SB 358: Revise exempt water right laws - Montana

SB0358_1(3).pdf → SB0358_2(1).pdf · 5 edits

MODERATE

The bill was renumbered from SB 358 to SB 358.2 and its summary was updated to reflect a shift in focus from general department duties to specific requirements for identifying and regulating certain wells. The core text regarding fees, rules, and permit exceptions remains largely unchanged, though the summary now highlights enforcement mechanisms and reporting requirements as key components.

Scope change

The bill's scope was narrowed in its summary to focus specifically on the identification of certain wells and enforcement mechanisms, rather than the broader range of department duties previously listed.

SCOPE

The bill number changed from SB 358 to SB 358.2, indicating a revision or renumbering of the legislation.

The summary of the bill was rewritten to emphasize the identification of specific wells, enforcement mechanisms, and reporting requirements, replacing the previous focus on general department powers and rulemaking authority.

REQUIREMENT

The summary now explicitly mentions 'requiring the identification of certain wells,' suggesting a new or emphasized obligation for the department to identify specific wells for regulation.

The summary now includes 'providing reporting requirements,' highlighting a new or emphasized duty for stakeholders to report specific data to the department.

ENFORCEMENT

The summary was updated to include 'providing enforcement mechanisms,' indicating a stronger focus on how the law will be enforced compared to the previous version.

SB0358_2.pdf → SB0358_1(3).pdf · 5 edits

MODERATE

This bill updates the Montana Water Rights Act to modernize departmental authority, clarify fee structures, and establish new rules for water conservation. It grants the department explicit power to create rules for interim permits, emergency water use, and monitoring of chronically dewatered watercourses. The bill also refines who can legally appropriate groundwater and sets specific notification requirements for those without property ownership.

Scope change

The bill expands the department's rulemaking authority to include interim permits and emergency appropriations, and adds specific requirements for measuring devices on chronically dewatered watercourses.

REQUIREMENT

The department is now explicitly authorized to adopt rules for interim permits that allow immediate water use while a regular permit is pending.

New rules are required to mandate measuring devices on watercourses identified as chronically dewatered, with a 2-year deadline for compliance.

Fees for department services are clarified to exclude costs for actions requested by water judges or the issuance of existing rights certificates.

Permit exemptions for small appropriations in Ravalli County's Rye Creek stream depletion zone are clarified to account for combined usage by multiple wells.

ELIGIBILITY

Groundwater appropriation rules are updated to require written notification to landowners at least 30 days prior to construction or use if the appropriator does not own the property.

SB0358.001.013_combo_final-not condensed.pdf → SB0358_2.pdf · 3 edits

MINOR

The bill updates the bill number and formatting while clarifying that permits are not required for water appropriation in areas designated by the legislature as 'LEGISLATIVELY DESIGNATED CONTROLLED GROUND WATER AREA'. It also begins adding specific exemptions for local fire agencies.

Scope change

The scope of permit exemptions was expanded to explicitly include areas designated by the legislature, and new exemptions for fire agencies were introduced.

REQUIREMENT

Clarified that no permit is needed for water appropriation in areas designated by the legislature as controlled ground water areas.

ELIGIBILITY

Added an exemption allowing local governmental fire agencies to appropriate ground water without a permit.

TECHNICAL

Updated the bill number from SB0358.001.013 to SB0358.2 and adjusted page headers.

SB0358_1(2).pdf → SB0358.001.013_combo_final-not condensed.pdf · 4 edits

MODERATE

This bill updates the Montana Water Rights Act to strengthen the Department of Natural Resources' authority over groundwater management. It adds specific requirements for the department to identify and regulate wells in controlled areas, mandates reporting for water measurements, and clarifies rules for emergency water use. The changes aim to improve oversight of groundwater usage and ensure better data collection for resource protection.

Scope change

The bill expands the department's rulemaking authority to explicitly include the identification of certain wells and enforcement mechanisms, while maintaining existing exemptions for small-scale appropriations and emergency fire use.

REQUIREMENT

Added a requirement for the department to identify specific wells and provide enforcement mechanisms for groundwater management.

Updated metering rules to require measurement devices for wells in controlled areas if usage exceeds legal limits, while exempting wells outside these areas.

Clarified that the department must adopt rules for temporary emergency water appropriations without prior permits to protect lives or property.

Reaffirmed notification requirements for appropriators who do not own the land, ensuring landowners are informed 30 days before construction or water use.

LC1455.pdf → SB0358_1.pdf · 1 edit

MINOR

The bill number was officially changed from LC 1455 to SB 358.1, and the list of primary sponsors was updated to include W. Galt, J. Seckinger, K. Walsh, R. Miner, and J. Cohenour. The text of the legislation itself remains substantively unchanged, with only minor formatting adjustments to spacing and page headers.

TECHNICAL

The bill identifier was updated from LC 1455 to SB 358.1, and the sponsor list was expanded to include five legislators.

Revise exempt water right laws

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