A version of this story was originally published in the MT Lowdown, a weekly newsletter digest containing original reporting and analysis published every Friday.
In a pivotal decision, the Montana Land Board voted 4-1 to permit the state’s water right regulator to file protests on 18 privately held irrigation water rights used on State Trust Land. This action intertwines with a recent legal battle debating the ownership and usage of water rights on private lands benefiting state-leased agriculture.
Previously, the Montana Department of Natural Resources and Conservation maintained that the state holds partial ownership of these valuable water rights when used on “appurtenant” state trust lands. The Montana Supreme Court unanimously supported this stance, highlighting the significant role state trust lands play in supporting Montana’s public K-12 education system. Their ruling has sparked controversy among agricultural groups.
The Senior Ag Water Rights Alliance criticized the state’s stance, labeling it as excessive government intervention. They urged the Land Board, composed of Montana’s top elected officials, to seek more transparency in the Department’s water rights management. All board members belong to the Republican party.
During the Land Board meeting, Lt. Gov. Kristen Juras, stepping in for Gov. Greg Gianforte, closed the public proceedings, citing upcoming discussions on “litigation strategies.” Montana Attorney General Austin Knudsen opposed the closure, arguing that the public deserved more insight and clarity on the Department’s objections to the water rights in the upper Clark Fork River area.
“I don’t think we should be having these discussions behind closed doors. This is simply an approval. I don’t think this is litigation strategy,” stated Knudsen, who cast the dissenting vote.
Once the session resumed, State Auditor James Brown clarified that the vote enables the Department to engage in the Montana Water Court process to safeguard the rights of trust beneficiaries, leaving room for future negotiations and legal proceedings.
—
Read More Montana News
