summary
Introduced
03/26/2025
03/26/2025
In Committee
03/28/2025
03/28/2025
Crossed Over
Passed
Dead
05/20/2025
05/20/2025
Introduced Session
2025 Regular Session
Bill Summary
AN ACT ENTITLED: “AN ACT PROVIDING FOR THE A WATER DIVISION COURT AND WATER DIVISION JUDGES; REVISING THE JURISDICTION OF THE WATER DIVISION COURT; PROVIDING THE GOVERNOR APPOINT MEMBERS TO THE WATER DIVISION COURT; PROVIDING FOR NOMINATIONS, VACANCY REPLACEMENTS, TERMS, AND SUBSTITUTIONS OF WATER DIVISION JUDGES; PROVIDING A DEFINITION; PROVIDING FOR ENFORCEMENT OF WATER RIGHTS AT THE WATER DISTRICT COURT; PROVIDING FOR WATER DIVISION COURT SUPERVISION OF WATER DISTRIBUTION; CLARIFYING COMPLAINTS BY DISSATISFIED WATER USERS; CLARIFYING PROCEDURES; REVISING LAWS RELATED TO WATER COMMISSIONERS AND WATER MEDIATORS; AMING SECTIONS 2-4- 702, 3-1-102, 3-1-901, 3-1-904, 3-1-905, 3-1-907, 3-7-101, 3-7-103, 3-7-202, 3-7-203, 3-7-204, 3-7-221, 3-7- 301, 3-7-311, 3-7-401, 3-7-402, 3-7-403, 3-7-404, 3-7-501, 3-7-502, 19-5-101, 19-5-301, 85-2-102, 85-2-112, 85-2-114, 85-2-122, 85-2-123, 85-2-125, 85-2-309, 85-2-405, 85-2-406, 85-5-101, 85-5-102, 85-5-103, 85-5- 106, 85-5-107, 85-5-109, 85-5-110, 85-5-111, 85-5-201, 85-5-203, 85-5-204, 85-5-301, 85-5-401, 85-5-402, 85- 5-403, 85-5-407, AND 85-5-408, MCA; REPEALING SECTIONS 3-7-201, 3-7-211, 3-7-212, 3-7-222, 3-7-223, 3-7-224, AND 3-7-225, MCA; AND PROVIDING A DELAYED EFFECTIVE DATE.”
AI Summary
This bill provides for a comprehensive restructuring of Montana's water division court system, establishing a new unified water division court with expanded jurisdiction and clarified administrative procedures. The bill creates a single water division court with four water divisions, each presided over by water division judges appointed by the governor based on nominations from the chief justice of the supreme court. Key provisions include establishing a centralized office for the water division court, defining its jurisdiction over water rights adjudication, water distribution, and related legal matters, and specifying new procedures for judicial review, water commissioner appointments, and dispute resolution. The bill revises numerous existing statutes to replace references to district courts and water judges with the new water division court structure, and provides for the appointment, terms, and duties of water division judges, including their powers to issue orders, mediate water disputes, and oversee water rights adjudication. The changes aim to streamline water rights legal processes, provide more consistent oversight of water distribution, and create a more specialized judicial approach to water-related legal matters in Montana. The new system will take effect on January 1, 2026, with initial judicial appointments staggered to ensure continuity of water rights management.
Committee Categories
Agriculture and Natural Resources, Justice
Sponsors (1)
Last Action
(H) Died in Process (on 05/20/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://bills.legmt.gov/#/laws/bill/2/LC1454 |
| State Bill Page | https://bills.legmt.gov/#/lc/bill/2/LC1454 |
| Fiscal Note HB0886_1 | https://docs.legmt.gov/download-ticket?ticketId=2bea2802-958a-448c-9113-fde6dc51fd29 |
| BillText | https://docs.legmt.gov/download-ticket?ticketId=19eb4760-1570-4d1c-905b-510853a3e1eb |
| BillText | https://api.legmt.gov/docs/v1/documents/getContent?documentId=295405 |
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