Senior Ag Water Rights Alliance outlines two water bills to constrain DNRC and clarify post‑adjudication venue

2129144 · January 14, 2025

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Summary

Representatives of the Senior Ag Water Rights Alliance told the Senate Agriculture, Livestock and Irrigation Committee they will support a bill requiring DNRC to obtain state land board authorization before asserting ownership of water on state lease land and a bill to confirm that, after adjudication, water disputes return to district courts.

Jocelyn Galt Cahill, representing Metropolis Narison Associates and client Senior Ag Water Rights Alliance (SARRA), briefed the committee on two water proposals the alliance intends to support this session.

The first proposal would require the Department of Natural Resources and Conservation (DNRC) to secure state land board authorization before asserting ownership of water on state‑leased land. Cahill said the change is intended to protect senior water right holders who divert water onto adjacent state lease parcels.

The second proposal would clarify that once water adjudication is complete the water court’s role ends and remaining disputes should be handled in district courts. Cahill said SARRA supports keeping adjudication intact while returning post‑adjudication matters to local district courts.

Cahill told senators these are largely committee‑referral items; she said the group expects the measures to be handled in committees that specialize in water law and land management. She noted SARRA’s membership consists of senior agricultural water right holders concerned about protecting historic water uses.

Committee members asked technical questions about whether the water court is year‑round and about how the bills might affect development projects. Cahill said the water court in Bozeman is year‑round with a water judge, associate judge, and staff handling adjudication, and she said SARRA believes adjudication should remain intact while routine post‑adjudication litigation be heard locally.

No formal committee action or votes occurred on either proposal during this hearing.