Bill

Bill > HB886


MT HB886

Provide for water division court, judges


summary

Introduced
03/26/2025
In Committee
03/28/2025
Crossed Over
Passed
Dead
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)

bill text


bill summary

Loading...

bill summary

Loading...
Loading...