The bill seeks to amend Montana's water laws to improve the alignment of provisional water rights with final decrees and to clarify the procedures for post-decree petitions concerning the modification, reduction, or revocation of permits. It introduces a definition for provisional permits as those issued before a final decree and establishes a structured process for water right owners to petition for changes to these permits within a designated timeframe. The Department of Natural Resources and Conservation is required to notify relevant parties of final decrees and to provide a clear framework for petitioning, which includes specific content requirements and response timelines.

Additionally, the bill revises the procedures for issuing certificates of water rights, ensuring that the department verifies compliance with permit terms during appropriation completion. It emphasizes the importance of considering the final decree when assessing the legal availability of water at the time of permit issuance. The bill also introduces a requirement for a certified statement from a qualified individual regarding the completion of appropriations, and it allows for changes in appropriation rights 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 new 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: 85-2-313, 85-2-315, 85-2-402