Senate Bill No. [insert bill number] proposes significant reforms to the management of water rights in Montana, particularly focusing on the transition of jurisdiction from the Water Court to local district courts following the issuance of final decrees for water basins. The bill aims to enhance local control and accountability by emphasizing that district courts are equipped to handle water rights matters, thereby upholding the original intent of the Montana general stream adjudication. Key amendments include the requirement for district courts to enforce final decrees and the cessation of water judges' jurisdiction over a basin once a final decree is issued. Additionally, the bill introduces expedited review processes for water cases, allowing for the use of special masters or judges pro tempore to streamline adjudication.
The bill also amends existing laws related to the adjudication and distribution of water rights, allowing the department to consolidate hearings for multiple objections and granting it the discretion to extend application processing deadlines under certain conditions. It introduces a provision for certifying factual and legal issues to the district court, ensuring that these matters are prioritized. Furthermore, the bill clarifies the handling of water distribution controversies and allows parties to petition the district court for certification to the chief water judge. Notably, the bill applies retroactively to final decrees issued before its effective date, ensuring that the new provisions impact past decisions as well.
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