Disclaimer & Terms of Service
Up The Creek Research, LLC · Montana
About our reports
Each report is a factual screening of publicly available government records concerning water rights and wells associated with the identified property. It compiles and summarizes information from the Montana DNRC Water Rights Query System, the Montana Ground Water Information Center, and the Montana Cadastral parcel database, each as of the date shown on the cover page.
Reports are NOT legal advice and Up The Creek Research, LLC is not a law firm. No attorney-client relationship is created. General descriptions of Montana water-law procedures in a report are educational; they are not advice about what you should do in your specific situation. For advice applying the law to your circumstances — including whether to file, object, or contest anything — consult a licensed Montana attorney or a qualified water-rights professional.
A report is NOT a title opinion, title commitment, or insurance of any kind, and it does not guarantee the existence, validity, priority, or extent of any water right. Standard title insurance in Montana excludes water rights; a report does not replace or extend any title product.
Government databases lag and contain errors. Filings made in recent weeks may not appear. A finding of “no record” means no record was located in the named databases on the search date — it is not a determination that no right or filing exists. Deadlines referenced in a report are taken from public notices as of the report date and can change; verify any deadline directly with the Montana DNRC or the Montana Water Court before relying on it.
Each report is prepared solely for the named customer and may not be relied upon by any other person or entity without Up The Creek Research, LLC’s written consent.
1. The Service
Up The Creek Research, LLC (“UTC”) provides: (a) compilation and plain-language summarization of public records relating to water rights, wells, and parcels; (b) general educational information about Montana water-law processes and publicly announced deadlines; and (c) at the customer’s direction, clerical preparation of State of Montana forms using information the customer supplies.
UTC does not provide: legal advice or legal opinions; representation before any court or agency; title examination or insurance; hydrogeologic, engineering, or water-availability assessment; or any guarantee of outcome on any filing.
2. Customer Responsibilities
- Customer warrants they have a legitimate interest in the subject property (owner, buyer under contract, agent, or other professional engaged on the transaction).
- Customer will independently verify any deadline, record, or form requirement before acting, and will engage a licensed attorney for any contested, adverse, or high-stakes matter.
- Customer is responsible for the accuracy of all information customer supplies for form preparation, and reviews and signs all filings personally.
3. Disclaimers and Limitation of Liability
The service and all reports are provided “as is” without warranty of any kind, express or implied, including accuracy, completeness, merchantability, or fitness for a particular purpose.
UTC’s total liability arising from or relating to any report or service is limited to the fees paid for that report or service. In no event is UTC liable for consequential, incidental, special, or punitive damages, including lost priority dates, lost transactions, or diminished property value.
Claims must be brought within one (1) year of report delivery.
4. General
- Governing law: Montana. Venue: Missoula County.
- Reports are customer’s to use for the subject property and transaction; resale or republication of reports is prohibited.
- Public records compiled in reports remain public; UTC claims no ownership of government data.