Bill Summary – FastDemocracy

                                       Unofficial Draft Copy - To Legal Review
****                                               As of: 11/25/2024, 01:07:11
69th Legislature 2025                              Drafter: Alexis Sandru, ****                                    LC 0553
                                                   **** BILL NO. ****
                                                INTRODUCED BY ****
           BY REQUEST OF THE DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION
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  A BILL FOR AN ACT ENTITLED: “AN ACT REVISING LAWS RELATED TO PRELIMINARY
  DETERMINATIONS FOR A WATER RIGHT PERMIT OR CHANGE IN APPROPRIATION RIGHT
  APPLICATION; AMENDING SECTION 85-2-307, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE
  DATE.”
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  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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           Section 1. Section 85-2-307, MCA, is amended to read:
           "85-2-307.   (Temporary) Notice of receipt of application for permit or change in appropriation
  right -- draft preliminary determination -- extensions -- updated draft preliminary determination -- public
  comments -- issuance of preliminary determination. (1) On receipt of an application for a permit or a
  change in appropriation right, the department shall publish notice of receipt of the application on the
  department's website. The notice must be updated on the website when an application is determined to be
  correct and complete.
           (2)     Within 60 days of receiving a correct and complete application if the applicant has completed a
  preapplication meeting and the department has prepared the technical analyses or within 120 days of receiving           Commented [SH1]: ALEXIS: 85-2-302 still has a
                                                                                                                               couple mentions of “technical analyses”. Is that OK?
  a correct and complete application if the department has not prepared the technical analyses applicant has not
  completed a preapplication meeting, the department:                                                                     Commented [AS2]: I believe so.
           (a)     may meet with the applicant, the persons listed in subsection (4)(f), and persons who may
  claim standing pursuant to 85-2-308 to discuss the application;
           (b)     shall make a written draft preliminary determination as to whether or not the application
  satisfies the applicable criteria for issuance of a permit or change in appropriation right; and
           (c)     may include conditions in the written draft preliminary determination to satisfy applicable criteria
  for issuance of a permit or change in appropriation right.
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                                        Unofficial Draft Copy - To Legal Review
****                                                As of: 11/25/2024, 01:07:11
69th Legislature 2025                               Drafter: Alexis Sandru, ****                                     LC 0553
           (3)      (a) An applicant has 15 business days from issuance of a draft preliminary determination to
  request an extension of time to submit additional information. The department may grant an extension of up to
  180 days for the applicant to submit additional evidence. The department shall provide the applicant with written
  notice of the extension deadline.
           (b)      The department may revise its draft preliminary determination based on information received
  under subsection (3)(a). The department shall issue an updated draft preliminary determination within 60 days
  after the earliest date of:
           (i)      the extension deadline set pursuant to subsection (3)(a); or
           (ii)     the department's receipt of written notice from the applicant stating submittal of all additional
  information to the department is considered correct and complete.
           (c)      If the department's updated draft preliminary determination:
           (i)      is to deny the application, the department shall hold a hearing as provided in 85-2-310; or
           (ii)     is to grant the application or grant the application in modified form, the department shall provide
  notice of the opportunity to provide public comment pursuant to subsection (4).
           (d)      If the applicant does not request an extension of time, the department shall:
           (i)      provide notice of the draft preliminary determination to grant the application or grant the
  application in modified form and also provide notice of the opportunity to provide public comment pursuant to
  subsection (4); or
           (ii)     adopt a draft preliminary determination to deny the application as the final determination a           Commented [SH3]: ALEXIS: Is “adopt a draft
                                                                                                                                preliminary determination to deny the application as a
  preliminary determination to deny the application and hold a hearing as provided in 85-2-310.                            preliminary determination to deny the application” as
                                                                                                                                intended here? I think I get from the context what it
           (4)      (a) The department shall prepare a notice of the opportunity to provide public comment on a            means but the close repetition seems pretty confusing.
  draft preliminary determination or an updated draft preliminary determination issued for an application.
           (b)      The notice of the opportunity to provide public comment must:
           (i)      state that no more than 30 days after the date of publication, a person may file a public
  comment about the application with the department on a form provided by the department; and
           (ii)     contain facts pertinent to the application, including a summary of the draft preliminary
  determination and any conditions.
           (c)      The department shall publish the notice once in a newspaper of general circulation in the area
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                                       Unofficial Draft Copy - To Legal Review
****                                               As of: 11/25/2024, 01:07:11
69th Legislature 2025                              Drafter: Alexis Sandru, ****                                     LC 0553
  of the source of the appropriation right and post the notice on the department website.
          (d)      A public comment must identify how one or more criteria for the issuance of a permit of or a
  change in appropriation right is not adequately addressed in a draft preliminary determination issued for the
  application. The department may adopt additional rules for public comments.
          (e)      A person has standing to file a public comment pursuant to this section if the property, water
  rights, or interests of the person would be adversely affected by the proposed appropriation.
          (f)      Before the date of publication of the notice of the opportunity to provide public comment, the
  department shall also serve the notice by first-class mail on:
          (i)      an appropriator of water or applicant for or holder of a permit who, according to the records of
  the department, may be affected by the proposed appropriation;
          (ii)     any purchaser under contract for deed, as defined in 70-20-115, of property that, according to
  the records of the department, may be affected by the proposed appropriation; and
          (iii)    any public agency that has reserved waters in the source under 85-2-316.
          (g)      The department may, in its discretion, also serve notice on any state agency or other person
  the department feels may be interested in or affected by the proposed appropriation.
          (h)      The department shall file in its records proof of service by affidavit of the publisher in the case
  of notice by publication and by its own affidavit in the case of service by mail.
          (5)      (a) Within 30 days after the date of publication of the notice of the opportunity to provide close
  of the period to provide public comment, the department shall consider the public comments, respond to the
  public comments, and issue a preliminary determination to grant the application, grant the application in
  modified form, or deny the application.
          (b)      If, after considering the public comments subject to subsection (5)(a), the department's
  preliminary determination is to:
          (i)      deny the application, the department shall hold a hearing as provided in 85-2-310; or
          (ii)     grant the application or grant the application in a modified form, a person may file an objection
  to an application pursuant to 85-2-308.
          (c)      If no public comments are received pursuant to subsection (4), the department's preliminary
  determination is adopted as the final determination. (Terminates June 30, 2031--sec. 9, Ch. 244, L. 2023.)
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                                        Unofficial Draft Copy - To Legal Review
****                                                As of: 11/25/2024, 01:07:11
69th Legislature 2025                               Drafter: Alexis Sandru, ****                                     LC 0553
            85-2-307.   (Effective July 1, 2031) Notice of application for permit or change in appropriation
  right. (1) Upon receipt of an application for a permit or a change in appropriation right, the department shall
  publish notice of receipt of the application on the department's website.
            (2)     (a) Within 120 days of the receipt of a correct and complete application for a permit or change
  in appropriation right, the department:
            (i)     may meet informally with the applicant, the persons listed in subsection (2)(d), and persons
  who may claim standing pursuant to 85-2-308 to discuss the application;
            (ii)    shall make a written preliminary determination as to whether or not the application satisfies the
  applicable criteria for issuance of a permit or change in appropriation right; and
            (iii)   may include conditions in the written preliminary determination to satisfy applicable criteria for
  issuance of a permit or change in appropriation right.
            (b)     If the preliminary determination proposes to grant an application, the department shall prepare
  a notice containing the facts pertinent to the application, including the summary of the preliminary determination
  and any conditions, and shall publish the notice once in a newspaper of general circulation in the area of the
  source.
            (c)     If the preliminary determination proposes to deny an application, the process provided in 85-2-
  310 must be followed.
            (d)     Before the date of publication, the department shall also serve the notice by first-class mail
  upon:
            (i)     an appropriator of water or applicant for or holder of a permit who, according to the records of
  the department, may be affected by the proposed appropriation;
            (ii)    any purchaser under contract for deed, as defined in 70-20-115, of property that, according to
  the records of the department, may be affected by the proposed appropriation; and
            (iii)   any public agency that has reserved waters in the source under 85-2-316.
            (e)     The department may, in its discretion, also serve notice upon any state agency or other person
  the department feels may be interested in or affected by the proposed appropriation.
            (f)     The department shall file in its records proof of service by affidavit of the publisher in the case
  of notice by publication and by its own affidavit in the case of service by mail.
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                                      Unofficial Draft Copy - To Legal Review
****                                              As of: 11/25/2024, 01:07:11
69th Legislature 2025                             Drafter: Alexis Sandru, ****                                   LC 0553
          (3)      The notice must state that by a date set by the department, not less than 15 days or more than
  60 days after the date of publication, persons may file with the department written objections to the application."
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          NEW SECTION. Section 2.        Effective date. [This act] is effective on passage and approval.
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