House Bill 441 seeks to revise Montana's water laws to better align provisional water rights with final decrees and clarify the processes for post-decree petitions regarding permits. Key amendments include the definition of provisional permits as those authorized before a final decree is issued and the establishment of a clear process for petitioning to reduce, modify, or revoke these permits. The bill mandates that the Department of Natural Resources and Conservation notify owners of existing water rights and provisional permits within 60 days of a final decree, allowing them the opportunity to petition for changes. It also outlines the requirements for filing a petition, including the necessity for a correct and complete application, and specifies the department's responsibilities in reviewing and responding to these petitions.

Additionally, the bill introduces new legal language that requires the department to verify that changes in appropriation rights on provisional permits are in substantial accordance with any modifications or reductions made to those permits. It allows for changes in appropriation rights without prior approval from the department under certain conditions, such as for replacement wells, and specifies that appropriators must file notices of these changes within a set timeframe. The legislation also includes provisions for addressing objections from other water rights holders and mandates notification to tribal governments, ultimately aiming to streamline the management of water rights while ensuring compliance with existing laws.

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(4): 85-2-313, 85-2-315, 85-2-402
HB0441_1(5): 85-2-313, 85-2-315, 85-2-402
HB0441_1: 85-2-313, 85-2-315, 85-2-402
HB0441_X(1): 85-2-313, 85-2-315, 85-2-402
HB0441_X(2): 85-2-313, 85-2-315, 85-2-402
HB0441_X(3): 85-2-313, 85-2-315, 85-2-402
HB0441_X(4): 85-2-313, 85-2-315, 85-2-402
HB0441_X(5): 85-2-313, 85-2-315, 85-2-402
HB0441_X: 85-2-313, 85-2-315, 85-2-402