This bill seeks to repeal the Montana Water Rights Protection Act (MWRPA) and the Unitary Administration and Management Ordinance concerning water use on the Flathead Indian Reservation. It argues that the MWRPA includes elements not agreed upon by the Montana Legislature, leading to complications with land exchanges and water rights quantification. 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.

In addition to the repeal, the bill amends existing sections of the Montana Code Annotated (MCA) to clarify the state's role in water management. It deletes provisions that recognized the jurisdiction of the Flathead reservation water management board and establishes that the state will defend the water rights of all citizens equally. The bill also introduces new requirements for notifying tribal governments about the act, allows for the appointment of water mediators to resolve disputes, and outlines conditions for groundwater appropriation without a permit. Overall, the bill aims to streamline water resource management while ensuring the protection of existing rights and prioritizing public health and safety.

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