Montana is at a crossroads. In agriculture, we are in the challenging position of trying to thread the needle between preserving our way of life and supporting the growth our communities have been dreaming of for years. As a rancher myself, I have seen firsthand the friction between our traditional Montana values of hard work, freedom, and caring for our neighbors and the thousands of new neighbors who have moved in. Since 2020, it is estimated that our population has increased by 60,000. This growth puts pressure on every aspect of our infrastructure, roads, land, and water.
Water is one of the most critical issues to address, and exempt wells are at the heart of that challenge.
Exempt wells are considered “small” water developments and are exempt from the standard permitting process, a process designed to protect other water users. In agriculture, many of us can appreciate a system that limits government involvement. The problem is that these “small” uses are adding up. Each year, exempt wells in Montana use billions of gallons of water. Of the approximately 141,000 exempt wells filed with the DNRC, about 72% are domestic wells serving homes. Like those of us in agriculture, developers also prefer an expedited process with limited government oversight.
So how can a subdivision qualify as a “small” use? The answer lies in how and when the wells are put to use. They are not developed all at once by a single entity. Instead, individual homeowners apply for water rights after purchasing lots. This makes it difficult for the system to distinguish between a stock well, a small rural home, and dozens of new homes in a subdivision.
For the past 30 years, agriculture and other groups have worked to find a way to curb overuse and protect senior water rights while still allowing the exemption. Not a single bill that would have limited the exemption has passed.
In areas like the Gallatin and the Bitterroot, farmers and ranchers are already seeing real impacts. They face the difficult reality that there may be no practical way to protect their constitutionally protected private property rights without litigation. These regions are among the fastest-growing, and while they are the first to feel these effects, they will not be the last if this continues unchecked. Rather than leaving individual farmers and ranchers to face this alone and allowing the problem to spread across the state, several groups, including Montana Farm Bureau, have joined together to challenge the constitutionality of exempt wells and to protect other water users from the misuse of exempt wells.
We have reached a point where we need to choose between protecting senior water rights and continuing the use of exempt wells as they currently exist. Even if you do not live in a high-growth area, Montana has been discovered, and it is time to find a more responsible way to develop our water resources. The lawsuit filed in Lewis and Clark County in November is forward-looking, and the resolution requested from the court is not retroactive. The intent is to stop the overuse. While the exemption is convenient, it is no longer practical.
Even without exempt wells, options remain. These include adding a stock tank and housing to an existing source (a process that was simplified in the last legislative session), replacing existing wells, or working through the permitting process. I recognize that, in some cases, these options are less convenient than simply drilling a well and filing for a water right. As a rancher and irrigator, I do not take that lightly. It is a difficult and disappointing departure from what we once had.
The permitting process was designed to ensure that new water uses do not harm other water users and, when impacts do occur, that the system is compensated in some way. Historically, this system has been used mainly for larger projects involving engineers, think communal water systems or irrigation wells, while exempt wells have been the primary option for small uses, leaving a gap in the permitting process. Montana Farm Bureau and the Senior Water Rights Coalition are now working on a proposal to bring before the Legislature that would simplify permitting for small uses while ensuring the protection of senior water rights and still allowing for responsible development.
One of the most challenging periods early in our ranching careers, nearly 10 years ago, came when our water right was taken due to a neighbor’s false claim of seniority. We challenged that claim in water court and ultimately prevailed, but it cost us tens of thousands of dollars and three years of uncertainty. As beginning ranchers, the experience nearly ended our budding business.
I cannot imagine what it would have been like if there had been no process to defend our water rights, if we had simply been out of luck and lost the irrigation water we depended on. That is the position many of our counterparts in the Gallatin and Bitterroot valleys now find themselves in. What is happening to them could happen to any one of us. If we don’t stand with them, it is only a matter of time before it does.
We all have a responsibility to protect private property rights, including water rights. Doing so will not only preserve irrigation but also protects pastures and fields from becoming a patchwork of subdivisions developed on exempt wells. Addressing this issue responsibly creates a future for both agriculture and our growing communities.
Karli Johnson is a sixth-generation rancher from Choteau, where she and her husband raise Black Angus cattle and kids along the Teton River. Karli is the Director of State Governmental Affairs for Montana Farm Bureau, where she is proud to give a voice to the grassroots policy developed by farmers and ranchers across the state.