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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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University of Montana president job draws high interest • Daily Montanan

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University of Montana president job draws high interest • Daily Montanan


The search for a new University of Montana president has drawn more than 60 applicants, according to a spokesperson for the Office of the Commissioner of Higher Education.

“We do not have an exact count at this time, as several applications are still being completed and additional submissions are expected,” said spokesperson and Deputy Commissioner Galen Hollenbaugh in an email earlier this week.

In January, then-UM-President Seth Bodnar announced his resignation to pursue other public service. Wednesday, the final day of filing, he announced he was running as an independent for the U.S. Senate to try to unseat Republican incumbent Steve Daines.

Commissioner of Higher Education Clayton Christian earlier said that with the advice of AGB Search, a firm that’s helped the Montana University System conduct other executive searches, he would undertake an expedited process to appoint a new president.

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Christian has been providing brief updates on a website dedicated to the search. Last week, he said he and AGB Search are reviewing applications, and the pool of candidates was “strong and diverse.”

The commissioner also announced he was convening a small working group to assist in the search, members who “represent a variety of perspectives to assist in vetting and narrowing this field of exceptional candidates.”

In an email this week, Hollenbaugh identified the members of the working group who are assisting Christian with application review as:

  • Community member and former Regent Joyce Dombrouski
  • Faculty Senate Chairperson Valerie Moody
  • Staff Senate President Dominic Beccari
  • Administration Representative John DeBoer (Vice President of Academic Affairs)
  • ASUM (Associated Students of the University of Montana) President Buddy Wilson

Hollenbaugh declined to comment on the way the rest of the process would unfold or the role the working group members would play.

Christian earlier said he anticipated an appointment within one to three months, or as soon as early this month.

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Montana Supreme Court allows ballot measure on initiative process to move forward

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Montana Supreme Court allows ballot measure on initiative process to move forward


HELENA — The Montana Supreme Court has ruled in favor of a proposed ballot measure intended to simplify the process for introducing ballot measures in the future.

Justices ruled 5-2 that the measure, currently called Ballot Issue #8, did not violate state requirements that a single constitutional amendment can’t make multiple separate changes to the Montana Constitution.

“We’re very grateful to the Montana Supreme Court for agreeing with us that the attorney general’s finding of legal insufficiency for Ballot Issue #8 was incorrect,” said SK Rossi, a spokesperson for Montanans Decide, the group sponsoring the measure.

Montanans Decide argues the Montana Legislature has passed laws making it harder for the public to propose and pass ballot issues. The Montana Constitution already guarantees the people the right to pass laws and amendments through ballot measures, but Ballot Issue #8 would expand that to include a right to “impartial, predictable, transparent, and expeditious processes” for proposing those measures. It would seek to prevent “interference from the government or the use of government resources to support or oppose the ballot issue.”

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Attorney General Austin Knudsen’s office argued the measure “implicitly amended” multiple provisions in the state constitution, including by limiting the “power and authority of public officials to speak officially on ballot issues that affect those officials’ public duties” and by putting restrictions on judges and on the Legislature. Montanans Decide, the group sponsoring Ballot Issue #8, disagreed – and the majority of justices sided with them.

“Its provisions operate together to define and protect a single constitutional right—the people’s exercise of initiative and referendum,” wrote Justice Katherine Bidegaray in the majority opinion. “They are closely related components of one constitutional design.”

Bidegaray’s majority opinion was joined by Justices Jim Shea, Laurie McKinnon, Beth Baker and Ingrid Gustafson.

Chief Justice Cory Swanson and Justice Jim Rice each wrote dissenting opinions, saying they would have upheld Knudsen’s decision to disallow Ballot Issue #8. Rice said the language restricting government interference with a ballot issue was not closely related and should have been a separate vote. Swanson agreed with Rice and said the measure’s attempt to fix a timeline for legal cases surrounding ballot measures was also a separate substantial change.

In a statement, Chase Scheuer, a spokesperson for Knudsen’s office, reacted to the decision.

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“This decision only further muddies the courts’ jurisprudence on ballot issue questions,” he said. “This initiative would violate the separate vote requirement by amending multiple parts of the Montana Constitution, but the court contradicted its prior rulings. Attorney General Knudsen will continue to neutrally apply the separate vote requirement in his review of ballot initiatives.”

The court’s decision means that Knudsen’s office will now need to approve ballot language for Ballot Issue #8. Once that language is finalized, Montanans Decide could begin gathering signatures to qualify the measure for the November ballot.

However, last year, sponsors of another initiative went to the Supreme Court to argue that the ballot statements Knudsen prepared were misleading. If Montanans Decide object to their ballot statements, that could further delay signature gathering while the case plays out in court.

“Regardless, we’re going to push as hard as we can to get those petitions into the hands of voters and let them sign and support if they so choose,” said Rossi.

Rossi said the legal battle this measure has gone through – and the possibility of more to come – shows why Ballot Issue #8 is needed.

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“The state Legislature, and also statewide elected officials, have taken every opportunity to create burdens and hurdles and rigamarole for campaigns to get through in order to just get to the signature gathering phase, and then to get through the signature gathering phase onto the ballot, and then get through the election phase,” said Rossi. “The reason we filed this initiative is just to make sure that the process is simple, that the timeline is clear, and that Montanans can have their will heard when they want to propose and pass laws that they deem worthy.”





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Christi Jacobsen enters race for Western House seat

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Christi Jacobsen enters race for Western House seat


Montana Secretary of State Christi Jacobsen is running for Montana’s Western Congressional District seat, entering the race a day after U.S. Rep. Ryan Zinke announced he would not seek reelection.

Jacobsen’s announcement sets up a new contest for the open seat after Zinke, a Republican, said he would seek reelection.

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“As your Secretary of State, I’ve stood up to Washington overreach, defended election integrity, and delivered real results for Montanans. In 2020, voters gave me a mandate to clean up our elections, grow Montana business, and push back against radical liberal special interests. I delivered. Now it’s time to take that same results-driven, America First leadership to Congress.”



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