Water legislation could mean trouble for farmers, ranchers

Legislation under consideration in Helena on water use and water rights could negatively impact the economic future of Montana family farms and ranches.

Senate Bill 72 makes sweeping changes to Montana water law, directly targeting our local district courts’ supervisory authority over local water commissioners. It replaces our current functioning system and centralizes control in a new, permanent Water Court with expanded powers over water rights enforcement.

Controversial provisions in this bill create a new opportunity for water right holders, including environmental groups and governmental agencies, to file petitions objecting to final water right permits and change authorizations granted by the DNRC decades ago, resulting in possible modification or revocation. This threatens investments made in irrigation wells and pivots, as well as farm and ranch operations’ reliance on those water rights.

If passed, water court judges will be appointed by the governor, followed by Senate confirmation, and then subject to a retention election years later. Voters will have no ability to choose who their water court judge is; they will only be able to vote yes or no to keep a water court judge. If voters elect not to retain a judge, the governor chooses their replacement and the process starts again.

The current system works for the vast majority of water users, which is why so many have come out to oppose this bill and support local water management. Legislators should leave well enough alone and reject this effort to centralize power within an unaccountable bureaucratic statewide court.

Ross Salmond

Choteau

President of the Alliance for Local Water Management