HB 935: Limits to Fox Hills-Hell Creek aquifer withdrawals - Montana

HB0935_X(2).pdf → HB0935_X(3).pdf · 4 edits

MODERATE

The bill was simplified by removing the authority for the state to temporarily suspend new water permits, shifting the focus entirely to conducting a feasibility study. The study scope was expanded to include creating a preliminary model to predict how pumping affects water levels and pressure. The termination date for the study remains June 30, 2027, and the bill is now formatted as an enrolled bill.

Scope change

The bill no longer allows the state to pause new water applications; it now solely focuses on studying water availability in specific aquifer zones.

ELIGIBILITY

Removed the department's authority to suspend or close permit applications for new water appropriations.

REQUIREMENT

Added a requirement to create a preliminary model evaluating the effects of pumping on water levels and pressure.

Removed the specific threshold of 3,000 gallons per minute that previously triggered permit suspensions.

TECHNICAL

Changed the title to remove language about appropriating funds, indicating a shift from immediate funding to a study phase.

HB0935_4(12).pdf → HB0935_X.pdf · 5 edits

MODERATE

The bill was renumbered from HB0935.4 to HB 935 and reorganized into four distinct sections. The core policy remains a study of the Fox Hills-Hell Creek aquifer, but the text was updated to clarify that the department can suspend or close permit applications for large withdrawals (3,000 gallons per minute or more) in specific counties if they exceed permit exceptions. A feasibility study is mandated to include updated geological data, field measurements, a water budget, and a pumping model. The act appropriates $50,000 for this study and sets a termination date of June 30, 2027.

Scope change

The bill's scope is now explicitly limited to permit applications for 3,000 gallons per minute or more within specific listed counties (39E, 39FJ, 39G, 39H, 40D, 40E, 40P, 40Q, 40R, 40S, 42A, 42C, 42J, 42K, 42KJ, 42L, and 42M), rather than a general suspension of all new appropriations.

TECHNICAL

The bill number was changed from HB0935.4 to HB 935, and the document title was updated to reflect the new section numbering.

REQUIREMENT

The scope of the required feasibility study was expanded to explicitly include a preliminary model to evaluate the effects of pumping on water levels and pressure.

ELIGIBILITY

The authority to suspend or close permit applications is now specifically tied to proposed appropriations of 3,000 gallons per minute or more that exceed permit exceptions.

FISCAL

The appropriation amount was increased from $5,000 to $50,000 to fund the feasibility study.

TIMELINE

A specific termination date of June 30, 2027, was added to the act.

HB0935_4(3).pdf → HB0935_4(4).pdf · 2 edits

MINOR

The bill was amended to increase a one-time funding transfer from the General Fund to the Ground Water Assessment Account from $5,000 to $50,000. Additionally, the appropriation for a feasibility study by the Bureau of Mines and Geology was increased from $5,000 to $50,000 for the 2025-2026 biennium. These changes significantly expand the financial resources available for ground water assessment and related geological studies.

Scope change

The scope of funding increased substantially, allowing for a tenfold increase in resources for ground water assessment and feasibility studies.

FISCAL

The one-time transfer amount from the General Fund to the Ground Water Assessment Account was increased from $5,000 to $50,000.

The appropriation for the Bureau of Mines and Geology feasibility study was increased from $5,000 to $50,000 for the biennium beginning July 1, 2025.

HB0935_3(4).pdf → HB0935_4.pdf · 4 edits

MODERATE

The bill was renumbered from HB 935.3 to HB 935.4. The most significant substantive change is the increase in the funding amount for a groundwater assessment study from $5,000 to $50,000. The text of the new sections was also reorganized and reformatted, shifting the order of the transfer, appropriation, and codification instructions.

Scope change

The scope of the bill remains focused on groundwater assessment, but the financial resources allocated to the study have increased tenfold.

FISCAL

The amount to be transferred from the General Fund to the ground water assessment account was increased from $5,000 to $50,000.

The appropriation amount for the feasibility study to the bureau of mines and geology was increased from $5,000 to $50,000.

TECHNICAL

The bill was renumbered from HB 935.3 to HB 935.4.

The internal numbering and order of the new sections (Transfer, Appropriation, Codification, Effective Date, Termination) were reorganized.

HB0935_2(14).pdf → HB0935_3.pdf · 5 edits

MODERATE

The bill was renumbered from HB 935.2 to HB 935.3 and significantly expanded its scope. The original text focused on suspending permits for large water withdrawals, but the new version adds a requirement for a feasibility study on the Fox Hills-Hell Creek aquifer to evaluate water availability before any suspension occurs. Funding was increased from $5,000 to $50,000 to support this study, and the bill now explicitly directs the legislature to consider the study's results before deciding on permit closures.

Scope change

The bill's scope expanded from a direct suspension of water permits to a two-step process requiring a feasibility study and legislative review before any suspension or closure of new ground water appropriations can occur.

SCOPE

Added a mandatory feasibility study on ground water availability in the Fox Hills-Hell Creek aquifer as a prerequisite for suspending permit applications.

FISCAL

Increased the appropriation for the feasibility study from $5,000 to $50,000.

REQUIREMENT

Added a requirement for the state treasurer to transfer funds to a specific ground water assessment account.

Added a requirement for the interim committee to consider study results and make recommendations to the legislature regarding permit suspension or closure.

TECHNICAL

Revised the bill title and section numbering from HB 935.2 to HB 935.3.

HB0935_1(6).pdf → HB0935_2.pdf · 3 edits

MINOR

The bill was updated to increase the funding for a groundwater feasibility study from $5,000 to $50,000 to support more comprehensive analysis. The scope of the study was expanded to include specific tasks like compiling new geologic data and creating a preliminary water budget. Additionally, the threshold for suspending new water permits was clarified to apply only when proposed appropriations exceed existing permit exceptions.

Scope change

The bill's scope was expanded to include a more detailed study of the Fox Hills-Hell Creek aquifer, and the funding amount was significantly increased to support this expanded scope.

FISCAL

The appropriation amount for the groundwater study was increased from $5,000 to $50,000 to allow for more extensive research.

REQUIREMENT

The feasibility study requirements were expanded to include compiling new geologic data, collecting water levels, creating a water budget, and modeling pumping effects.

ELIGIBILITY

The criteria for suspending new water permits was clarified to apply specifically when proposed appropriations exceed the permit exceptions already defined in state law.

LC0557.pdf → HB0935_1.pdf · 2 edits

MINOR

The bill was renumbered from LC 0557 to HB 935.1 and the sponsor list was expanded to include seven legislators. The core policy content, including the suspension of new water permits, the feasibility study requirement, and the $5,000 funding allocation, remains substantively unchanged.

Scope change

The bill's scope and applicability are unchanged; it continues to apply to the Fox Hills-Hell Creek aquifer with the same permit thresholds and administrative boundaries.

TECHNICAL

The bill number changed from LC 0557 to HB 935.1, and the sponsor list was updated to include additional legislators (M. Thiel, B. Carter, S. Maness, R. Miner, G. Oblander, and G. Parry).

Page headers were updated to reflect the new bill number and version (HB 935.1 Authorized Print Version).

Limits to Fox Hills-Hell Creek aquifer withdrawals

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