All Roll Calls
Yes: 353 • No: 45
MontanaSB 17869th Legislature, Regular Session (2025)Senate
Provide for temporary lease of water rights
Sponsored By: Sue Vinton (Republican)
Became Law
WaterRule Making
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 2 benefits, 0 costs, 2 mixed.
Apply, meter use, and handle objections
To lease, you file the department form and pay a fee set by rule. You must list all lessees and owners, water-right numbers, the proposed use and place, the source, lease dates, flow or volume, proof of use in the last 5 years, a harm analysis with mitigation, a signed lease, and how use at the place will stop during the lease. You must measure diverted water with a department-approved meter and report the amount at year end or when asked. The department has 10 days to check, and then approve, deny, or add conditions. You may not use leased water until approval. After authorization, people have 30 days to object; a valid objection suspends the lease. An affected owner can request a hearing within 15 days and must show it is more likely than not there is no adverse effect. Filing a malicious, frivolous objection can bring a misdemeanor fine up to $500. Violations are enforced under state water laws, and appropriators can still seek injunctions or damages.
New water-right leasing with limits
The law creates a way to temporarily lease a Montana water right. Your right must have been used in the last 5 years. You can lease only during its diversion period, for at most 40 days each year, and one lease of up to 5 years in any 10-year span. The leased amount cannot exceed the right’s consumptive use; irrigation rights are capped at 2 acre-feet per irrigated acre, and you cannot exceed the original volume or flow. You cannot change the point of diversion, and you cannot use the water on the original place in a year the lease is used. You may add temporary storage at the diversion if the water is then put to a beneficial use. Leased water must be put to a beneficial use. This process does not allow moving leased water out of Montana. Applications that meet this section are not subject to several other permit rules.
Leasing does not risk abandonment
A temporary lease or a temporary change does not count as abandonment. These actions also cannot be used as evidence to prove abandonment of any part of your right.
Flathead Reservation excluded from program
These temporary-lease rules do not apply inside the exterior boundaries of the Flathead Indian Reservation. Water rights there follow the reservation’s separate framework.
Sponsors & Cosponsors
Sponsor
Sue Vinton
Republican • Senate
Cosponsors
Barry Usher
Republican • Senate
Roll Call Votes
Senate vote • 4/17/2025
Do Pass
Yes: 47 • No: 3
Senate vote • 4/16/2025
Do Pass
Yes: 43 • No: 7
Senate vote • 4/11/2025
Do Concur
Yes: 99 • No: 0
Senate vote • 4/10/2025
Do Concur
Yes: 93 • 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
Chapter Number Assigned
5/5/2025SenateSigned by Governor
5/1/2025SenateTransmitted to Governor
4/24/2025SenateSigned by Speaker
4/24/2025HouseSigned by President
4/24/2025SenateReturned from Enrolling
4/19/2025SenateSent to Enrolling
4/17/2025Senate3rd Reading Passed as Amended by House
4/17/2025Senate2nd Reading House Amendments Concurred
4/16/2025Senate2nd Reading Pass Consideration
4/15/2025SenateReturned to Senate with Amendments
4/11/2025House3rd Reading Concurred
4/11/2025House2nd Reading Concurred
4/10/2025HouseRevised Fiscal Note Printed
4/10/2025SenateFiscal Note Unsigned
4/10/2025SenateRevised Fiscal Note Received
4/9/2025SenateCommittee Report--Bill Concurred as Amended
4/8/2025HouseCommittee Executive Action--Bill Concurred as Amended
4/7/2025HouseRevised Fiscal Note Requested
4/3/2025SenateHearing
3/31/2025HouseHearing Canceled
3/17/2025HouseHearing
3/17/2025HouseFirst Reading
2/17/2025HouseReferred to Committee
2/17/2025HouseTransmitted to House
2/14/2025Senate
Bill Text
Enrolled
4/17/2025
As Amended (Version 3)
4/8/2025
As Amended (Version 2)
2/11/2025
Introduced
1/20/2025