Bill > SB263

This bill revises state ownership of water rights on state lands by modifying existing law to provide clearer guidelines and protections for lessees and water right owners. The bill allows lessees of state lands to place improvements like wells, stock tanks, and water-related infrastructure on state lands, and explicitly permits water right owners to use water from private land sources (such as wells, streams, or springs) on state trust lands during their lease. The legislation restricts the state's ability to obtain ownership of water rights used on state lands, requiring the Department of State Lands to notify lessees 90 days before seeking board authorization to pursue legal ownership of a water right. If the board decides to authorize such a request, the matter would then be determined by a court of competent jurisdiction. The bill also mandates that the department provide the board with a list of all water rights it has obtained from lessees since 1982, giving the board the ability to request additional information and take further action. The changes aim to provide more transparency and protection for water right owners who lease state lands, ensuring they have opportunities to present evidence and arguments before any potential state claims to their water rights.

Agriculture and Natural Resources

https://bills.legmt.gov/#/laws/bill/2/LC0970