The bill proposes significant amendments to the Montana Code Annotated (MCA) concerning water rights, particularly focusing on streamlining the permitting process for water right holders. Key changes include the insertion of language that allows applicants to waive the requirement to prove a lack of adverse effects for any water right identified in a written consent to approval filed with a permit application. Consequently, the department is prohibited from conducting an adverse effects analysis if such consent is provided. This aims to facilitate the approval of water rights changes and permits, especially for instream flow rights, thereby enhancing the efficiency of water rights management in Montana while still considering the rights of prior appropriators.

Additionally, the bill outlines provisions for changes in appropriation rights without prior departmental approval under certain conditions, such as for replacement wells. It establishes that applicants must demonstrate that their proposed changes will not adversely affect water quality or discharge permitholders unless a valid objection is filed. The bill also clarifies the process for temporary changes in appropriation rights, allowing for renewals and modifications while ensuring the rights of other appropriators are respected. Notably, it specifies that individuals with a water use permit issued after a temporary change application cannot object to the change or its renewal, provided they are notified of the temporary change authorizations.

Statutes affected:
LC Text: 85-2-311, 85-2-320, 85-2-360, 85-2-402, 85-2-407, 85-2-408
SB0190_1(1): 85-2-311, 85-2-320, 85-2-360, 85-2-402, 85-2-407, 85-2-408
SB0190_1(2): 85-2-311, 85-2-320, 85-2-360, 85-2-402, 85-2-407, 85-2-408
SB0190_1(3): 85-2-311, 85-2-320, 85-2-360, 85-2-402, 85-2-407, 85-2-408
SB0190_1(4): 85-2-311, 85-2-320, 85-2-360, 85-2-402, 85-2-407, 85-2-408
SB0190_1: 85-2-311, 85-2-320, 85-2-360, 85-2-402, 85-2-407, 85-2-408