- Get copies of the claim abstract for water rights on land of interest
- Check for Issue Remarks
- If Issue Remarks, check at regional office for any claim review notes
- Review the original 1982 water right claim file and the material submitted in support of it
- Check for maps, aerial photos, etc. used to support claim
- Check for any claims examination materials
- Ask office personnel for assistance in interpreting files
- Look for evidence of a district court decree
- Review deeds of property to current owner to make sure that no water rights have been reserved (severed) from the land
- If the water rights are represented by shares in a ditch company or irrigation district, check with the ditch company or irrigation district to confirm status of the shares
- Review the Montana Water resources Survey Maps for the township and range in which the water right claims a place of use
- See if land claimed to be irrigated in the Statement of Claim is shown on the Survey Map as irrigated
- Look at aerial photos for evidence of historic use
- Look for evidence of irrigation (different shading)
- Look at topographical maps
- Compare elevations between the point of diversion and the claimed places of use
- Look for evidence of irrigation ditches
- Compare the legal description of the land offered for sale to the irrigated acres described in the Statement of Claim – do they fully overlap?
- Check the legal descriptions of the points of diversion against the legal description on the land that you are considering selling/buying
- Do a site visit
- Bring a camera, a topographical map, Water Resources Survey map
- Bring notepad
- Check current irrigation operations, compare to claims abstract
- Look for signs of historic irrigation – ditches, headgates, etc.
- Ask what was and is irrigated
- Ask about people in area acquainted with irrigation practices on land
- Ask about any irrigation records
- Inquire into reliability of the right and how often it is satisfied
- Ask current owner
- Ask others on the stream
- If there has been a water commissioner, find out who it is and ask the water commissioner
- Check the seniority of the right
- Go to DNRC online website and look at priorities on your water source
- Ask the current owner how often the water right gets satisfied – all of every year? Part of every year? Only occasionally?
- If there is a water commissioner for the source, talk to the water commissioner about how reliable the water right is
- Check the reliability of the water source
- Ask whether the stream runs throughout the season or even throughout the year
- Schedule a late-summer visit to see first-hand
- For any water use permits (post-June 30, 1973 water rights) make sure the permit has been perfected.
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