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Land Board authorizes filing water-rights objections in Boulder River adjudication, votes 4–1
Summary
The board authorized DNRC to file objections to 18 water-rights statements of claim in Basin '43 B J Boulder River' after staff found at least one diversion off state trust lands and places of use on trust lands; written notice was sent on 10/14/2025. The board voted 4–1 to grant authority.
Deputy Director Weisgerber presented action item 0226‑4, asking the board to authorize DNRC to file objections in the Montana water‑rights adjudication for Basin '43 B J Boulder River.' Staff reported finding 18 statements of claim with at least one point of diversion off state trust lands and at least one place of use on trust lands, and that the State Board of Land Commissioners was not listed as owner even though the rights appear appurtenant to state trust lands. Written notification to water-right owners occurred on 10/14/2025, Weisgerber said.
Because the matter could impact litigation, the chair announced the board would go into a closed executive session under Montana Code Annotated 2‑3‑203 to discuss the item and invited attorneys to join. After returning to open session a motion to grant authority to file the water-rights objections was moved and seconded and the chair reported, "The motion carries 4 to 1." The transcript records the board’s authorization; the executive-session discussion is not disclosed in the public record.
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