Senate Bill No. [insert bill number] seeks to enhance the efficiency of water case processing in Montana by transferring jurisdiction from the Water Court to local District Courts following the issuance of final decrees for each water basin. The bill highlights the temporary nature of the Water Court, which was initially created to adjudicate water rights as of July 1, 1973, and aims to phase out its functions as the adjudication process concludes. Key provisions include the termination of operations for the Water Court, water divisions, and water judges once final decrees are entered, thereby promoting local governance over water rights management.
The bill amends various sections of the Montana Code Annotated (MCA) to implement these changes, including stipulations for district courts to enforce final decrees and the cessation of water judges' jurisdiction over a basin post-decree. It introduces expedited procedures for processing water cases in district courts, clarifies the roles of district court judges, and outlines enforcement steps following final decrees. Additionally, the bill allows for the consolidation of hearings for multiple objections, grants the department discretion to extend deadlines, and enables the certification of legal issues to district courts. Notably, the prioritization of water judges over other matters has been deleted, and the bill establishes that certified controversies must be prioritized, with a new section ensuring retroactive applicability to prior final decrees.
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(4): 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(5): 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