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.
BOZEMAN — Aaron Flint and Al Olszewski, Republican candidates for Montana’s Western District U.S. House race, squared off Tuesday in their party’s only scheduled debate before the party primary.
The two debated for about 90 minutes at Bozeman’s Calvary Chapel before an audience of about 120 people. Bozeman anchors Gallatin County, which is second in Republican votes only to Flathead County within the 18-county district.
Natural resource jobs, affordable housing and U.S. military attacks on Iran dominated the discussion. Each question drew 12 minutes of response. Both men called for an end to stock trading by members of Congress, and for federal budgets to be passed on time through regular procedures.
The Montana GOP sponsored the debate. Candidate Christi Jacobsen, Montana’s secretary of state, was unable to attend, according to state Republican Party Chair Art Wittich. State Senate President Matt Regier moderated.
Among the highlights: Flint mentioned no fewer than eight times that he is endorsed by President Donald Trump. Olszewski mentioned Trump by name only a couple of times.
Never too far from Flint’s talking points were “far-left socialists,” whom he credited for “gerrymandering” the Western House District (which has delivered comfortable wins for Republicans since first appearing on the ballot in 2022). The 2026 election cycle was the target of Democrats on the state’s districting commission, Flint said. (Both Democrats on the commission that drew the district in 2021 voted against its current configuration.)
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The near faux pas of the night came during Olszewski’s discussion of good-paying jobs in trades and natural resources: “Trades jobs, natural resource jobs, you know, high-dollar, white-collar jobs, our remote workers who have moved into Montana, and we’ve adapted an economy around them. You know, these are the people, and those are the jobs that will bring our kids home, those high-paying white-collar jobs, or a good natural resource job in western Montana, in one of those mines, or, you know, you know, a sawyer or a hooker” — big pause — “as in timber, not the other way around.”
The line that didn’t land: Flint tried and failed to get audience applause for the 2024 defeat of Democratic U.S. Sen. Jon Tester by Republican Sen. Tim Sheehy — an unseating Flint campaigned for.
“How many of you out there are so glad that we finally got rid of the flip-flop, flat-top liberal senator, Jon Tester? How many of you are so glad we finally did that?”
After a silence, Flint explained to people watching the debate on Facebook that the audience was just being polite.
“They’re waving because we can’t have disruptions. See, they’re good rule followers here in the Republican Party,” Flint said.
Asked how to alleviate Montana’s housing affordability crisis:
Olszewski: “The only way you can afford an expensive house is you’ve got to have a job that pays good money. Tourist jobs provide rent and roommates. Trades jobs, natural resource jobs, high‑dollar white‑collar jobs … those are the jobs that will bring our kids home.” Dr. Al, as Olszewski is widely known, said Wall Street investment buyers are distorting housing prices and the federal government has weakened the dollar.
Flint: “Thirty percent of the cost of a home is all due to red tape and regulations … It costs $100,000 to build a home before you even put a hole in the ground.”
Flint said reviving Montana’s timber industry would lower home values and added, “I support President Trump’s ban on these big Wall Street firms buying single-family homes. I think that’s something that we’ve got to get across the finish line.”
“We can deliver when it comes to making the Montana dream affordable again by delivering affordable housing. But another piece is promoting trades and trades education to build up our workforce.”
Asked how Congress should respond to the Iran conflict:
Olszewski: “I supported our president with what happened in Venezuela. There’s a $25 million bounty on basically someone that was killing our people through drugs, right? I’m not so happy with what’s going on in the Iran war. I’m not a warrior. I’m a physician from the military that fixed military people … What my perspective is, is that countries can win wars, but people do not. They don’t come back.” Olszewski said Congress will have to decide whether to authorize further use of military force and set terms in about 10 days.
Flint: “Let me just say this. We are sick and tired of these forever wars, and we do not want to see a long-term boots-on-the-ground Iraq-style nation-building exercise, and I think President Trump shares that mission as well. Let me also say this about Iran. First off, [former Venezuelan President Nicolás] Maduro is behind bars. [Iran’s Supreme Leader Ayatollah Ali] Khamenei is dead, but the far-left socialists are on the march in Montana.”
Asked about reforming Congress:
Olszewski: “What our congressmen and congresswomen have to understand is that if you’re in the House, the House belongs to the people, and they need to, first and foremost, represent you, not themselves, not special interests. It’s not about sound-bites. It’s about actually getting work done and governing.” Olszewski said the House needs to pass a budget based on 12 agency appropriations bills before the end of each federal fiscal year, a process known as “regular order.”
Flint: “We need to return to regular order and get single-subject bills and get these appropriations bills done one by one. If they can’t get a budget done, they shouldn’t get paid. And we need a ban on congressional stock trading. Because I think part of the reason why the American people are so frustrated with Congress right now is because … they believe that Congress is so useless, because we’ve got some of these politicians back there that are getting rich off the backs of taxpayers.”
Neither candidate offered a plan for cutting taxes, once a staple of Republican platforms. Both supported reductions in federal spending without identifying particular cuts.
Voting in Montana’s 2026 primary election begins May 4 and ends June 2.
POLSON, Mont. — Two motorcyclists crashed on Highway 35 near Polson after failing to negotiate a left-hand curve, leaving one man dead and another hospitalized, according to the Montana Highway Patrol.
Two motorcycles were traveling southbound on Highway 35 when both drifted into a guardrail. Both drivers were separated from their motorcycles and ended up on the other side of the guardrail.
A 58-year-old Polson man was confirmed dead at the scene. The second driver, a 45-year-old man, also from Polson, was taken to the hospital with injuries.
Alcohol is a suspected factor in the crash, according to the Montana Highway Patrol.
The crash is under investigation.
KALISPELL — A Flathead County man is turning a personal rock bottom into a lifeline for his community by starting a free, late-night ride service to keep drunk drivers off the roads.
Adam Bruzza started Big Sky Sobriety Shuttle LLC, a free ride share service for people who have been drinking, after realizing he was struggling with addiction.
Maddie Keifer reports – watch the video here:
MT man starts free, late-night ride service to keep drunk drivers off the roads
“I just wanted to give people who do still drink the option for a safe, sober ride home,” Bruzza said.
Bruzza said a devastating mistake behind the wheel became a turning point where he decided enough was enough.
“I was charged with a DUI October 22 of 2024,” Bruzza said.
After a few months focused on his sobriety, Bruzza channeled his energy into his community by starting the shuttle service.
He operates the shuttle in his personal pickup truck. Riders can reach him by phone, text or social media at any time of day or night at no cost.
“I just wanted to give others the opportunity to not get a life changing charge,” Bruzza said.
Bruzza works with bars to connect riders with his service. Although the Big Sky Sobriety Shuttle is a new endeavor, he has already seen a big impact.
“The community response without a doubt has been unconditional love and support that makes my heart all warm and fuzzy,” Bruzza said.
Bruzza also shared a message for others who may be struggling with addiction.
“Your life is worth it, there are people that care out there and it is okay to ask for help,” Bruzza said.
To learn more, click here to visit the Facebook page.
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