67th Legislature
SB 13.1
1 SENATE BILL NO. 13
2 INTRODUCED BY J. COHENOUR
3 BY REQUEST OF THE WATER POLICY INTERIM COMMITTEE
4
5 A BILL FOR AN ACT ENTITLED: “AN ACT REVISING WATER RIGHT ADJUDICATION LAWS;
6 INTEGRATING EXAMINATION OF EXEMPT RIGHTS INTO THE DEPARTMENT OF NATURAL
7 RESOURCES AND CONSERVATION PERFORMANCE BENCHMARKS RELATED TO WATER RIGHT
8 ADJUDICATION; ALLOWING EXEMPT RIGHTS TO BE PUBLISHED IN THE SAME SUPPLEMENTAL
9 PRELIMINARY DECREE AS OTHER CLAIMS; AMENDING SECTIONS 85-2-231 AND 85-2-271, MCA; AND
10 PROVIDING AN IMMEDIATE EFFECTIVE DATE.”
11
12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
13
14 Section 1. Section 85-2-231, MCA, is amended to read:
15 "85-2-231. Temporary preliminary decree, preliminary decree, and supplemental preliminary
16 decree. (1) A water judge may issue a temporary preliminary decree prior to the issuance of a preliminary
17 decree if the temporary preliminary decree is necessary for the orderly adjudication or administration of water
18 rights.
19 (2) (a) The water judge shall issue a preliminary decree. The preliminary decree must be based on:
20 (i) the statements of claim before the water judge, including all claims filed pursuant to 85-2-222 for a
21 preliminary decree issued after June 30, 2019;
22 (ii) the data submitted by the department;
23 (iii) the contents of compacts approved by the Montana legislature and the tribe or federal agency or,
24 lacking an approved compact, the filings for federal and Indian reserved rights; and
25 (iv) any additional data obtained by the water judge.
26 (b) The preliminary decree must be issued within 90 days after the close of the special filing period
27 set out in 85-2-702(3) or as soon after the close of that period as is reasonably feasible.
28 (c) In a basin in which a water judge has issued a preliminary decree prior to July 1, 2019, the water
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 67th Legislature
SB 13.1
1 judge shall issue a supplemental preliminary decree, containing only those that includes but is not limited to
2 claims for exempt rights, as defined in 85-2-222, that were not included in a preliminary decree and for which
3 notice has not been provided under 85-2-233(6).
4 (d) The water judge may issue an interlocutory decree if an interlocutory decree is otherwise
5 necessary for the orderly administration of water rights.
6 (3) A temporary preliminary decree may be issued for any hydrologically interrelated portion of a
7 water division, including but not limited to a basin, subbasin, drainage, subdrainage, stream, or single source of
8 supply of water, or any claim or group of claims at a time different from the issuance of other temporary
9 preliminary decrees.
10 (4) The temporary preliminary decree, preliminary decree, or supplemental preliminary decree must
11 contain the information and make the determinations, findings, and conclusions required for the final decree
12 under 85-2-234.
13 (5) If the water judge is satisfied that the report of the water master meets the requirements for the
14 preliminary decree and is satisfied with the conclusions contained in the report, the water judge shall adopt the
15 report as the preliminary decree. If the water judge is not satisfied, the water judge may recommit the report to
16 the master with instructions or modify the report and issue the preliminary decree.
17 (6) The department shall examine claims in basins that were verified rather than examined as ordered
18 by the water court. The objection and hearing provisions of Title 85, chapter 2, part 2, apply to these claims.
19 (Subsection (6) terminates June 30, 2028--sec. 10, Ch. 269, L. 2015.)"
20
21 Section 2. Section 85-2-271, MCA, is amended to read:
22 "85-2-271. (Temporary) Benchmarks -- action taken if not met -- claims examination priority. (1)
23 (a) The water court shall prioritize basins for the purpose of claims examination and reexamination by the
24 department.
25 (b) The chief water judge has the authority to order that reexamination be completed for a certain
26 basin in a higher priority than claims examination. If the chief water judge issues an order requiring the
27 department to reexamine claims rather than examining claims, the number of claims that were reexamined
28 must be counted against the amount of claims that the department is required to examine for that period.
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SB 13.1
1 (2) (a) The benchmarks that are provided in subsection (2)(b) must be met. If the benchmarks are not
2 met, money for water adjudication may not be included in the department's base budget.
3 (b) The benchmarks are as follows:
4 (i) the department shall reexamine 10,000 verified claims by June 30, 2017;
5 (ii) the department shall reexamine 30,000 verified claims by June 30, 2019;
6 (iii) the department shall examine or reexamine 60,000 verified 65,000 claims by June 30, 2021 2022;
7 and
8 (iv) the department shall examine or reexamine 90,000 verified 85,000 claims by June 30, 2023;
9 (v) the department shall examine or reexamine 95,000 claims by June 30, 2024; and
10 (vi) the department shall examine or reexamine all timely filed claims by June 30, 2025. (Terminates
11 June 30, 2028--secs. 10, 11, Ch. 269, L. 2015.)"
12
13 NEW SECTION. Section 3. Effective date. [This act] is effective on passage and approval.
14
15 - END -
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Statutes affected:
SB0013_1.pdf: 85-2-231, 85-2-271
SB0013_X.pdf: 85-2-231, 85-2-271
Introduced: 85-2-231, 85-2-271