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Big Sky Times

Wednesday, May 1, 2024

Attorney General Knudsen Urges Land Board to Address Private Water Rights Issue

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Attorney General Austin Knudsen | Official website

Attorney General Austin Knudsen | Official website

HELENA – Montana Attorney General Austin Knudsen has called upon the Montana Board of Land Commissioners to address the issue of private water rights at their upcoming meeting. Knudsen's request stems from concerns raised by farmers and ranchers regarding the Montana Department of Natural Resources and Conservation's (DNRC) decisions affecting private water rights on public land leased from the state.

During a recent Land Board meeting, Attorney General Knudsen and other commissioners listened to the grievances of farmers and ranchers impacted by the DNRC's actions. Knudsen's proposal seeks to transfer the decision-making authority over private water rights from the DNRC to the Land Board, ensuring greater oversight in such matters.

In a statement, Attorney General Knudsen emphasized the need for intervention, stating, "After extensive public comment during Monday’s meeting it’s clear the Land Board needs to exercise greater oversight regarding the DNRC’s actions regarding private property rights." He added, “I will continue to stand up for Montana’s farmers and ranchers in defending their livelihoods.”

The current DNRC policy has sparked controversy among farmers and ranchers statewide, with one notable case involving potato farmers from Gallatin County. In the case of Schutter v. the Montana Board of Land Commissioners, the state's attempt to claim private water rights used by the farmers on state-leased land has been challenged. Attorney General Knudsen previously supported the farmers by filing an amicus brief in their favor.

Attorney General Knudsen's proposed language to be considered at the next Land Board meeting aims to ensure that the DNRC seeks approval from the Land Board before making decisions regarding private water rights. This move is seen as a significant step towards safeguarding the interests of Montana's agricultural community.

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