The bill revises Montana's laws regarding local and state regulation of subdivisions and water availability. It clarifies the definition of "water right" and updates the processes for issuing certificates for groundwater appropriations exempt from permitting. Key amendments include new criteria for subdivision reviews focused on water availability, requiring local governing bodies to adopt regulations that ensure orderly development and environmental protection. The bill specifies that local authorities' review and decision-making are limited to the criteria outlined within the bill, and it mandates that applicants for subdivisions not served by certain water facilities must demonstrate adequate water rights or approvals from the Department of Natural Resources and Conservation.

Additionally, the bill amends Section 76-3-622 to enhance requirements for subdividers regarding water and sanitation information, stipulating that each lot must have a water right or a completed technical analysis unless served by specific facilities. It also outlines the administration and enforcement of subdivision reviews, emphasizing the need for evidence of water supply quality and introducing provisions for independent reviewers. The bill further clarifies groundwater appropriation laws, detailing conditions under which permits are not required and establishing compliance requirements for public water supply systems. The act is set to take effect on January 1, 2026, providing a clear timeline for the implementation of these new provisions.

Statutes affected:
LC Text: 76-3-501, 76-3-604, 76-3-608, 76-3-622, 76-4-104, 85-2-102, 85-2-306