AG & NATURAL RESOURCES

CLOUD SEEDING - 2002

BE IT RESOLVED: in considering the threat of continuing drought we urge that legislative steps be taken to clear the way for cloud seeding projects within Montana.

PROTECTION OF LAND OWNERS RIGHTS - 2003

WHEREAS: Federal laws allow energy companies who lease federally-owned gas, oil and coal bed methane to enter private property to build roads, drill wells, lay pipelines and dig pits without landowner permission,

WHEREAS: Development of federally owned oil and gas needs to be balanced against protection of private property rights,

WHEREAS: According to the Environmental Impact Statement (EIS) prepared by the Bureau of Land Management, the proposed development of coal bed methane will impact landowners in Montana in the following ways:

·       Development of 9,000 miles of new roads

·       Construction of 28,000 miles of new power lines and pipeline corridors

·       Construction of 4,000 waste water impoundments

·       Lower the water level in the aquifer underlying the Powder River Basin by up to 600 feet,

THEREFORE BE IT RESOLVED: the following guidelines be reflected in federal energy policies to protect private property rights:

·        Require a “surface use agreement” before a drilling permit can be issued and establish standards for surface use agreements that help ensure responsible development.

·        Allow the mineral lessee to apply for a drilling permit if the landowner and lessee cannot agree on a surface use agreement, but require the plan of operations to meet the standards established for surface agreements, and require the lessee to post a bond to ensure the surface owner is compensated for damages.

Give the surface owner the right to:

·       Review and request changes to the proposed plan of operations

·       Comment on proposed bond amounts

·       Object when a lessee applies for bond releases

·       Request and participate in an inspection when he/she believes the plan of operations is being violated.

PRIVATE PROPERTY - 2003

WHEREAS: Montana Cattlemen’s Association’s mission statement and profile reference supporting Montana’s environmental, cultural and historical heritage, and protecting and advancing environmental positions in water rights, mineral rights and natural resources

WHEREAS: Montana Cattlemen’s Association’s purpose is to restore prosperity to rural Montana, by advancing the interests of agriculture.

WHEREAS: Absent is any reference to defense of property rights in Montana Cattlemen’s Association’s mission statement, although there are acts of congress and laws that create property for ranchers on federal land: (i.e. water, forage and RS 2477 rights of way)

WHEREAS: Many agency policies conflict with and/or deny said property rights and various statutes,

WHEREAS: Language in the Federal Land Policy Management Act gives local government an opportunity for coordinating agency status

WHEREAS: An ag organization requesting agencies to recognize and comply with these laws would be a benefit to rural economies,

THEREFORE BE IT RESOLVED: Montana Cattlemen’s Association take a leading role in educating membership on laws concerning property rights and encourage agencies to develop policy that is in accordance with law, therefore helping defend and restore rural economies.

BE IT FURTHER RESOLVED: Even though Montana Cattlemen’s Association recognizes the importance of scholastic excellence, it also recommends an attempt be made to identify a process of recruitment that selects individuals with skills and physical capabilities in addition to academics.

BE IT FURTHER RESOLVED: As an incentive to veterinary students, Montana Cattlemen’s Association recommends that one year of college loans be waived every year spent in the service of livestock production areas.

WATER RIGHTS - 2004

WHEREAS: Montana ranchers’ water rights are being threatened on a variety of fronts including vested water rights on otherwise public land.

THEREFORE BE IT RESOLVED: Montana Cattlemen’s Association vigorously acts to inform and encourage their membership of their ownership of water rights on federal lands, to assert and defend those rights, and

BE IT FURTHER RESOLVED: Montana Cattlemen’s Association shall diligently work to form a coalition of like-minded organizations and institutions to work with state and federal agencies to protect Montana ranchers’ vested water rights on public and private lands.  

WATER RIGHTS - Updated 2006

WHEREAS Montana ranchers’ water rights are being threatened on a variety of fronts including vested water rights on otherwise federal split estate lands recognizing prior existing rights,

THEREFORE BE IT RESOLVED Montana Cattlemen’s Association vigorously acts to inform and encourage their membership of their ownership of water rights on federal lands, to assert and defend those rights, and 

BE IT FURTHER RESOLVED Montana Cattlemen’s Association shall diligently work to form a coalition of like-minded organizations and institutions to work with state and federal agencies to protect Montana ranchers’ vested water rights on public and private lands.

EMINATE DOMAIN - 2005

WHEREAS: In recent times in our nation, municipalities have used the “eminent domain” process to condemn and seize private property for the purpose of private economic development and re-sale to the private sector;

NOW THEREFORE BE IT RESOLVED: Montana Cattlemen's Association opposes the use of “eminent domain” to condemn private property for the sole purpose of economic gain or development for individuals and/or corporations.

SPLIT-ESTATE RIGHTS – OIL, GAS, AND COAL BED METHANE - 2005

A resolution of the Montana Cattlemen’s Association urging the State of Montana to enact equitably Split-Estate Laws for the mineral owners and surface owners, related to oil and gas development and coal bed methane (CBM) reclamation; and urging Montana’s Board of Environmental Review to adopt rulemaking which facilitates use and conservation of water resources beyond methane extraction.

WHEREAS: many MCA members live, farm, and ranch in oil and gas producing counties in Montana, which produce natural gas and coal bed methane (CBM) resources, and MCA recognizes a need for development of oil and gas resources as a source of jobs and tax revenue for the state of Montana; and

WHEREAS: protection and conservation of water resources, fostering a diversity of land ownership and the productive use of surface property, as well as reclamation of disturbed surface property, are critical to the viability of our agricultural economy in Montana; and

WHEREAS: MCA strives to honor an environmental ethic in protecting and advancing its positions on water rights, mineral rights and natural resources; and

WHEREAS: the surface owner is negatively impacted by oil, gas and CBM exploration, MCA feels the surface owner needs to be indemnified for the impact by the mineral owners on their private, state, or federal land; and

WHEREAS: pursuant to HB 790, the Environmental Quality Council and a subcommittee of public members is examining split estates of mineral owners and surface owners related to oil and gas development and coal bed methane reclamation bonding, and may be recommending legislation to the 2007 legislative assembly.

THEREFORE BE IT RESOLVED; the membership of the Montana Cattlemen's Association to urge the state of Montana to adopt public policies that:

·          Protect the rights of farm and ranch families who do not own mineral rights and are facing the prospect of oil, gas and/or CBM development on their land by ensuring that they are given adequate notice of proposed oil and gas leasing and development and are given ample opportunity to negotiate surface damage agreements.

·          Require adequate bonding and reclamation of oil, gas and CBM operations that will leave disturbed land in as good or better ecological conditions than prior to entry of infrastructure.

·          Ensure there is beneficial use of ground and surface water resources beyond oil, gas and CBM development.