All Roll Calls
Yes: 483 • No: 4
MontanaHB 58069th Legislature, Regular Session (2025)House
Clarify water right abandonment
Sponsored By: Joshua Seckinger (Democrat)
Became Law
WaterPropertyRule Making
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 2 benefits, 2 costs, 0 mixed.
Stricter loss rules for water rights
The law treats a water right as abandoned when you stop using all or part of it and intend to abandon it. The same applies if you stop using it as required and intend not to follow its terms. That part of the right immediately expires. The law also presumes abandonment when you do not use all or part for 10 straight years while water was available. This presumption applies to the unused part and shifts the initial burden in a case.
Existing rights shielded until final
Existing water rights that are not finally determined under part 2 are not subject to the new intent rule or the 10‑year presumption. Those rights stay under the prior standards until they are finally determined. This shields pending or unresolved rights from the new abandonment rules for now.
Protections for drought, conservation, leases
Nonuse under a candidate conservation agreement (50 CFR 17.32) does not count as intent to abandon. The same protection applies when the land is in a state or federal conservation set‑aside contract. During drought, reducing or stopping diversions does not count as abandonment if the site is in a county at D1 or worse and you follow a drought plan filed with the department that has a clear trigger. Leasing a right or making a temporary change under state law also is not abandonment and cannot be used as proof of it. Time in these conservation contracts cannot be added to earlier nonuse to build a 10‑year presumption.
Year-end drought nonuse filing rule
If you use the drought exception, you must file the department’s report by December 30 of that year. The filing documents when and where you reduced or stopped use under the plan. Not filing can hurt your proof that the drought exception applies.
Sponsors & Cosponsors
Sponsor
Joshua Seckinger
Democrat • House
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
House vote • 4/16/2025
Do Concur
Yes: 97 • No: 1
House vote • 4/15/2025
Do Concur
Yes: 96 • No: 1
House vote • 4/9/2025
Do Concur
Yes: 49 • No: 0
House vote • 4/8/2025
Do Concur
Yes: 47 • No: 1
House vote • 3/7/2025
Do Pass
Yes: 98 • No: 1
House vote • 3/5/2025
Do Pass
Yes: 96 • No: 0
Actions Timeline
Chapter Number Assigned
5/13/2025HouseSigned by Governor
5/8/2025HouseTransmitted to Governor
5/2/2025HouseSigned by President
5/2/2025SenateSigned by Speaker
4/29/2025HouseReturned from Enrolling
4/18/2025HouseSent to Enrolling
4/16/2025House3rd Reading Passed as Amended by Senate
4/16/2025House2nd Reading Senate Amendments Concurred
4/15/2025HouseReturned to House with Amendments
4/9/2025Senate3rd Reading Concurred
4/9/2025Senate2nd Reading Concurred
4/8/2025SenateCommittee Report--Bill Concurred as Amended
4/5/2025SenateCommittee Executive Action--Bill Concurred as Amended
4/4/2025SenateHearing
3/31/2025SenateReferred to Committee
3/14/2025SenateFirst Reading
3/14/2025SenateTransmitted to Senate
3/7/2025House3rd Reading Passed
3/7/2025House2nd Reading Passed
3/5/2025HouseCommittee Report--Bill Passed as Amended
2/27/2025HouseCommittee Executive Action--Bill Passed as Amended
2/26/2025HouseHearing
2/21/2025HouseFirst Reading
2/20/2025HouseReferred to Committee
2/20/2025House
Bill Text
Enrolled
4/17/2025
As Amended (Version 3)
4/5/2025
As Amended (Version 2)
2/27/2025
Introduced
2/19/2025