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MontanaHB 44169th Legislature, Regular Session (2025)HouseWALLET

Align provisional water rights with final decrees

Sponsored By: Russ Miner (Republican)

Became Law

Water

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Bill Overview

Analyzed Economic Effects

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

Final decrees trigger challenges to permits

After a final basin decree, the department mails notice within 60 days. For decrees issued before 2026-01-01, it mails by 2026-01-31. Owners of existing rights have 180 days to petition to cut, change, or revoke a provisional permit, using the department form and mailing permit owners. The department flags defects within 60 days after the window; petitioners get 30 days to fix; permit owners have 60 days to respond; and the department decides within 120 days after responses close. The petitioner must prove the change protects their right, that the permit would have been denied or changed under the final decree, and that water was not legally available when the permit issued. The law bars vesting from construction or use on a provisional permit if a later final decree would deny or change it. If no one files a timely petition, the department issues a water‑right certificate.

Certificates only for uses that match permits

When you finish putting water to use, you file a certified statement, and the department may inspect. The department issues a certificate only if the use matches the permit and any reductions or limits. For changes approved before a final decree, the department checks they match the adjudicated right or any later cut to a provisional permit; decisions can change if the decree changes on appeal. If a change is not completed as approved, terms are broken, or it does not match the decree, the department can require you to show cause and can modify or revoke the change. After a final decree, the department issues certificates for changes it already verified or modified under law.

Easier well replacements with safeguards

You may replace a groundwater well without prior approval if it uses the same aquifer as the old well and you file a timely, correct notice. The new well’s rate and volume must be no more than the old well, and cannot exceed 450 gpm for municipal wells, or 35 gpm and 10 acre‑feet a year for others. Public water suppliers may build a redundant well required by an agency, using the same source, with the same priority date; only one well may run at a time, and a notice is due within 60 days after completion. These replacement and redundant‑well changes, and certain replacement points of diversion, are exempt from several general application and verification steps. Anyone may object to a replacement point of diversion; the department holds a contested case, the changer must prove no harm, and the department may revoke or add limits to protect other rights.

Sponsors & Cosponsors

Sponsor

  • Russ Miner

    Republican • House

Cosponsors

  • Ken Walsh

    Republican • House

  • Wylie Galt

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 287 • No: 6

House vote • 4/12/2025

Do Concur

Yes: 50 • No: 0

House vote • 4/10/2025

Do Concur

Yes: 48 • No: 0

House vote • 3/3/2025

Do Pass

Yes: 95 • No: 2

House vote • 2/28/2025

Do Pass

Yes: 94 • 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 Concurred

    4/12/2025Senate

  9. Committee Report--Bill Concurred

    4/11/2025Senate

  10. Committee Executive Action--Bill Concurred

    4/11/2025Senate

  11. Hearing

    4/10/2025Senate

  12. Rereferred to Committee

    4/10/2025Senate

  13. 2nd Reading Concurred

    4/10/2025Senate

  14. Committee Report--Bill Concurred

    4/5/2025Senate

  15. Committee Executive Action--Bill Concurred

    4/4/2025Senate

  16. Hearing

    3/31/2025Senate

  17. Referred to Committee

    3/4/2025Senate

  18. First Reading

    3/4/2025Senate

  19. Transmitted to Senate

    3/3/2025House

  20. 3rd Reading Passed

    3/3/2025House

  21. Committee Report--Bill Passed

    3/1/2025House

  22. Committee Executive Action--Bill Passed

    2/28/2025House

  23. Hearing

    2/28/2025House

  24. Rereferred to Committee

    2/28/2025House

  25. 2nd Reading Passed

    2/28/2025House

Bill Text

  • Enrolled

    4/15/2025

    PDF

  • Introduced

    2/10/2025

    PDF

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