Water pipe (Photo by Travis Modisette via Flickr | CC-BY-SA 2.0).
The decision made by the Montana Land Board during its May meeting to revoke the authority it previously delegated has caused tension between state leaders and the agricultural community, especially in light of a recent Supreme Court ruling. This tension arises as ranchers and farmers express concerns about land ownership and access to water in the face of increasing temperatures and fire risks. Water rights in Montana are complex and often contentious, with some disputes lingering even after their original claimants have passed away.
The issue at hand concerns how the State of Montana asserts water rights when managing leased state-owned lands. Like many western states, Montana holds vast land tracts in trust, with lease proceeds contributing to a fund for public education. However, recent management decisions by the Montana Department of Natural Resources and Conservation have raised fears within the agricultural community that the state may attempt to claim water rights from property owners.
A recent court case, Schutter vs. State Land Board, highlighted this concern when the court ruled that the state could claim ownership of water rights if a resident’s water usage on private land also benefited state-owned land. This ruling alarmed farmers and ranchers, who worry that the state could seize water rights by simply transferring water from private to state land.
In response to these concerns, the Montana Land Board, composed of the state’s “constitutional” officers, voted to reverse its decades-long practice of delegating water rights decisions to the Department of Natural Resources. This change, spearheaded by Montana Attorney General Austin Knudsen, requires all future water rights cases to receive board approval before proceeding, limiting the agency’s autonomy in legal disputes.
Despite this policy change, members of the agricultural community remain uncertain about the impact on water disputes. Many fear that using water on state land, especially during dry periods, could expose them to potential water rights claims by the state. The board’s unanimous support of the proposal reflects a desire for increased oversight, but concerns linger among farmers and ranchers.
Lt. Gov. Kristen Juras, with an agricultural background and legal expertise, reassured the board that residents could file paperwork to safeguard temporary water use on state land. However, water law attorneys, such as Betsy Story, remain wary of legal ambiguities, especially regarding water rights originating on private land but benefiting state property.
Knudsen hopes that the board’s renewed oversight will ease tensions and provide clearer guidelines for water disputes. By requiring explicit approval for legal claims from the Department of Natural Resources, the board aims to increase transparency and accountability in water rights decisions.
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