MT Bar Practice Questions - Montana Bar Examination (Uniform Bar Examination) Exam

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Two ranchers divert water from the same Montana stream. Rancher A first put water to beneficial use in 1955; Rancher B in 1975. During a drought there is not enough water for both. Under Montana water law, who prevails?

Rancher B, because Montana follows the riparian doctrine giving equal rights to adjacent landowners Both share the water equally because they draw from the same source Rancher A, because under prior appropriation the senior right (first in time) is first in right Neither, because all water rights revert to the State during a declared drought

Correct Answer:

Rancher A, because under prior appropriation the senior right (first in time) is first in right

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