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, enforcement mechanisms, and new reporting requirements for water appropriators. The bill introduces a new exception for appropriations within the Rye Creek stream depletion zone in Ravalli County, allowing withdrawals of 20 gallons per minute or less without a permit, provided they do not exceed 2 acre-feet per year. It also emphasizes the importance of monitoring and managing ground water resources to prevent waste and contamination.
Additionally, the bill establishes "Legislatively Designated Controlled Ground Water" areas that require permits for appropriation, with exceptions for small amounts of water for single living units and stockwater. It outlines specific aquifers under this designation, removes the Bitterroot Valley from the list, and mandates metering and reporting for new water rights. The bill introduces "Legislatively Designated Temporary Controlled Ground Water" areas for study purposes, limited to six years, and prioritizes these areas for analysis by the ground water assessment steering committee. It also requires the Department of Natural Resources and Conservation to conduct a statewide analysis of noncompliant water use and provides a grace period for landowners to demonstrate lawful water use before judicial enforcement is pursued after December 1, 2028.
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: 85-2-113, 85-2-306, 85-2-381, 85-2-506, 85-2-524