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MontanaSB 17869th Legislature, Regular Session (2025)SenateWALLET

Provide for temporary lease of water rights

Sponsored By: Sue Vinton (Republican)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

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

Temporary water leases with tight limits

The law lets water‑right owners apply to lease a right for a short time. Your right must have been used within the last 5 years, and use can only occur during its period of diversion. A lease can run no more than 5 years in any 10‑year span and no more than 40 days in a year. You cannot lease more than your consumptive use, and for irrigation the cap is 2 acre‑feet per irrigated acre; leased flow and volume cannot exceed the original right. You cannot change the point of diversion or keep using the original place of use in a leased year. You can add temporary storage only if you divert at the original point and then put the water to a beneficial use. You cannot use this process to send leased water out of Montana.

How to apply and track leases

To lease a water right, you must file a department form, pay a fee set by rule, and include the lessee, owners, right number, source, dates, flow and volume, proof of use in the last 5 years, a no‑adverse‑effect plan, the signed lease, and how the original use will stop. The department notifies nearby appropriators within 10 days and decides within 30 days. You cannot use leased water until approval, and approval can include conditions. You must meter use at the point of diversion with a department‑approved meter and report amounts at year‑end or when asked.

Objections, hearings, and penalties

After authorization, people who would be harmed have 30 days to object on a department form. The department checks an objection within 5 business days; a valid objection suspends the lease and stops use. The owner can ask for a hearing within 15 days and must prove no adverse effect; the department then reinstates, modifies, or revokes. Filing a knowingly frivolous objection is a misdemeanor with a fine up to $500. Violations follow state enforcement laws, and harmed appropriators can still seek an injunction or damages from the owner or lessee.

Protections and limits on leased rights

The law treats department‑approved temporary leases as valid appropriations and as a beneficial use. A temporary lease or temporary change does not count as abandonment and cannot be used to prove abandonment. These temporary‑lease rules do not apply inside the Flathead Indian Reservation.

Sponsors & Cosponsors

Sponsor

  • Sue Vinton

    Republican • Senate

Cosponsors

  • Barry Usher

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 354 • No: 45

Senate vote • 4/17/2025

Do Pass

Yes: 47 • No: 3

Senate vote • 4/16/2025

Do Pass

Yes: 43 • No: 7

House vote • 4/11/2025

Do Concur

Yes: 99 • No: 0

House vote • 4/10/2025

Do Concur

Yes: 94 • No: 6

Senate vote • 2/14/2025

Do Pass

Yes: 33 • No: 17

Senate vote • 2/13/2025

Do Pass

Yes: 38 • No: 12

Actions Timeline

  1. Chapter Number Assigned

    5/5/2025Senate

  2. Signed by Governor

    5/1/2025Senate

  3. Transmitted to Governor

    4/24/2025Senate

  4. Signed by Speaker

    4/24/2025House

  5. Signed by President

    4/24/2025Senate

  6. Returned from Enrolling

    4/19/2025Senate

  7. Sent to Enrolling

    4/17/2025Senate

  8. 3rd Reading House Amendments

    4/17/2025Senate

  9. 2nd Reading House Amendments

    4/16/2025Senate

  10. 2nd Reading Pass Consideration

    4/15/2025Senate

  11. Returned to Senate with Amendments

    4/11/2025House

  12. 3rd Reading

    4/11/2025House

  13. 2nd Reading

    4/10/2025House

  14. Revised Fiscal Note Printed

    4/10/2025Senate

  15. Fiscal Note Unsigned

    4/10/2025Senate

  16. Revised Fiscal Note Received

    4/9/2025Senate

  17. Committee Report

    4/8/2025House

  18. Committee Executive Action

    4/7/2025House

  19. Revised Fiscal Note Requested

    4/3/2025Senate

  20. Hearing

    3/31/2025House

  21. Hearing Canceled

    3/17/2025House

  22. Hearing

    3/17/2025House

  23. 1st Reading

    2/17/2025House

  24. Referred to Committee

    2/17/2025House

  25. Transmitted to House

    2/14/2025Senate

Bill Text

  • Enrolled

    4/17/2025

    PDF

  • As Amended (Version 3)

    4/8/2025

    PDF

  • As Amended (Version 2)

    2/11/2025

    PDF

  • Introduced

    1/20/2025

    PDF

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