HB 441 Montana House · 2025 Regular Session

Align provisional water rights with final decrees

HB 441 revises water laws to align temporary water use approvals, called provisional permits, with the final legal determinations of water rights in a basin, known as final decrees. It establishes a process where owners of existing water rights can petition to modify or revoke provisional permits if they conflict with the final decree. The bill requires the Department to consider the final decree when determining water availability for these permits and when issuing permanent water right certificates, affecting holders of provisional permits and existing water right owners.
Bill status signed all 5 stages cleared
Introduction
Feb 2025
Committee Review
Apr 2025
House Passage
Apr 2025
Senate Passage
Apr 2025
Signed into Law
May 2025
Introduced Feb 10, 2025 Signed May 8, 2025
Maddy AI version diff · 2 comparisons

What changed between versions

HB0441_1(5).pdf HB0441_X.pdf · 5 edits
MODERATE
This bill clarifies the process for reducing, modifying, or revoking provisional water permits when final water rights decrees are issued. It establishes specific timelines for notice and petition filing, defines what evidence is needed to challenge provisional permits, and clarifies when water rights become permanent versus provisional.
Scope change
The bill applies to provisional permits issued before final water rights decrees in Montana water basins, with special provisions for decrees issued before January 1, 2026.
TIMELINE

Added a 60-day deadline for the department to notify permit holders and interested parties when a final water rights decree is issued.

Established an 180-day window for petitioners to file requests to reduce, modify, or revoke provisional permits after receiving notice.

REQUIREMENT

Requires petitioners to prove by preponderance of evidence that the provisional permit would have been denied or modified if the final decree had been available at the time of issuance.

ENFORCEMENT

Changed the process so that if no petition is filed, the department automatically issues a certificate of water right instead of leaving the permit status uncertain.

DEFINITION

Clarified that provisional permits do not create vested water rights through construction or other actions if the permit would have been denied based on the final decree.

Floor votes · Senate Apr 12, 2025 · House Mar 3, 2025

How they voted

500
Passed
Total votes 50
Apr 12, 2025
D Democratic18
18 Yea
100% Yea
R Republican32
32 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
51
Key actions
13
Committee
12
May 5, 2025
Signed into law
(H) Signed by Governor
lower
Apr 25, 2025
Upper · Passed
(S) Signed by President
upper
Apr 23, 2025
Lower · Passed
(H) Signed by Speaker
lower
Apr 12, 2025
Senate · Passed
Senate Vote: pass (50-0)
senate
Apr 11, 2025
Upper · Passed
(S) Committee Report - (S) Finance and Claims
upper
Apr 11, 2025
Upper · Passed
(S) Committee Executive Action - (S) Finance and Claims
upper
Apr 11, 2025
Committee
(S) Rereferred to Committee - (S) Finance and Claims
upper
Apr 5, 2025
Upper · Passed
(S) Committee Report - (S) Natural Resources
upper
Apr 4, 2025
Upper · Passed
(S) Committee Executive Action - (S) Natural Resources
upper
Mar 5, 2025
Committee
(S) Referred to Committee - (S) Natural Resources
upper
Mar 3, 2025
House · Passed
House Vote: pass (95-2-3)
house
Mar 1, 2025
Lower · Passed
(H) Committee Report - (H) Appropriations
lower
Mar 1, 2025
Lower · Passed
(H) Committee Executive Action - (H) Appropriations
lower
Feb 28, 2025
Committee
(H) Rereferred to Committee - (H) Appropriations
lower
Feb 25, 2025
Lower · Passed
(H) Committee Report - (H) Natural Resources
lower
Feb 25, 2025
Lower · Passed
(H) Committee Executive Action - (H) Natural Resources
lower
Feb 10, 2025
Committee
(H) Referred to Committee - (H) Natural Resources
lower
Feb 10, 2025
Introduced
(H) Introduced
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Russ Miner
Russ Miner
RRepublican
MT
26