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Montana Land Board decides to take stronger role in water decisions • Daily Montanan

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Montana Land Board decides to take stronger role in water decisions • Daily Montanan


The Montana Land Board decided to take back the authority it ceded decades ago at its May meeting, but the decision to do that, along with a recent Supreme Court ruling, has cast an uneasy tension between state leaders and the agricultural community.

As temperatures continue to rise and the threat of fire grows, ranchers and farmers continue to be concerned about their land and access to water. In Montana, water rights are notoriously complex and litigious, with some disputed claims still outliving the residents who originally brought them.

At issue is how the State of Montana claims water rights when dealing with state-owned leased lands. Like many western states, large tracts of land are held in trust by the state and money made from leasing the land goes into a fund to support public education.

However, a recent court case and the management of water rights by the Montana Department of Natural Resources and Conservation, the state agency in charge of the trust lands, has sparked renewed concerns that the state may try to take water rights away from property owners.

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The case, Schutter vs. State Land Board, was decided in May and the state’s highest court ruled that if a resident filed a water claim, even if the source of the water was on private land, that if it has been used in part to water state land then the state owns part of that water right. That has led to an uproar from the agricultural community, which is worried that simply transferring water from private land to leased state land will create an opportunity for the state to take water rights.

From that decision and recent contentious land board meetings, the Montana Land Board, comprised of the five “constitutional” officers (the governor, attorney general, auditor, secretary of state and superintendent of public education), has revisited its policy of delegating legal challenges to the state’s Department of Natural Resources.

Because of the uproar and concern from the Schutter case, the land board decided to reverse a decades-long policy of delegating water rights decisions to agency officials, and will now require any potential future water cases go to the board for permission to proceed. In other words, the DNRC will no longer be able to litigate or challenge cases without first getting the approval of the land board, a change brought by Montana Attorney General Austin Knudsen, who had previously vowed to update the policy to bring more oversight to the elected leaders and less authority to the agency.

The proposal was supported unanimously. All members of the state’s Land Board are Republican.

Though the policy promised more oversight, farmers, ranchers, attorneys and those in agriculture seemed uncertain whether the move would help with disputes.

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Many members of the agriculture community testified that they were still worried about the uncertainty they saw in the application of Montana law. Many expressed concern that during dry years if they used water they owned on state land to help, the state may try to claim a portion of it.

“We have to be assured that if we use our water on state land,” said Sen. Butch Gillespie, who gave public comment as both a rancher and Republican state senator.

Carl DeVries, a rancher from Roberts and a member of the Senior Agricultural Water Rights Alliance agreed.

“We need assurances if it is a temporary situation,” DeVries said.

For months, farmers and ranchers have said that without more protections or assurances that they would be hesitant to lease land for fear of losing water rights.

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Lt. Gov. Kristen Juras worked with the DNRC to present to the Land Board an overview about how the state department works with residents who bid on and win the state leases. Juras is not only the lieutenant governor, but comes from an agricultural background and is an attorney. She pointed out that paperwork can be filed with the state to protect temporary water usage on state land.

Betsy Story, a water law attorney from Helena, said that she was still concerned about the gray areas of the law, including when the state claims part of a water right that originates completely on private land. What happens, she asked, if another person in the future wins the lease for state land? She said a situation like that raises plenty of thorny legal issues.

Knudsen said he hoped returning legal oversight to the land board will help mitigate some of the conflict.

“This means that if the DNRC wants to make a legal claim, it must get explicit approval from us,” Knudsen said. “This should be as much as it can be in the public.”

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Montana transgender lawmaker on Capitol Hill's bathroom ban: 'Do not cede ground'

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Montana transgender lawmaker on Capitol Hill's bathroom ban: 'Do not cede ground'


The question of who uses which bathroom on Capitol Hill has become a heated topic ahead of the 119th U.S. Congress convening next year.

This debate was sparked by the historic election of Sarah McBride, a transgender woman, to represent Delaware in Congress. In response, Rep. Nancy Mace (R-S.C.) introduced a resolution aiming to require transgender individuals to use bathrooms corresponding to their sex assigned at birth.

Democratic state Rep. Zooey Zephyr, the first transgender woman in Montana’s state legislature, understands what it feels like to be singled out.

She joined Scripps News on Friday to weigh in on the controversy unfolding in D.C.

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“It’s important to acknowledge that while these attacks on transgender people are always brought one bill at a time, they do not focus on specific issues,” Zephyr said. “The hate of trans people is boundless. We saw that when Nancy Mace went on far-right media earlier this week and claimed that it was ‘offensive’ that Congresswoman McBride views herself as an equal to Nancy Mace.”

“When we see policies targeting trans women just trying to live their lives in the restroom, trying to play sports with their friends — that is not where the hate stops from the right,” Zephyr said. “That hate is on display at every moment, which is why it’s important for us to resist these efforts to target our community.”

In 2023, Republican lawmakers in Montana voted to ban Zephyr from the House floor and from participating in debates after she spoke out against a bill banning gender-affirming care for minors. The incident led to legal challenges over Zephyr’s censure and to political activism from supporters of transgender rights.

“The attacks we see on trans people will escalate. This will not be the last attack on Congresswoman McBride,” Zephyr said. “In my perspective, it is important that we make sure as trans people in this country that we do not cede ground to someone who wants to erase us — regardless of whether they want to erase us in the Capitol, or if they want to erase us as we go through our daily lives in public. We have to stand strong.”

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Rep. Nancy Mace to introduce bill on restroom use tied to sex at birth

In an interview with Scripps News this week, Mace said her resolution was specifically targeted at Rep.-elect McBride, who stated she will “follow the rules as outlined” even if she disagrees with them.

“I’m not here to fight about bathrooms,” McBride said. “I’m here to fight for Delawareans to bring down the costs facing families.”

Despite McBride’s statement, Mace said her effort to ban transgender individuals from certain bathrooms extends beyond Washington. She is advocating for legislation requiring transgender people to use restrooms that align with their sex assigned at birth on any property receiving public funds.

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“I have PTSD from the sexual abuse I have suffered at the hands of a man. We have to as women draw a line in the sand, a big fat red line, about our rights,” Mace said. “And the basic question today is, do women have rights or do we not? And I will tell you just the idea of a man in a locker room watching me change clothes after a workout is a huge trigger and it’s not OK to make and force women to be vulnerable in private spaces.”

RELATED STORY | As House GOP targets McBride, she says ‘I’m not here to fight about bathrooms’





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Powerhouse Football Team Drops Incredible Hype Video For Legendary Rivalry Game

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Powerhouse Football Team Drops Incredible Hype Video For Legendary Rivalry Game


Montana State brought its fastball for the team’s Brawl of the Wild hype video.

The Bobcats will take the field Saturday against the Montana Grizzlies in the latest installment of one of the greatest rivalries in all of sports.

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Fans of the Bobcats and Grizzlies hate each other. They’re the only two major schools in the state, and both are FCS powerhouses.

The bitterness runs deep between the fans, and once a year, they come together on the gridiron to earn bragging rights for a year.

Montana State drops epic hype video for Brawl of the Wild against Montana. 

If you’re going to play in a monster college football game, then you need a great hype video to get the fans juiced up.

Well, the Bobcats brought their A-game with a hype video featuring Journey’s classic hit song “Separate Ways (Worlds Apart).”

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Smash the play button below, and then hit me with your reactions at David.Hookstead@outkick.com.

That video goes insanely hard. That’s one of the best hype videos I’ve seen all season long, and I’m not at all surprised that it’s for the Brawl of the Wild.

The 11-0 Bobcats battling it out with the 8-3 Grizzlies is exactly what fans want to see in the final game of the regular season, and the stakes couldn’t be higher.

MSU is looking to go undefeated. Montana is looking to play spoiler and improve their position for the FCS playoffs.

This is what it’s all about, and do not sleep on the Brawl of the Wild simply because it’s FCS action. As someone who used to live in Bozeman, I can tell you that the environment will be nuts Saturday and the city and Bobcat Stadium will be rocking.

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You can catch the game at 2:00 EST on ESPN+. It should be one of the best of the weekend. Let me know your thoughts on the Brawl of the Wild at David.Hookstead@outkick.com.





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'Montana Bar Fairies' expanding to Bozeman starting Cat-Griz weekend as Gallatin County DUIs increase

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'Montana Bar Fairies' expanding to Bozeman starting Cat-Griz weekend as Gallatin County DUIs increase


BOZEMAN — People in downtown Bozeman who choose not to drink and drive after a night out will soon see fairies giving them a gift to thank them for their good choices.

“Montana Bar Fairies is a nonprofit that my daughter and I started because my son was killed by a drunk driver in the Flathead, on March 23rd, after celebrating his 21st birthday,” says Beth McBride.

Bobby Dewbre was set to graduate from Flathead Valley Community College with a welding certificate before he was hit by a drunk driver while waiting for his sober ride.

To ensure no other family experiences the grief they do, Beth McBride and her daughter Carli Dewbre decided to start Montana Bar Fairies.

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Hevenn Vanh

Montana Bar Fairies shirt that says, “Your luck will run out. Don’t drink and drive.”

“My daughter drove by a bar early in the morning on her way to work and she saw some cars in the parking lot. And she called me up and she said, ‘Mom I wish there was a way that we could thank people for not drinking and driving, for leaving their cars,’” McBride recalls.

The nonprofit began in Kalispell almost a year ago, but an increase in DUI-related accidents in Gallatin County brought the Bar Fairies to Bozeman.

“There seems to be a desire for the community here to say, ‘You know what? We’re done.’ It’s over. We’re not accepting drunk driving anymore. It’s time to save lives,” says McBride.

According to the Gallatin County DUI Task Force, Gallatin County consistently ranks in the top five most dangerous counties in Montana for impaired driving—with Bozeman Police issuing a majority of all DUIs in the county.

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Bozeman’s Bar Fairies chapter director and MSU student, Patricia Hinchey, says there’s no better time to start their work in Bozeman than the weekend of Cat-Griz.

“Sunday morning, we’re going to be going really early and placing coffee cards on cars, around downtown, in the parking lots, along the streets. And so, if you’re lucky, you might get a coffee card thanking you for not drinking and driving after the Cat-Griz game,” Hinchey says.

Included with each coffee card is a card with a story of someone who lost their life to a drunk driver. Patricia says they’re looking for Bozeman families willing to share their story, as well as more volunteers.

“We want to take Montana from the worst state for DUI fatalities to zero. And we need the community’s help to do that,” says McBride.

Contact Hinchey for help with Bozeman’s chapter at Patricia@montanabarfairies.org

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Learn more about Montana Bar Fairies at their website.





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