Bill > HB441

This bill revises Montana's water rights laws to establish a clear process for aligning provisional water rights with final water rights decrees. The bill requires the Montana Department of Natural Resources to notify water right owners within 60 days after a final decree is issued in a specific basin, giving them an opportunity to petition for reduction, modification, or revocation of provisional permits. Petitioners must prove by a preponderance of evidence that a provisional permit would have been denied or modified if the final decree had been available, and that water could not be considered legally available at the time of the permit's issuance. The department must then review these petitions and either deny them or propose changes to the provisional permits. If no petitions are filed, the department will issue a certificate of water right. The bill also clarifies the verification process for changes in water rights, ensuring that any modifications are consistent with the final water rights decree or any reductions in provisional permits. These changes aim to provide a more transparent and systematic approach to reconciling provisional water rights with final decrees, ultimately helping to manage water resources more effectively in Montana.

Agriculture and Natural Resources, Budget and Finance

https://bills.legmt.gov/#/laws/bill/2/LC1453