Senate Bill No. [insert bill number] proposes a comprehensive overhaul of water rights management in Montana, transitioning the jurisdiction from the Water Court to local district courts. The bill establishes procedures for the expedited processing of water cases following the issuance of final decrees, mandating that the Water Court and its associated entities cease operations once a final decree is issued for a basin. District courts will then assume jurisdiction over related matters, including the enforcement of final decrees and handling cases of abandonment or illegal enlargement of rights. The bill also introduces provisions for the use of judges pro tempore and special masters to facilitate the management of these cases.

In addition to transferring jurisdiction, the bill amends several sections of the Montana Code Annotated (MCA) to clarify the processes for adjudicating and distributing water rights. It allows for the consolidation of hearings when multiple objections are filed and provides for the extension of deadlines under certain circumstances. The bill removes the prioritization of water judges over other adjudication matters and ensures that any denial of certification by the department is recorded in the hearing record. Furthermore, it emphasizes that district courts retain exclusive jurisdiction to grant necessary relief pending adjudication and clarifies that permits issued by the department cannot be amended unless they conflict with existing rights. A new section is added to indicate that the act applies retroactively to final decrees issued before its effective date.

Statutes affected:
LC Text: 3-7-101, 3-7-212, 3-7-224, 3-7-501, 85-2-214, 85-2-234, 85-2-236, 85-2-309, 85-2-406
SB0186_1(1): 3-7-101, 3-7-212, 3-7-224, 3-7-501, 85-2-214, 85-2-234, 85-2-236, 85-2-309, 85-2-406
SB0186_1(2): 3-7-101, 3-7-212, 3-7-224, 3-7-501, 85-2-214, 85-2-234, 85-2-236, 85-2-309, 85-2-406
SB0186_1(3): 3-7-101, 3-7-212, 3-7-224, 3-7-501, 85-2-214, 85-2-234, 85-2-236, 85-2-309, 85-2-406
SB0186_1: 3-7-101, 3-7-212, 3-7-224, 3-7-501, 85-2-214, 85-2-234, 85-2-236, 85-2-309, 85-2-406