Senate Bill No. [insert bill number] seeks to revise Montana's ground water laws by updating exceptions from water right permitting, establishing protocols for aquifer closure and monitoring, and revising the designation of controlled ground water areas. Key provisions include the identification of certain wells, the establishment of enforcement mechanisms, and new reporting requirements for water appropriators. The bill amends several sections of the Montana Code Annotated (MCA) related to the Department of Natural Resources and Conservation's authority, including the ability to adopt rules for measuring and reporting water usage. Notably, it removes previous restrictions on requiring meters for wells outside controlled ground water areas and introduces a new exception for appropriations within the Rye Creek stream depletion zone.

Additionally, the bill establishes "Legislatively Designated Controlled Ground Water" areas that require permits for ground water appropriation, with exceptions for small amounts of water for single living units and stockwater. It mandates metering and reporting for new water rights and authorizations, with penalties for noncompliance. The bill also introduces "Legislatively Designated Temporary Controlled Ground Water" areas for study purposes, with specific monitoring and reporting requirements. The Department is tasked with developing monitoring plans and conducting annual reviews. Furthermore, the bill outlines criteria for designating water quantity and quality controlled ground water areas, emphasizing the need for evidence of high concentrations of ground water use and declining water levels. It also requires the Department to conduct a statewide analysis to identify noncompliant water use and provides a grace period for landowners to demonstrate lawful water use before judicial enforcement is pursued.

Statutes affected:
LC Text: 85-2-113, 85-2-306, 85-2-381, 85-2-506, 85-2-524
SB0358_1(1): 85-2-113, 85-2-306, 85-2-381, 85-2-506, 85-2-524
SB0358_1(2): 85-2-113, 85-2-306, 85-2-381, 85-2-506, 85-2-524
SB0358_1(3): 85-2-113, 85-2-306, 85-2-381, 85-2-506, 85-2-524
SB0358_1: 85-2-113, 85-2-306, 85-2-381, 85-2-506, 85-2-524
SB0358_2(1): 85-2-113, 85-2-306, 85-2-381, 85-2-506, 85-2-524
SB0358_2(2): 85-2-113, 85-2-306, 85-2-381, 85-2-506, 85-2-524
SB0358_2(3): 85-2-113, 85-2-306, 85-2-381, 85-2-506, 85-2-524
SB0358_2: 85-2-113, 85-2-306, 85-2-381, 85-2-506, 85-2-524