MontanaSB 19069th Legislature, Regular Session (2025)Senate

Allow water right holders to consent to waive adverse effects analysis in permit or change applications

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 0 benefits, 0 costs, 1 mixed.

Written consent waives adverse-effect checks

The law lets a water-right holder file a written consent for a permit or change. When a consent is on file, the department does not review adverse effects on that right, and the applicant does not have to prove no harm to it. This applies to permits, changes, temporary changes, instream-flow applications, and groundwater permits in closed basins. In change-of-right cases, consented rights are removed from notice and objection rules. For U.S. Forest Service instream-flow changes, approvals can be changed or revoked within 10 years if new evidence shows harm, but not for rights that filed a consent. For temporary changes, the department cannot deny renewal, modify, or revoke based on harm to a right that filed a consent.

Sponsors & Cosponsors

Sponsor

Derek Harvey
Democrat • Senate

Cosponsors

Ken Walsh
Republican • House
Russ Miner
Republican • House

Roll Call Votes

All Roll Calls

Yes: 289 • No: 7

Senate vote • 3/28/2025

Do Concur

Yes: 95 • No: 4

Senate vote • 3/27/2025

Do Concur

Yes: 94 • No: 3

Senate vote • 2/14/2025

Do Pass

Yes: 50 • No: 0

Senate vote • 2/13/2025