WaterComplaint.MT.gov: Your Resource for Water Right Ownership and State Trust Lands
Water right ownership in Montana is a complex issue and the Department of Natural Resources and Conservation (DNRC) is here to assist Montanans in answering questions about water right ownership on state trust lands. WaterComplaint.mt.gov is the official resource to help state land lessees and water users share their questions regarding ownership of water rights used on state trust lands in Montana.
In 2019, the Legislature passed House Bill 286, requiring DNRC to remove its name as a co-owner on certain water rights claimed by the agency. Since then, DNRC has removed itself from numerous water rights and overhauled its approach to better assist Montanans, generate revenue to benefit Montana’s public schools, and protect private property rights.
If you are a state trust lands Lessee or own/co-own a water right with the Montana State Board of Land Commissioners/Trust Land Management Division and have concerns regarding compliance with House Bill 286, MCA 85-2-441, please complete the below form with the required information. DNRC will review and respond to you within 30 days, in the order in which requests are received.
Please note: House Bill 286 only applies to ground water developments with a post-July 1, 1973, priority date; with a POD (Point of Diversion) on private land; and with a POU (Place of Use) on State Trust Land. For all other concerns, please contact your local DNRC Water Rights Regional office.
Information on Water Right Ownership on Leased State Trust Land
The management of state trust lands for agriculture and grazing purposes often raises issues related to the ownership of water rights for irrigation and stock water. Land Board ownership of water rights depends on a variety of factors and laws. As a general rule, the Land Board owns only that portion of a water right developed for beneficial use on school trust lands. While the Land Board may assert ownership of a water right, it’s important to note that the Land Board does not claim ownership of a private well or private land from which water is diverted.
Disputes regarding the Land Board’s ownership of water rights established prior to July 1, 1973, are resolved by the Montana Water Court as part of the statewide adjudication. The Montana Supreme Court recently affirmed that House Bill 286, enacted in 2019, added a process for the Land Board to establish ownership of a post-July 1, 1973, water right beneficially used on school trust land. It also provided that the owner of a water right with a well or developed spring located on private land may maintain the water right in private ownership while temporarily utilizing the water on state trust land.
The Gianforte administration successfully defended House Bill 286 against a constitutional challenge in front of the Montana Supreme Court. As a result, DNRC rescinded the Land Board’s name from approximately 141 post-July 1, 1973, water rights consistent with the requirement of House Bill 286. DNRC also overhauled its approach to better assist Montanans, protect property rights, and ensure Land Board ownership of post-July 1, 1973, water rights comport with due process of law and satisfies its constitutional obligation to generate revenue to benefit Montana’s public schools.
DNRC is currently analyzing all post-July 1, 1973, water rights with a point of diversion on private property and place of use on state trust land to determine whether the Land Board has a fiduciary obligation to assert a state ownership interest through the newly established processes in House Bill 286.
Additional Resources
Frequently Asked Questions Frequently Asked Questions: Temporary Use Water Rights on School Trust Land