Montana 2023 Regular Session

Montana Senate Bill SB261

Introduced
2/2/23  

Caption

Revise objections to water rights application

Impact

The implications of SB261 on state laws are significant, as it seeks to establish a clearer framework for handling objections to water rights applications. Under the revised criteria, objectors need to demonstrate that their water rights or interests would be adversely affected by a proposed appropriation. Furthermore, the bill mandates timely and complete submissions of objections, promoting accountability and reducing the backlog in processing applications. This change is expected to support both applicants and objectors by providing understandable guidelines, enhancing the regulation environment concerning water resources.

Summary

Senate Bill 261 is focused on revising the objections process related to water rights applications in Montana. The bill specifically amends Section 85-2-308 of the Montana Code Annotated, outlining the requirements for individuals or entities wishing to object to water rights applications. The intent is to clarify the criteria and process by which objections must be filed, including specifying the necessary details that must be included in an objection to be considered valid. This initiative is part of a broader effort to streamline water rights management in the state, aiming for a more efficient resolution of applications and objections.

Contention

While the bill aims for clarity, there are potential points of contention, particularly among stakeholders in the agricultural and environmental sectors. Some may argue that the stricter guidelines for filing objections could limit the ability of local communities to voice their concerns regarding water resource management. Critics worry that the changes might favor larger entities over smaller stakeholders, as the heightened burden of proof may discourage individuals from filing objections. Thus, the balance between facilitating water rights applications and protecting local interests is a key area of debate surrounding SB261.

Companion Bills

No companion bills found.

Previously Filed As

MT HB114

Revise timelines for water right permit and change process

MT SB190

Allow water right holders to consent to waive adverse effects analysis in permit or change applications

MT SB304

Revise FWP instream water rights

MT HB432

Revise water laws concerning exceptions to change in appropriation right process

MT SB72

Revise judicial administration of water rights

MT HB676

Generally revise state land and water laws

MT SB178

Provide for temporary lease of water rights

MT HB924

Prohibit lease or transfer of water right out of state until 2048

MT HB441

Align provisional water rights with final decrees

MT SB358

Revise exempt water right laws

Similar Bills

No similar bills found.