Bozeman Private Pond Regulations

A frequent question we get is “Do you need a permit or license for a private pond in Bozeman?”

Depending on where you live, and the details of your pond, you may need to obtain a Water Right from The Montana Department of Natural Resources & Conservation. Water Rights are a complicated subject having to do with senior vs. junior water rights, etc. A water right allows you to legally use water in a prescribed manner, but not to own the water itself.

Even if you do have a Water Right for the pond on your property, the state of Montana may still require you to release the water stored in the pond if people having more senior water rights are in need of the water. This can happen during times of drought.

Not all ponds require a Montana Water Right. Ponds using less than 10 acre feet of water per year, including water lost due to evaporation, are not required to have a water right in Gallatin County.

An acre foot of water is equal to 325,851 gallons, so 10 acre feet of water equals 3,258,510 gallons.

Here are some example pond sizes:

100′ wide x 100′ long with an average depth of 10′ = 748,051.95 gallons and 10,000 square feet of surface area(.23 acres).

200′ wide x 150′ long with an average depth of 10′ = 2,244,15.85 gallons and 30,000 square feet of surface area(.69 acres).

It is very difficult to accurately estimate evaporation of water from a pond. The surface area of the water, wind speed, water vapor pressure, and ambient air temperature all effect evaporation. A small 32 foot diameter pond can lose over 5 gallons per hour to evaporation in the right conditions.

A permit is required from the Montana Fish, Wildlife, and Parks Commission to stock a pond with native fish. Only lawfully purchased fish may be planted, and those must be purchased from approved fish hatcheries (aka commercial fish ponds).

If you have questions regarding a private pond, please contact us.