The bill proposes significant revisions to Montana's water laws, particularly concerning the process for changing appropriation rights. It allows appropriators to make changes without prior approval from the department under specific conditions, such as constructing redundant water supply wells or replacing existing wells. The bill establishes criteria for these changes, including the requirement to file a correct and complete notice of change within a designated timeframe. Additionally, municipalities and county water and sewer districts are granted the authority to change the place of use for unperfected municipal use permits or water reservations without prior approval, provided they meet certain conditions.
Moreover, the bill amends existing sections of the Montana Code Annotated (MCA) to clarify the jurisdiction of water judges and the procedures for handling objections to changes in appropriation rights. It introduces new legal language regarding the handling of objections and the criteria for valid objections while deleting outdated provisions. The bill also emphasizes the need for public hearings for applications involving large volumes of water and outlines the process for notifying the department upon completion of changes. Overall, the legislation aims to streamline the process for changing water rights while ensuring the protection of existing rights and resources.
Statutes affected: LC Text: 3-7-224, 85-2-309, 85-2-402, 85-2-407
HB0432_1(1): 3-7-224, 85-2-309, 85-2-402, 85-2-407
HB0432_1: 3-7-224, 85-2-309, 85-2-402, 85-2-407