Under Montana law, which doctrine governs the allocation and priority of water rights among competing users?
Correct Answer
B) The prior appropriation doctrine, under which priority is determined by the date of first beneficial use
Montana follows the prior appropriation doctrine, often summarized as 'first in time, first in right.' Under MCA Title 85, Chapter 2, water rights are established by the date of first beneficial use, and senior appropriators have priority over junior appropriators during times of shortage. The Montana Department of Natural Resources and Conservation (DNRC) administers water rights adjudication under this system.
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Related Topics & Key Terms
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Related Concepts
Market allocation is an illegal antitrust practice in which competing real estate brokerages agree to divide markets among themselves by geographic area, property type, or price range, thereby eliminating competition.
Price fixing is an illegal antitrust practice in which competing real estate brokerages agree to charge the same commission rates, fees, or other pricing for their services. It is a per se violation of the Sherman Antitrust Act.
Florida brokers are required to maintain transaction records and escrow records for a minimum of five years.
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