Montana
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.
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.
“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.
Where Khloe Kardashian Stands With Ex French Montana More Than 10 Years After Breakup
French Montana is done keeping up with reality TV.
In fact, he only agreed to appear on Keeping Up With The Kardashians and Kourtney & Khloé Take the Hamptons over a decade ago as a favor to then-girlfriend Khloe Kardashian.
“She said to get on the show,” he exclusively told E! News at the BET Awards on June 28. “And I got on the show. Shout out to Khloe.”
The “Ever Since U Left Me” rapper, who split with Kardashian in December 2014 after eight months of dating, said the experience was “fun” because her family kept it real.
“They filmed their real life,” he continued. “And we were part of something together that one time. So it felt great. It didn’t feel like work because they film what they do everyday.”
As for his future in reality TV, the 41-year-old said those days are over, shutting down any prospective offers with a simple, “Negative.”
Although the “Unforgettable” artist—whose real name is Karim Kharbouch—may not be returning to television anytime soon, he has no problem hanging out with his ex-girlfriend these days.
French Montana, Rick Ross & Max B Turn the BET Awards Into “
06/28/2026
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GREAT FALLS — For Staff Sgt. Brianna St. Lawrence-Brody, service does not only happen in uniform.
Outside the gates of the base, she works at Benefis as a nurse, Great Falls Public Schools as a school nurse, and comes home as a wife and mom of four. For the Montana Air National Guard, she serves as a command post controller with the 120th Airlift Wing in Great Falls.
(WATCH: Montana nurse and Guard member earns national Air Force recognition)
Montana nurse and Guard member earns national Air Force recognition
This year, St. Lawrence-Brody was named the U.S. Air National Guard’s Outstanding Airman of the Year in the Non-Commissioned Officer category.
She said the recognition came as a surprise, especially because her path into the Guard started later than others.
“I joined very late in life,” St. Lawrence-Brody said. “I joined the Guard right before I turned 40. So for me, every opportunity that’s presented, I want to take the bull by the horns and just run with it and do the best of my ability.”
During the COVID-19 pandemic, she joined the Guard after finishing nursing school. She said she went straight from nursing school into helping open a COVID unit, while also working at Benefis.
She said that experience was the start of one journey, but not the whole of what she wanted to accomplish.
St. Lawrence-Brody joined the Guard for the opportunities, the challenge and to help build a future for her four children.
“It’s a little bit of a competition for myself,” she said. “Like, if I can do it, why not try my best to achieve it?”
120th Airlift Wing Public Affairs
As a command post controller, she assists in helping move information during emergencies and major events.
“Outside, obviously, I’m a nurse. Inside the Guard, I have nothing to do with the medical field, which is kind of amazing,” St. Lawrence-Brody said. “It keeps me on my toes.”
She explained balancing the Guard, two civilian jobs and four children takes support from her family, her employers and her unit. She said Benefis and GFPS have been supportive of her military service.
Her nomination included her deployment experience, training work overseas and involvement across the wing. St. Lawrence-Brody said she deployed to Ramstein Air Base in Germany, where she worked with an operations center supporting entities connected to Africa.
But, she says this recognition is not the finish line.
“This award, it’s not necessarily a landing pad for me,” St. Lawrence-Brody said. “I want to use it as a springboard.”
120th Airlift Wing Public Affairs
St. Lawrence-Brody hopes her story encourages others to keep taking on new opportunities, even when they feel uncertain.
“Get comfortable with being uncomfortable and be okay with doing things afraid,” she said. “I think when you get to be okay with doing things afraid, that’s where you’re going to find the growth.”
She has already won at the Air National Guard level, but she recently traveled to Washington, D.C., as part of the broader Air Force Outstanding Airman of the Year process, which includes nominees from the Guard, Reserve and major commands across the Air Force.
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