Senate committee hears competing views on bill to require land board sign-off before state lawyers claim private water rights

At a Senate Natural Resources Committee hearing, Sen. Becky Beard introduced Senate Bill 263, saying the measure would “ensure transparency and accountability when the state attempts to claim private … water rights.” The bill would require the Department of Natural Resources and Conservation (DNRC) to seek Montana State Land Board approval and notify affected lessees before attorneys assert ownership of private water rights used temporarily on state trust leases.

Sen. Becky Beard, sponsor of SB 263, told the committee the bill “simply codifies” a May 2024 land board motion and “guarantees basic due process for private water rights owners,” including notice and an opportunity to appear before the land board before any legal action is taken. The bill also adds the phrase “water rights” to a statute listing improvements a lessee may place on state land and would allow a lessee to remove certain stock‑water improvements placed by the lessee on state land during a lease term.

Proponents — primarily ranchers, water‑rights attorneys and drilling operators — told the committee they back SB 263 as a transparency and…