Land Board votes to file objection to state water-right claim after executive-session discussion

The Land Board approved a motion to file an objection to Statement of Claim No. 43QJ197394-00 arising from the Basin 43QJ examination in the Montana water-adjudication process. Director Castor told the board staff identified the claim as having two points of diversion and five places of use, one of which appears to be on state trust land, and noted the Land Board is not listed as an owner of the claim. Staff recommended filing an objection to resolve potential disputes in the adjudication process.

A commissioner raised a question of privilege and moved for an executive session citing potential litigation and Montana Code/constitutional provisions; another commissioner opposed closing the meeting, saying the topic had been discussed publicly and that going behind closed doors "looks like we're trying to hide stuff." The chair defended executive sessions as ordinary practice for litigation strategy. After the executive-session discussion the board moved, took public comment, and voted to approve filing the objection. During public comment Jocelyn Cahill of the Senior Ag Water Rights Alliance asked for more public discussion and whether the water-right holder had been notified and could attend. Cahill said, "We would definitely like to see more of this discussion happen out in the public."