04/21/2026
Definitely need to stay informed đź’§
Many of us in rural Montana depend on water wells as our primary, and often only, source of water.
Currently, domestic and stock water wells pumping less than 35 gallons per minute are referred to as “exempt wells.” An exempt well is a groundwater well that can be drilled without going through the full water right permitting process. In most cases, a landowner hires a well driller, the well is drilled, and a well log is submitted to the DNRC, and a water right is issued.
However, this process has found its way to the news lately and it’s important we pay attention.
A lawsuit has been filed arguing that the current system allows too many wells to be developed without considering the impact on groundwater and how that may affect senior water rights. There are areas of Montana that have seen significant growth, and much of it has relied on water provided by exempt wells. The concern is that a large number of wells drawing from the same aquifer could impact those with priority water rights, particularly those people in agriculture who are utilizing water for purposes such as irrigation.
Many of us rely on exempt well for our homes and livelihoods. The water for my home comes from an exempt well. Stock water wells drilled for the purpose of providing water to cattle are imperative, especially in drought years. Requiring hydrological studies and a full permitting process for every domestic or stock well could make access to water far more time consuming, expensive, and in some cases, unrealistic.
The question now facing the DNRC, and the courts, is how to balance two competing priorities: Protecting senior water rights and agricultural use while also maintaining access to water for homes and ranches.
This isn’t something happening in the future, it’s happening now. The way we utilize wells is going to change and we are uncertain at this point how significant those changes will be. There are a range of potential outcomes being discussed, some more impactful than others, which is why it’s important to stay informed.
I’d encourage everyone to follow along as this develops. I’ve provided a few links below to help understand the various perspectives as well as where this situation sits currently and how it is expected to play out.
DNRC overview: https://dnrc.mt.gov/Water-Resources/Water-Rights/Understanding-Water-Rights/Exempt-Well-Updates
• Montana Free Press: https://montanafreepress.org/2025/11/12/coalition-sues-montana-over-exempt-well-egulations/
• Northern Ag Network: https://www.northernag.net/farm-ranch-and-conservation-groups-sue-state-over-exempt-well-loophole/
• Montana REALTORS® Association: https://homeownershipmatters.realtor/montana/montana-realtors-oppose-well-permit-ruling/
