MontanaHB 43269th Legislature, Regular Session (2025)House

Revise water laws concerning exceptions to change in appropriation right process

Sponsored By: Julie Darling (Republican)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 1 benefits, 0 costs, 3 mixed.

Faster changes for wells, stock tanks, and cities

The law lets some water-right changes happen without DNRC approval. You may drill a replacement groundwater well within 200 feet, from the same aquifer, with no higher rate or volume, and you must abandon the old well. You may replace an inoperable surface diversion on the same source, as close as practical, with no increase in capacity or use, and retire the old point used in the last 10 years. Stock tanks may be added or moved if flow stays at or below past levels, and direct-from-source flows stay at or below 35 gallons a minute. Public water systems may add a redundant well from the same aquifer, using only one well at a time. Cities and county water districts may shift unperfected municipal use inside adopted service or growth areas if they measure and report all diverted water each year. File a correct, complete notice within 60 days after most changes (180 days for municipal boundary additions). DNRC gives you 60 days to fix defects and then has 90 days to decide. Projects on National Forest System lands require any needed written federal special-use authorization.

New rules for temporary water changes

DNRC approval is required for temporary water-right changes. DNRC may approve up to 10 years, or up to 30 years if the water comes from a new conservation or storage project. You may renew in 10-year steps with no set limit. DNRC notifies other users, allows 90 days for new evidence, and can deny renewal if it finds harm. During the term, DNRC may modify or revoke if it finds harm. Other water users may object at application, at renewal, and once during the term. A temporary change keeps the original priority date, stays with the property if sold, and reverts to permanent use when it expires. If your permit came after the temporary change was filed, you cannot object to that change, its renewal, or its reversion. DNRC must notify you about it.

Instream-flow and fishery changes processed

DNRC must accept and process change applications for instream flows and for fishery benefits. These requests are handled under the regular change-in-right review. This helps protect streamflows and fish.

Clearer protests and faster water hearings

When DNRC authorizes a change, it publishes public notice and mails notice to affected users. People with standing have up to 45 days to file a correct objection and 15 business days to fix errors. A valid objection leads to a contested-case hearing within 90 days, unless DNRC sends issues to a water judge. Starting October 1, 2025, a water judge can order needed parties to join a case. After the hearing, DNRC may revoke the change or add terms to protect other water rights.

Sponsors & Cosponsors

Sponsor

Julie Darling
Republican • House

Cosponsors

Ken Walsh
Republican • House
Shane Morigeau
Democrat • Senate

Roll Call Votes

All Roll Calls

Yes: 312 • No: 82

Senate vote • 4/28/2025

Do Concur

Yes: 45 • No: 4

Senate vote • 4/25/2025

Do Concur

Yes: 45 • No: 3

House vote • 3/4/2025

Do Pass

Yes: 93 • No: 6

House vote • 3/3/2025

AMD-HB0432.002.002 Darling DO PASS

Yes: 34 • No: 65