Montana 2023 Regular Session

Montana House Bill HB435

Introduced

2/7/23

Refer

2/8/23

Engrossed

2/28/23

Refer

3/15/23

Enrolled

4/20/23

Passed

5/18/23

Caption

Revise water right laws related to exempt wells

Impact

If enacted, HB 435 would significantly modify the management and regulation of groundwater appropriations in Montana. The bill specifies that individuals or entities constructing water supply systems, provided they are compliant with certain conditions, will automatically qualify for a certificate to verify their water right. This change has the potential to encourage more efficient use of water resources and simplify bureaucratic processes involved in securing water rights for essential tasks such as agricultural irrigation and municipal water supply.

Summary

House Bill 435 is a legislative measure designed to amend existing water rights laws in Montana by establishing that the construction of a water supply system utilizing an exempt water right serves as sufficient proof of beneficial use for the issuance of a water right certificate. This bill amends Section 85-2-306 of the Montana Code Annotated and introduces modifications aimed at facilitating the process for entities looking to utilize groundwater. Such changes underscore an effort to streamline regulations that govern water usage in the state, particularly for systems benefiting local water supplies.

Sentiment

Support for HB 435 largely stems from those advocating for more accessible water rights and reduced regulatory hurdles for water supply systems. Proponents argue that the bill will support economic development and ensure localities can manage their water resources more effectively. However, there are concerns among opponents regarding the possible implications for water conservation and rights management. The sentiment is polarized, reflecting a broader tension between the need for efficient water usage and the necessity of safeguarding water resources for future generations.

Contention

Notable points of contention regarding HB 435 include concerns over the potential for over-extraction of groundwater resources if regulations are perceived as inadequate. Critics worry that while streamlining the process for obtaining water rights may address immediate needs, it could lead to long-term sustainability issues. Discussions surrounding the exemptions for certain groundwater appropriations, especially those made for emergency services or under specific thresholds, reveal underlying apprehensions about prioritizing growth over conservation.

Latest MT HB435 Activity

View All Events: MT 2023 Regular Session HB435

Companion Bills

No companion bills found.

Previously Filed As

MT SB358

Revise exempt water right laws

MT SB436

Generally revise laws relating to exempt wells

MT HB704

Generally revise ground water laws

MT HB432

Revise water laws concerning exceptions to change in appropriation right process

MT HB676

Generally revise state land and water laws

MT HB681

Revise subdivision regulation laws involving determination of water availability

MT HB2152

TPT; exemption; fencing; watering; materials

MT HB3526

Relating to exempt wells that supply water for domestic purposes.

MT HB59

Revise board of water well contractors laws

MT HB441

Align provisional water rights with final decrees

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