Bill > SB436

This bill revises Montana's water rights laws, primarily focusing on clarifying the definition of "combined appropriation" and modifying exemptions for water well permitting. The bill introduces a new definition for "combined appropriation," which means water appropriation from the same source aquifer by two or more groundwater developments that could have been accomplished by a single appropriation. This definition allows for flexibility, recognizing that such appropriations do not need to be physically connected, can involve individual developed springs or wells, can be developed gradually, and represent the total water appropriated for an entire project from groundwater developments in the same source aquifer. The bill also modifies existing water appropriation exemption rules, specifically adjusting the volume of water that can be extracted without a permit. For areas outside a stream depletion zone, the exemption changes from a flat 10 acre-feet per year to a sliding scale of 1 acre-foot per year for every 2 acres of a parcel, not exceeding 10 acre-feet annually. Similar proportional changes are made for areas within stream depletion zones. Additionally, the bill requires that a copy of the act be sent to each federally recognized tribal government in Montana, ensuring transparency and communication about changes to water rights regulations.

Agriculture and Natural Resources

https://bills.legmt.gov/#/laws/bill/2/LC4191