Bill > SB76

This bill revises Montana's water right permit application process by modifying the procedures for preliminary determinations. Under the revised law, when the Department of Natural Resources and Conservation (DNRC) receives a water right permit or change in appropriation right application, it must publish notice of receipt on its website and update the notice when the application is deemed complete. The bill changes the timeline for draft preliminary determinations, allowing the department 60 days if a pre-application meeting has been completed, or 120 days if not. The department may now meet with the applicant and potentially affected parties, draft a preliminary determination, and include conditions for permit issuance. Applicants can request a 180-day extension to submit additional information, after which the department may revise its draft determination. The bill also modifies public comment procedures, allowing interested parties with potentially affected property or water rights to provide comments within 30 days. The department must then consider these comments and issue a final preliminary determination to either grant, modify, or deny the application. If the determination is to deny the application, a hearing must be held. The changes are designed to provide more clarity and flexibility in the water right permitting process and will be effective immediately upon passage.

Agriculture and Natural Resources

https://bills.legmt.gov/#/laws/bill/2/LC0553