The Montana Supreme Court has ruled in favor of the state in a dispute over ownership of water rights used on state land.
The Supreme Court has ruled that when water is allocated for a beneficial use on a piece of land, the right to the water is attached to the land, not the person who developed it.
Two farmers from the Gallatin Valley brought the case against the state Department of Natural Resources and Conservation (DNRC) when the agency said it was entitled to water from the couple's well that supplied water to state leased land.
The ruling means the state maintains ownership interests in water rights developed for use on state-owned school trust land.
State school trust lands are leased for a variety of uses including farming and ranching.
Although the Supreme Court decision applies to a specific situation, agriculture groups said it sets a troubling precedent and could make them shy away from leasing state land. Jocelyn Cahill is a rancher and member of the Senior Ag Water Rights Alliance.
“Our concern is that this is just going to continue growing and growing. And we already know that even in different instances, DNRC is coming in and claiming those water rights,” Cahill said.
Groups like the alliance have asked the Land Board to step in and remove DNRC’s authority. That will be discussed when the board meets later this month.
