Protecting Private Water Rights: Montana Land Board Takes Decisive Action

The Montana Land Board's recent decision reclaiming its constitutional oversight of legal cases involving state claims to private water rights marks a significant turn in protecting property rights of Montanans. Ag producers and water right holders should commend and thank the Land Board for this important move.

Previous administrations dating back to 1996 had "delegated" that authority to a government agency, allowing career bureaucrats to make decisions regarding individual citizens and their property rights without Land Board supervision. That agency, the Department of Natural Resources and Conservation (DNRC), took that authority, made policy without Land Board input, and began a calculated program of adding the state's name, by hook or crook, onto the ownership of numerous private water rights, all in the name of the Land Board but without its approval. 

This Land Board ended that practice in May, unanimously passing Attorney General Knudsen's motion, seconded by Secretary of State Jacobsen and strongly supported by Governor Gianforte, Superintendent of Public Instruction Arntzen, and Auditor Downing. Moving forward, the DNRC must report to the Land Board on the factual details of each case in which it asserts the state is a legal owner or co-owner of a private water right before it claims state ownership. 

The Land Board's action demonstrates the importance of property rights and the need for governmental transparency and accountability. We recognize the significance of this step and the impact it will have on the individuals already affected. It is also a reminder of the crucial role of dedicated ag groups like the Senior Ag Water Rights Alliance (SAWRA), the Montana Water Resources Association, and the Rocky Mountain Stockgrowers Association in advocating for the interests of agricultural stakeholders.

In the coming weeks, SAWRA and other stakeholders will continue to work with the Land Board to develop policies aimed at rectifying the consequences of the DNRC's past overreach and ensuring that private property rights are treated with the respect they deserve. The June Land Board meeting, scheduled for Monday the 17th, will be a critical opportunity for the Land Board to adopt these new policies and demonstrate its commitment to protecting private water rights in Montana. 

If you want to urge the Land Board members to do this, the contact information for each Land Board member is below:

·      Honorable Governor Greg Gianforte -  406-444-3111 -  Governor@mt.gov

·      Superintendent of Public Instruction Elsie Arntzen - 406-444-5644 - Elsie.Arntzen@mt.gov

·      State Auditor Troy Downing - 406-444-2006 -  Troy.Downing@mt.gov

·      Secretary of State Christi Jacobsen - 406-444-2034 - CJacobsen@mt.gov

·      Attorney General Austin Knudsen - 406-444-2026 - contactdoj@mt.gov

Wagner Harmon is a farmer and rancher from Bainville, Montana. He is the chairman of Horizon Resources and a Senior Ag Water Rights Alliance board member.