The bill aims to clarify the laws surrounding the abandonment of water appropriation rights, particularly in the context of drought conditions. It amends Section 85-2-404 of the Montana Code Annotated to specify that if an appropriator reduces or ceases the use of their water rights during a drought, this action does not automatically indicate an intention to abandon those rights. The bill outlines specific conditions under which this nonuse is permissible, including if the location of the water use is in a county experiencing moderate drought or worse, as designated by the United States Drought Monitor, or if the reduction is in compliance with a local, regional, or state drought plan.

Additionally, the bill reinforces that leasing an existing water right or making temporary changes to an appropriation right does not constitute abandonment. It also clarifies that the presumption of abandonment due to nonuse will not apply to existing rights until they have been conclusively determined according to the relevant legal framework. Overall, the legislation seeks to protect water rights holders from being penalized for nonuse during drought periods while ensuring compliance with conservation efforts.

Statutes affected:
LC Text: 85-2-404