MontanaHB 43269th Legislature, Regular Session (2025)House

Revise water laws concerning exceptions to change in appropriation right process

Sponsored By: Julie Darling (Republican)

Became Law

WaterRule Making

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 6 benefits, 0 costs, 1 mixed.

Backup wells for public water systems

Public water systems can build a redundant well from the same aquifer when a state or federal agency requires it. No prior department approval is needed. The backup well keeps the original priority date, and only one well may run at a time. A correct and complete notice is due within 60 days after completion. On National Forest System lands, the notice is not correct and complete until proof of any required federal special‑use authorization is provided.

Easier replacement of groundwater wells

An appropriator can install a replacement groundwater well without prior department approval in many cases. The new well must use the same aquifer, pump equal or less rate and volume, and be within 200 feet of the old well. The old well must be taken out of service and abandoned under board rules. A correct and complete notice is due within 60 days after completion. This applies outside controlled groundwater areas, or where an area’s rules do not restrict such changes.

Faster replacement of broken diversions

An appropriator can replace an inoperable surface‑water diversion point without prior department approval. The new point must be on the same source, placed as close as practicable, and cannot increase capacity or the amounts diverted or consumed. No intervening diversions or rights may lie between the old and new point unless holders give written waivers. The old point must have been used in the past 10 years and will no longer be used. A correct and complete notice is due within 60 days after completion.

Simpler changes to stock tanks

Holders of stock water rights may add, move, or remove stock tanks without prior approval. Do not exceed the historical diverted flow. If adding tanks to livestock‑direct use, diversion to tanks may not exceed 35 gallons per minute. Do not water more animal units than historically, and prevent waste with proper controls. You must have a property interest or consent and, on National Forest lands, any required federal special‑use authorization. File a correct and complete notice within 60 days after tanks are added or moved.

Simpler moves for city water use

A city or county water and sewer district may move the place of use for an unperfected municipal permit or reservation without prior approval. The new area must be inside the adopted land‑use or growth‑policy boundary, or the district’s service area, and cannot exceed the permitted flow or volume. All diverted water must be measured and reported each year. A correct and complete notice is due within 180 days after annexation or addition to the district. Notices may include other rights that share the same distribution system if unperfected volume is adequate and other criteria are met.

Water judges get more authority in 2025

Beginning October 1, 2025, the chief and associate water judges have broader power over issues certified from department cases on existing water rights and changes. They may order people who were not part of the agency hearing to join a case. This helps courts resolve factual and legal disputes sent from the agency.

Faster decisions and clearer objection rules

The department must return any notice that is not correct and complete and explain defects. The filer has 60 days to fix it or the notice is terminated. After a notice is correct and complete, the department has 90 days to decide and will either issue an authorization or require a full change application. When certain authorizations are issued, the department must publish a notice and mail it to listed parties; people can object within no more than 45 days after publication. Objectors must use the department form and show potential harm; they get 15 business days to cure defects. If an objection is valid, the department holds a hearing within 90 days unless it certifies issues to a water judge, and the appropriator must prove no adverse effect. For applications on National Forest System lands, proof of any required federal special‑use authorization is needed for correctness.

Sponsors & Cosponsors

Sponsor

Julie Darling
Republican • House

Cosponsors

Ken Walsh
Republican • House
Shane Morigeau
Democrat • Senate

Roll Call Votes

All Roll Calls

Yes: 311 • No: 82

House vote • 4/28/2025

Do Concur

Yes: 45 • No: 4

House vote • 4/25/2025

Do Concur

Yes: 44 • No: 3

House vote • 3/4/2025

Do Pass

Yes: 93 • No: 6

House vote • 3/3/2025