The bill clarified that the state of Montana may only obtain an ownership interest in water channeled from private land if a court determines the state is an owner of the water right or is in possession of a deed transferring ownership of the water right to the state.
“HB 286 was introduced in response to the Department of Natural Resources Conservation Trust Land Management Division claiming partial ownership of private water rights if water was used on state land—even if the well was on private land,” said Liv Stavick, Montana Farm Bureau state affairs director, in a released statement.
“This practice was done without any due process … HB 286 will halt this extreme violation of private property rights by providing due process and protection to the water rights of Montana’s farmers and ranchers.”
The bill will create a temporary water right that allows a holder to use their water on state lands and then reclaim the full water right after the lease ends.
