Montana Farm Bureau Continues To Champion Water Rights

Montana Farm Bureau has a long history of advocating for and protecting their members’ property rights including water rights. The state’s largest general agricultural organization helped craft and support HB 286 during the 2019 Legislative Session which called for the DNRC to remove the state’s name from water rights that were added without due process. The now law also created a process for State Trust Lands to follow, should they wish to exert co-ownership on post-1973 water rights. The new process ensures that water right holders are notified and can object. That legislation stands today despite a lawsuit challenging the law as unconstitutional. The court upheld the law in March 2022.  “Montana Farm Bureau joined the State as an intervenor in that case to defend HB 286 and have worked with DNRC to ensure that the law was indeed implemented,” said Montana Farm Bureau State Director of Governmental Affairs Karli Johnson.

On May 20, the Montana Board of Land Commissioners heard an update for Lieutenant Governor Jurus on how HB 286 was implemented and how the department is working to ensure that state land lessees that use water on those leases are treated fairly. The commission also voted on a motion from the Montana Attorney General’s office to remove the DNRC’s legal authority over private water rights that are used on school trust land. Johnson explained that the passage and subsequent implementation of HB 286 already had resulted in the DNRC removing their ownership claim from 141 identified water rights. DNRC is reviewing an additional 28 claims that were discovered recently.

“DNRC Trust Lands removed their ownership claim from those 141 identified water rights and sent letters noting the removal of their ownership claim May 16, 2022. An additional 28 water rights have been found recently. DNRC is working to review these rights and remove their names from the rights that HB 286 applies to. At the request of the Senior Water Rights Coalition and the Montana Farm Bureau, DNRC also uploaded copies of these documents to the Water Rights Information System April 24, 2024,” Johnson added.

Farm Bureau encourages their members to check their water rights and report concerns immediately to MFBF and DNRC. DNRC has created a webpage—WaterComplaint.mt.gov—where water users can notify the department of any worries about water rights.

“We truly appreciate that DNRC has set up a webpage explaining and allowing concerned water right holders to submit concerns directly to the agency,” Johnson said. “It is rewarding that the Land Board takes water rights protection seriously and has engaged in this discussion to ensure water users on state lands are treated fairly.”

“Being a Farm Bureau member means your organization is working for you on issues like water and property rights,” said Johnson. “We’re pleased to see our work with the DNRC and the Governor’s office has helped farmers and ranchers retain control of their water rights on state land.”