Montana House Bill 676 aims to protect private water rights on state land

The Senate Judiciary Committee of the Montana Legislature convened on March 21, 2025, to discuss House Bill 676, which addresses significant issues surrounding water rights and state land management. The meeting began with a presentation of the bill's key provisions, which include prohibiting the state from seizing private water rights used on state land, terminating the water court in five years, and allowing the sale of landlocked state land.

The bill's sponsor emphasized the necessity of the legislation to protect private water rights and ensure that ranchers can invest in state leases without fear of losing their water rights. The sponsor argued that the current ambiguity surrounding water rights has discouraged ranchers from improving their leased lands, which ultimately affects state revenue and public institutions like schools.

Several proponents, including representatives from the Senior Ag Water Rights Alliance and the Rocky Mountain Stock Growers Association, voiced their support for the bill. They highlighted the importance of clarity in water rights management and expressed concerns that the state's current practices could lead to a loss of agricultural investment and revenue.

However, the committee also heard from numerous opponents, including Lieutenant Governor Kristen Juras, who argued that the bill lacks necessary safeguards for pending water claims and could jeopardize the state's primacy over federal water rights. Opponents raised concerns about the potential negative impact on public schools, emphasizing that selling state land could result in a loss of long-term revenue and sustainable funding for education.

The discussion also touched on the water court's role in adjudicating water rights, with opponents arguing that ending the court's operations could create legal challenges and uncertainty for water rights holders. They stressed the importance of completing the adjudication process to protect the rights of all stakeholders involved.

As the meeting concluded, the committee was left to consider the implications of House Bill 676, weighing the potential benefits of protecting private water rights against the risks posed to public education funding and the integrity of the water rights adjudication process. Further discussions and potential amendments to the bill are anticipated in future sessions.