This bill aims to repeal the Montana Water Rights Protection Act (MWRPA) and the associated Unitary Administration and Management Ordinance for water use on the Flathead Indian Reservation. It argues that the MWRPA includes elements not agreed upon by the Montana Legislature, leading to unauthorized land exchanges and water rights quantifications. The bill reasserts the state's authority over water rights, allowing Montana to withdraw from the MWRPA and regain control over water adjudication and distribution, in line with the Winters doctrine. It also permits the Confederated Salish and Kootenai Tribes to quantify their federally reserved water rights.

Key amendments to existing Montana Code Annotated (MCA) sections include the removal of references to the Flathead Reservation Water Management Board's jurisdiction, reinstating state authority over water rights within the reservation. The bill establishes a new section outlining the state's policy on water rights claims, ensuring equal defense for all citizens and mandating the Department of Natural Resources and Conservation to process all claims. Additionally, it modifies the appropriation and management of ground water, including conditions for permit exemptions and the process for designating controlled ground water areas. The bill also repeals certain sections related to water rights compacts and requires notification to tribal governments, while empowering district court judges to appoint water mediators for resolving water disputes.

Statutes affected:
LC Text: 3-7-211, 85-2-111, 85-2-114, 85-2-301, 85-2-302, 85-2-306, 85-2-506, 85-5-110