Bill > SB186

This bill establishes a systematic process for transitioning water rights jurisdiction from the Montana Water Court back to local District Courts as final decrees are completed for each water basin. The legislation builds upon the original 1979 Senate Bill No. 76, which created the Water Court as a temporary judicial system to adjudicate water rights existing as of July 1, 1973. Key provisions include: specifying that once a final decree is issued for a basin, the Water Court's jurisdiction for that basin ceases; requiring District Courts to enforce final decrees and handle post-decree matters such as water distribution, abandonment, and enforcement actions; mandating that the Department of Natural Resources send copies of final decrees to relevant District Courts; and establishing an expedited process for District Courts to handle water cases, including the ability to use judges pro tempore, special masters, and standing masters. The bill requires the Water Court to cease all operations within 180 days after resolving all appeals and post-decree motions for the final basin decree, effectively winding down the temporary court system as originally intended. Additionally, the bill applies retroactively to final decrees issued prior to its effective date, ensuring a comprehensive transition of water rights jurisdiction.

Agriculture and Natural Resources, Justice

https://bills.legmt.gov/#/laws/bill/2/LC0436