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

3 provisions identified: 2 benefits, 1 costs, 0 mixed.

Property rights and objections for temporary changes

A temporary change authorization does not create a right to cross private land or infringe property rights. Only the water-right owner may seek enforcement or file an objection under this process.

Written consent speeds water right approvals

If a water-right holder files a written consent, DNRC does not analyze adverse effects for that right in permit or change applications. This also applies to Forest Service change requests. It also applies to groundwater permits in closed basins. For temporary changes, DNRC cannot deny renewal for adverse-effect reasons on consented rights, and applicants do not have to prove no adverse effect for those rights.

Limit on water for instream flows

The law limits temporary instream-flow changes to the amount historically diverted for that right. For use below the diversion point, only the amount historically consumed may be used. DNRC may set a smaller amount in the lease.

Sponsors & Cosponsors

Sponsor

Derek Harvey
Democrat • Senate

Cosponsors

Ken Walsh
Republican • House
Russ Miner
Republican • House

Roll Call Votes

All Roll Calls

Yes: 290 • No: 7

House vote • 3/28/2025

Do Concur

Yes: 95 • No: 4

House vote • 3/27/2025

Do Concur

Yes: 95 • No: 3

Senate vote • 2/14/2025

Do Pass

Yes: 50 • No: 0

Senate vote • 2/13/2025