We have had a Historic Easement to get to our headgate for irrigation purposes. the land has been sold and subdevided and we have been fenced out. what is the law in Montana regarding historic easements, this easement has been used for more then 50 yrs. I don't have the money to go to court so would like to have an idea of what the law says and if I do go to court would like to know if I have any thing to back me
1 Answer from Attorneys
Re: Historic Easement
At least in Idaho the water user has a right to get to his water. I'm not sure if that the case in MT however, most agricultural states with water needs are very pro irrigation rights. Have you perfected your right to the water? You had better see a water law attorney, not just a general practitioner. An initial discussion should not break the bank for this kind of a problem. But, get all your facts and paperwork together before you go. It will dave time and money.