

We support:

• Maintaining exempt-well access

• Protecting rural homeowners

• Ensuring responsible water stewardship

• Avoiding unnecessary restrictions or costly new requirements

We will continue to monitor developments and keep our clients informed as the legal process moves forward.

Take Action: Check Your Water Rights Today

A few minutes now can prevent major headaches down the road. Use these resources to confirm your water-right status or file your well if needed:

🔎 Montana Water Rights Search

https://svc.mt.gov/dnrc/wris/waterRightQuery.aspx

📝 DNRC Water Rights Filing Forms

https://dnrc.mt.gov/Water-Resources/Water-Rights/Forms/

📍 Missoula DNRC Regional Office

2705 Spurgin Road
Missoula, MT
406-721-4284

If you’d like help reviewing your property’s water-right status or connecting with a consultant, we’re happy to assist—just let us know which property you’d like us to look into.

Josh Plum

406.544.5014