Bill > HB681

This bill revises Montana's subdivision and water rights laws, focusing on clarifying and streamlining processes related to water availability and appropriation. The bill modifies several key areas: First, it changes local government subdivision review procedures by specifying that local government decisions about subdivision approvals are specific to subdivision criteria and not constrained by state agency decisions. Second, it establishes new requirements for demonstrating water availability when submitting subdivision applications, requiring applicants to show either an existing water right, a completed technical water permit analysis, or a notice of intent to appropriate groundwater. Third, the bill modifies the process for appropriating groundwater without a permit, introducing a more structured notification system where individuals must file a notice of intent with the Department of Natural Resources and Conservation before appropriating groundwater under certain volume thresholds. Additionally, the bill clarifies definitions of water rights, specifying that a notice of intent to appropriate groundwater is not itself considered a water right. The changes aim to provide more clarity and structure to water appropriation and subdivision review processes, with provisions designed to protect existing water users while facilitating responsible development. The bill will become effective on January 1, 2026, and will apply to subdivisions reviewed on or after that date.