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Montana Supreme Court sides with state in water right dispute

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Montana Supreme Court sides with state in water right dispute



The Montana Supreme Court has sided with the state’s Department of Natural Resources and Conservation in a dispute involving a 64-year-old water right that’s used to irrigate both private and public land.

In a unanimous opinion authored by Justice Beth Baker, the court ruled that the state retains an ownership interest in a water right first claimed in 1960 by John Schutter of Gallatin County. The water right is somewhat unique in that it’s supported by a well that was drilled on private land, but used to irrigate both private and public land. Debra and Sidney Schutter use that well to grow potatoes and other crops on three, square-mile sections of land they own, as well as a square-mile section of state trust land that’s managed by the Department of Natural Resources and Conservation.

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The dispute that inspired the lawsuit began in 2019 when the Montana Land Board — composed of the state’s top five elected officials —  claimed ownership of the portion of the water right used to irrigate the state land. The Schutters objected to the state’s ownership claim and brought the matter before the Montana Water Court, which ruled in favor of the state.

In their ruling on April 30 upholding the Montana Water Court’s decision, the justices argued that the state must exercise some ownership over the water right to act in accordance with its directive to “secure the largest measure of legitimate advantage” for state trust land beneficiaries — Montana’s public schools.

The justices found that the use of the Schutters’ well water on state trust land plays a key role in the dispute because it demonstrates that the water is being put to “beneficial use” — one of the conditions that must be met before the state will authorize a water right. Had the state land been excluded from the water rights application, “the Schutters’ claim to a water right would have been different, perhaps smaller,” the justices wrote.

The justices further concluded that the water rights are intertwined with the state’s property rights because much of the state exists in a semi-arid zone where “control of water means control of the land itself.” To ensure that the state is maximizing its trust lands’ potential, it’s important that the state also exercise some control over the water rights used to irrigate state trust land, the justices suggested.

Carl Devries, who sits on the board of the Senior Ag Water Rights Alliance, described the state’s position as a “government bureaucracy gone insane” in a recent op-ed in the Billings Gazette about the lawsuit.

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“This ruling significantly undermines private property rights and will have long-lasting and negative effects,” DeVries wrote in an email to Montana Free Press. “As a result of the Supreme Court’s decision, water rights holders are now faced with a tough choice: protect their valuable water rights or fully use their state-leased land.”

DeVries said the holders of water rights might now be inclined not to use their water rights on state-owned land out of fear that the state will claim partial ownership over the right. That, he wrote, would be a loss for both the lease-holder — who could be limited to a less-productive use of the land — and Montana’s public schools. Since land with water access is generally more productive, a lessee’s decision not to apply their water right to state trust land could result in a decline in revenues for school system coffers.

DeVries called for the Land Board to exercise greater oversight over the Department of Natural Resources and Conservation “so it can no longer make these unilateral decisions.” More specifically, he urged the Land Board to take up the matter when they meet on May 20.

The DNRC did not respond to MTFP’s request for comment.

Amanda Eggert is an environmental reporter for the Montana Free Press, a Helena-based nonprofit newsroom, and can be contacted at aeggert@montanafreepress.org.

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Strong wind in the forecast statewide

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Strong wind in the forecast statewide


Nick Vertz suspected calm weather wouldn’t soon return after last week’s high-speed wind event that recorded 101-mph winds in Glacier County. The Billings-based National Weather Service forecaster said Montanans should expect exceptionally strong gusts Tuesday night and Wednesday.

“I joke that the weather’s just playing catch up with how mild of a fall and start to the winter we had,” Vertz told Montana Free Press on Tuesday. 

Nearly the entire state is under an official high-wind warning, meaning the weather service expects wind speeds of 58 mph or greater. While the official warning status may vary by region, the weather service anticipates the strong winds will move west to east through late Wednesday evening.

The National Weather Service hazard forecast covered the state in a high wind warning at 5:30 on Tuesday. Credit: Courtesy National Weather Service

Winds aloft, higher altitude gusts that generally exceed wind speeds on the surface, are both unusually powerful and relatively low in altitude. Vertz says high-speed winds aloft blowing downward is the result of warm weather.

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“You can think of it as pushing those strong winds aloft down to reach the surface,” Vertz said. 

Though much of Montana experienced a similar strong-wind pattern last week, Vertz said this system  is a statewide event and that the weather service has “more confidence in those stronger winds to occur just all across the board.”

With gusts coming out of the northwest, Vertz advised caution for drivers headed north or south, who would likely experience the “full brunt of those crosswinds.”

Montana’s most recent experience with a major wind event on a similar scale occurred in January 2021, according to Vertz.

Ongoing flooding in northwest Montana makes the area particularly vulnerable to high-wind hazards, like saturated soil around tree roots, according to Bryan Conlan, a weather service meteorologist based out of Missoula. 

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“Anywhere within western Montana at this point, with these strong to damaging winds, trees could blow over,” Conlan said.

Gov. Greg Gianforte on Wednesday requested President Donald Trump issue a presidential disaster declaration in response to the flooding in the northwest part of the state. 

As even more ocean moisture makes its way from the Pacific Northwest into Montana via “atmospheric rivers,” precipitation is likely to continue in western Montana.

“One of the differences between this and the prior system is there will be a very strong cold front that’ll be coming along,” Conlan said. 

A cold front on Wednesday will mix with moisture from the atmospheric river, producing a combination of rain and snow. Cold air also leads to winds aloft descending, resulting in strong wind across high elevations in western Montana. On Monday night, winds in Glacier National Park reached almost 100 mph.

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“This is going to be a fairly strong event,” Conlan said.

Nora Mabie contributed to this reporting. 

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Montana Morning Headlines: Tuesday, December 16, 2025

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Montana Morning Headlines: Tuesday, December 16, 2025


WESTERN MONTANA — Here’s a look at Western Montana’s top news stories for Tuesday.

The Flathead County Sheriff’s Office reports the suspect in last Thursday’s attempted kidnapping at a Kalispell gas station has been identified and arrested. The incident occurred at Woody’s gas station at Highways 35 and 206, where a man allegedly attempted to rob and kidnap a woman sitting in her car. (Read the full story)

Flathead County attempted kidnapping suspect in custody

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The Bureau of Land Management is offering $1 permits for people to cut their own Christmas trees on public land, with options including Douglas fir, lodgepole pine and western larch. Harvesters must stay at least a quarter-mile from roads and rivers, with BLM encouraging people to target overcrowded areas where thinning would benefit forest management. (Read the full story)

Bureau of Land Management offering $1 Christmas tree permits

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Two reindeer from a farm in Washington brought Christmas magic to Murdoch’s Ranch & Home Supply in Missoula on Dec. 6, featuring 10-year-old Candy and 1.5-year-old Elsa posing for photos and meeting dozens of families. The reindeer, raised by Jordan Duncan at Reindeer Express near Spokane, spend their off-season splashing in water and munching grass before returning to holiday duties. (Read the full story)

Creature Features: Reindeer for Rent





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Montana-Montana State’s FCS semifinal get-in ticket prices surpass College Football Playoff games

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Montana-Montana State’s FCS semifinal get-in ticket prices surpass College Football Playoff games


Montana-Montana State, known as the Brawl of the Wild, is one of the best rivalries in FCS. This year, more than bragging rights are on the line, as the matchup will take place in the FCS semifinals.

The high stakes and relatively smaller seating capacity have made this game the most expensive entry-level ticket in college football this weekend, including the first round of the College Football Playoff.

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The cheapest ticket for the game at Bobcat Stadium in Bozeman, Montana, is $675 on Gametime Tickets compared to about $350 for the Miami at Texas A&M game, which is the most expensive of the four first-round College Football Playoff matchups. The most expensive ticket for the FCS semifinal is a sideline seat priced at $1,152. The Miami-Texas A&M game has Founder Club tickets listed at $2,484.

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The seating capacity for Bobcat Stadium is 20,767, compared to more than 102,000 at Texas A&M’s Kyle Field. The other three CFP games this weekend will be hosted by Oklahoma (capacity 80,126), Ole Miss (64,038) and Oregon (60,000).

Next year’s Montana-Montana State matchup starts at $876, with some tickets listed as high as $1,359.

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Montana State is the No. 2 seed in the playoffs at 12-2 after defeating Stephen F. Austin 44-28 in the quarterfinals this past weekend. Third-seeded Montana is 13-1 and beat South Dakota 52-22 in its quarterfinal. Montana leads the all-time rivalry 74-44-5.

Montana State has won the last two matchups between the teams, most recently winning 31-28 at Montana on Nov. 22. At least one of the teams has appeared in the FCS championship game in three of the past four years. Montana’s last national championship came in 2001, while Montana State’s came in 1984.

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Montana is led by head coach Bobby Hauck, who is the second-winningest active FCS head coach and one of the top 10 winningest active coaches overall in Division I football at 151-42. Montana’s key players are quarterback Keali’i Ah Yat, running back Eli Gillman and wide receiver Michael Wortham.

Montana State is led by head coach Brent Vigen. Key players for Montana State include quarterback Justin Lamson, running back Julius Davis and wide receiver Taco Dowler.



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