By Raylee Honeycutt, Executive Vice President, Montana Stockgrowers Association
Water is not just a resource in Montana—it is the lifeblood of ranching. It sustains our livestock, our land, and the rural communities that form the backbone of the Treasure State. For generations, Montana ranchers have depended on reliable, practical access to water to keep operations viable, especially in times of drought and uncertainty.
Since 1884, the Montana Stockgrowers Association (MSGA) has been a leading voice in protecting water rights in Montana. That mission has never been more critical than it is today.
In recent months, a case was brought before the Lewis and Clark District Court challenging the constitutionality of Montana’s exempt groundwater development statute, commonly known as exempt wells. While the legal arguments will play out in the courtroom, the real-world consequences of this case demand attention now.
If this challenge is successful, it is highly likely that exempt wells could be deemed unconstitutional. For livestock producers, that would mean any new well—no matter how small or necessary—would be subject to the full permitting process under the Montana Water Use Act. Even wells used solely for stockwater could face costly delays, uncertainty, and administrative hurdles.
To understand the magnitude of this issue, it is important to understand what exempt wells are and why they matter. Under current law, exempt groundwater developments are limited to 35 gallons per minute and no more than 10 acre-feet per year. The intent of the exemption is for small, de minimis uses of water that support homes, livestock, and modest agricultural operations.
These wells are not a loophole—they are a lifeline.
Exempt wells provide critical access to water for family ranches, livestock operations, and homes that cannot connect to municipal systems. Many beginning producers and young families rely on them to build a future in agriculture. In times of extreme drought, they offer flexibility and resilience when other water sources fall short.
Eliminating this exemption would have far-reaching consequences. It would raise costs for producers, slow or halt new agricultural development, and create significant barriers for the next generation of ranchers.
At the same time, MSGA recognizes that Montana’s water policy is not perfect. There are legitimate concerns regarding protecting senior water right holders—those who have long-standing, legally recognized claims to water. These rights are foundational to Montana agriculture and must be preserved.
That is why in March MSGA co-presented a proposed policy framework to the legislature’s Water Policy Interim Committee (WPIC). Since then, our organization has been actively working with a coalition with legislators, the DNRC, and a broad group of stakeholders representing diverse interests including ranching, development, land planning, and conservation to find a balanced solution. During the May WPIC meeting, MSGA further emphasized the importance of reform and the need for common sense legislation.
MSGA’s goal is clear—protect senior water rights while maintaining reasonable, workable access to water for ranchers and rural communities.
We are committed to pursuing a legislative remedy that strengthens protections for senior water rights without dismantling the practical tools producers rely on every day. That includes preserving the ability to utilize exempt wells responsibly and for de minimis use, while improving oversight and clarity where needed. Exempt wells are not unique to Montana. Many states across the west utilize some form of an exemption.
This is not an either-or issue. Montana can, and must, protect property rights and explore common sense solutions for access to water at the same time.
The stakes of this case are high. A permitting requirement for even the smallest wells would fundamentally change the landscape of rural Montana. It would place an undue burden on the very people who steward our land and contribute to our state’s largest economic commodity.
Water has always defined the success of ranching in Montana. As we watch this legal challenge, we must ensure that policies reflect both the realities of modern ranching and the enduring importance of protecting senior water rights.
MSGA will continue to advocate for common-sense regulatory reform, compliance, and practical solutions that keep Montana ranching strong for generations to come.
Because without water, there is no ranching, and without ranching, a vital part of our country’s food and national security is at risk.
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Raylee Honeycutt is the Executive Vice President of the Montana Stockgrowers Association, where she represents cattle producers and ranching families on key agricultural and natural resource issues. Her work focuses heavily on water policy, including protecting Montana senior water rights, advancing drought solutions, and ensuring agricultural producers maintain a strong voice in state and federal water management decisions. Honeycutt works closely with lawmakers, landowners, government agencies, and conservation partners to advance practical, producer-driven policies that sustain Montana’s working lands, rural communities, and ranching economy.
