House Bill No. [insert bill number] seeks to update Montana's water laws by aligning provisional water rights with final decrees and clarifying the procedures for post-decree petitions concerning permits. The bill amends sections of the Montana Code Annotated (MCA), specifically 85-2-313, 85-2-315, and 85-2-402. It defines provisional permits as those authorized prior to a final decree and establishes a clear process for petitioning to reduce, modify, or revoke these permits after a final decree is issued. The Department of Natural Resources and Conservation is required to notify owners of existing water rights and provisional permits within the decreed basin about the final decree and the opportunity to petition for changes.

Additionally, the bill outlines the requirements for filing petitions, including timelines and necessary documentation, while specifying the department's responsibilities in reviewing these petitions. It emphasizes the need for the department to consider the final decree when assessing the legal availability of water and the potential denial or modification of provisional permits. The bill also introduces amendments regarding changes in appropriation rights, requiring a certified statement from a qualified individual and allowing for changes related to replacement and redundant wells without prior approval under certain conditions. Furthermore, it mandates that the secretary of state notify federally recognized tribal governments in Montana about the enactment of this legislation.

Statutes affected:
LC Text: 85-2-313, 85-2-315, 85-2-402
HB0441_1(1): 85-2-313, 85-2-315, 85-2-402
HB0441_1(2): 85-2-313, 85-2-315, 85-2-402
HB0441_1(3): 85-2-313, 85-2-315, 85-2-402
HB0441_1: 85-2-313, 85-2-315, 85-2-402