State Land Board Adopts Commissioner Brown’s Motion to Provide Advanced Notice ofWater Discussions

FOR IMMEDIATE RELEASE

Helena, Montana – At today’s meeting of the Montana Board of Land Commissioners, Commissioner of Securities and Insurance and State Auditor James Brown introduced a motion aimed at increasing transparency and public participation in state land water rights proceedings before the Board.  The motion, which passed unanimously, will require the Department of Natural Resources and Conservation (DNRC) to provide advanced and adequate notice to water rights holders when their rights are scheduled for consideration by the Board for possible water court objections related to, or assertion of, a state ownership interest.

Currently, the Land Board lists water rights numbers impacting state trust land on its agenda.  However, under the current public notification process, owners may not always be aware when their rights are under review. Commissioner Brown’s motion enhances the Land Board’s public notice process by mandating direct notification by the State to affected water right owners. The intent is to ensure that those with water rights have the opportunity to appear before the Board and provide public comment prior to the Board making a final decision to move forward with its own water court legal filing.

“As a fourth-generation Montanan whose great-grandfather homesteaded in Beaverhead County, I strongly believe Montanans deserve to know when the state is discussing their water rights,” said Commissioner Brown. “My successful motion is about fairness and transparency. Water right holders should have the chance to participate in the process and make their voices heard before any decisions are made regarding their interests. Water is the lifeblood of Montana agriculture. I would like to thank all four of my Board colleagues, Governor Gianforte, Attorney General Knudsen, Secretary of State Jacobson, and Superintendent of Schools Hedalen, for voting for this important public notification and participation procedure.”

The Montana Land Board, which oversees over 5 million acres of state trust land, has recently taken steps to increase oversight of DNRC actions concerning private water rights, following concerns from farmers, ranchers, and other landowners. Commissioner Brown’s proposed change builds on these efforts, reinforcing the Board’s commitment to open government and stakeholder engagement.

If adopted, the new policy would direct the DNRC to notify water rights owners whenever their rights are placed on the Land Board agenda for potential state action. This notification would allow owners to prepare, attend meetings, and offer public comment as part of the official record.

For more information about the Land Board, visit our website at csimt.gov/land-board.

The Montana State Auditor, Commissioner of Securities and Insurance, regulates the insurance and securities industries in Montana. The State Auditor
is also an ex officio member of the Montana Board of Land Commissioners. James Brown was elected Montana State Auditor in 2024.

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