Montana Supreme Court sides with state in water right dispute

The Montana Supreme Court has sided with the state’s Department of Natural Resources and Conservation in a dispute involving a 64-year-old water right that’s used to irrigate both private and public land.

In a unanimous opinion authored by Justice Beth Baker, the court ruled that the state retains an ownership interest in a water right first claimed in 1960 by John Schutter of Gallatin County. The water right is somewhat unique in that it’s supported by a well that was drilled on private land, but used to irrigate both private and public land. Debra and Sidney Schutter use that well to grow potatoes and other crops on three, square-mile sections of land they own, as well as a square-mile section of state trust land that’s managed by the Department of Natural Resources and Conservation.

The dispute that inspired the lawsuit began in 2019 when the Montana Land Board — composed of the state’s top five elected officials —  claimed ownership of the portion of the water right used to irrigate the state land. The Schutters objected to the state’s ownership claim and brought the matter before the Montana Water Court, which ruled in favor of the state.