Is Collecting Rainwater Legal in Montana?
Collecting Rainwater is legal with restrictions in Montana as of 2026. Montana regulates rainwater collection due to prior appropriation water rights. According to Montana Code Annotated § 85-2-102, water rights are required for surface water, and rainwater collection may be restricted if it interferes with downstream rights.
Collecting Rainwater is LEGAL WITH RESTRICTIONS in Montana
Collecting Rainwater is legal in Montana but with specific restrictions and regulations.
Collecting Rainwater Laws in Montana: Quick Facts
- 1 Legal Status: Collecting Rainwater is currently legal with restrictions in Montana.
- 2 Possession: Rainwater collection is allowed if it does not infringe on existing water rights; permits may be required for larger systems.
- 3 Sale: Sale of collected rainwater is generally restricted and may require water rights permits.
- 4 Age Restriction: None
- 5 Penalties: Violations can result in fines and enforcement actions under MCA Title 85.
Detailed Legal Breakdown
| Possession | Rainwater collection is allowed if it does not infringe on existing water rights; permits may be required for larger systems. |
| Sale | Sale of collected rainwater is generally restricted and may require water rights permits. |
| Age Restriction | None |
| Penalties | Violations can result in fines and enforcement actions under MCA Title 85. |
| Pending Legislation | None known |
How Does Montana Compare?
Across all 50 states, Collecting Rainwater is fully legal in 36 states, legal with restrictions in 14 states, and illegal in 0 states. Montana is among the 14 states where it is legal with restrictions.
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Editorial Standards
This page was researched and written by the editorial team at IsThisLegalInMyState.com. All legal information is sourced directly from official state statutes, regulatory agency publications, and legislative databases. Our team reviews each page for accuracy and updates it when laws change.
Source
Citation: Montana Code Annotated - Water Use
https://leg.mt.gov/bills/mca/title_0850/chapter_0020/part_0010/section_0020/0850-0020-0010-0020.html
Last verified: 2026-01-15
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