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MontanaHB 44169th Legislature, Regular Session (2025)House

Align provisional water rights with final decrees

Sponsored By: Russ Miner (Republican)

Signed by Governor

Water

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 0 benefits, 0 costs, 2 mixed.

Provisional water permits must match basin decrees

Any permit issued before a basin’s final decree is provisional. You do not gain a guaranteed right from building, planting, or buying gear if the decree shows the permit should be denied or changed. DNRC mails notice within 60 days after a final decree; for decrees issued before January 1, 2026, notices go out by January 31, 2026. Owners of existing decreed rights have 180 days after that notice to petition to reduce, change, or revoke a provisional permit, using the DNRC form and mailing it to the permit owners. DNRC will tell you of defects within 60 days after the filing window; you have 30 days to fix them. DNRC must then act within 120 days; if no one petitions on time, it issues a certificate. Petitioners must prove the permit would have been denied or changed under the decree and that water was not legally available then.

Stronger checks on water-right changes

DNRC verifies any change granted before a basin’s final decree to make sure it matches the decree. If the change is tied to a provisional permit, it must match any later reduction or modification. When you finish the project, you must file a certified statement from a qualified person; DNRC may inspect. If the work is in substantial accord, DNRC issues the certificate to you and keeps a duplicate in a central database in Helena. If you do not complete the project as approved, break terms, or the elements do not match the decree or reduction, DNRC can, after notice and a hearing, modify or revoke the approval.

Sponsors & Cosponsors

Sponsor

  • Russ Miner

    Republican • House

Cosponsors

  • Ken Walsh

    Republican • House

  • Wylie Galt

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 290 • No: 6

Senate vote • 4/12/2025

Do Concur

Yes: 50 • No: 0

Senate vote • 4/10/2025

Do Concur

Yes: 50 • No: 0

House vote • 3/3/2025

Do Pass

Yes: 95 • No: 2

House vote • 2/28/2025

Do Pass

Yes: 95 • No: 4

Actions Timeline

  1. Chapter Number Assigned

    5/8/2025House

  2. Signed by Governor

    5/5/2025House

  3. Transmitted to Governor

    4/25/2025House

  4. Signed by President

    4/25/2025Senate

  5. Signed by Speaker

    4/23/2025House

  6. Returned from Enrolling

    4/14/2025House

  7. Sent to Enrolling

    4/12/2025House

  8. 3rd Reading

    4/12/2025Senate

  9. Committee Report

    4/11/2025Senate

  10. Committee Executive Action

    4/11/2025Senate

  11. Hearing

    4/10/2025Senate

  12. Rereferred to Committee

    4/10/2025Senate

  13. 2nd Reading

    4/10/2025Senate

  14. Committee Report

    4/5/2025Senate

  15. Committee Executive Action

    4/4/2025Senate

  16. Hearing

    3/31/2025Senate

  17. Referred to Committee

    3/4/2025Senate

  18. 1st Reading

    3/4/2025Senate

  19. Transmitted to Senate

    3/3/2025House

  20. 3rd Reading

    3/3/2025House

  21. Committee Report

    3/1/2025House

  22. Committee Executive Action

    2/28/2025House

  23. Hearing

    2/28/2025House

  24. Rereferred to Committee

    2/28/2025House

  25. 2nd Reading

    2/28/2025House

Bill Text

  • Enrolled

    4/15/2025

    PDF

  • Introduced

    2/10/2025

    PDF

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