Montana Senate Bill SB72

Montana 2023 Regular Session

• Introduced: 12/13/22
• Refer: 12/28/22
• Refer: 1/24/23
• Engrossed: 2/27/23
• Refer: 3/27/23
• Failed: 5/8/23

Caption

Revise judicial administration of water rights

Impact

The potential impact of SB72 on state laws is substantial, particularly in how it affects the management and oversight of water rights. By centralizing authority and enhancing the role of appointed officials, the bill seeks to address complexities in water rights adjudication and streamline processes for handling conflicts and disputes. This may lead to faster resolutions and a more predictable regulatory environment for those involved in water usage, be they agricultural users or industrial interests.

Summary

Senate Bill 72 proposes significant changes to the jurisdiction and operation of the water court in Montana. Key provisions include the governor's increased authority in appointing water judges, the establishment of clearer jurisdictional boundaries for water distribution, and the formalization of the roles of water commissioners. Additionally, SB72 aims to streamline the petition process for actions on unperfected water rights by revising and clarifying existing statutes. The bill appears designed to enhance the efficiency and effectiveness of water rights adjudication within the state, reflecting ongoing discussions about managing water resources in light of increasing demand.

Sentiment

The sentiment amongst stakeholders regarding SB72 is varied. Proponents argue that the bill will provide much-needed clarity and efficiency in water resource management, which is increasingly crucial as competition for water resources grows. However, opponents express concern that the bill might undermine local input and the independent authority of existing water courts, potentially disadvantaging smaller users and communities who rely heavily on local water rights.

Contention

Notable contention surrounding SB72 revolves around the perceived balance of power between state authority and local jurisdictions. Critics of the bill are wary of the concentration of authority under the governor's office, fearing that it may diminish the influence and responsiveness of local entities to specific community needs and rights. The discussions highlight a broader debate about who should have control over water resources—state officials or local stakeholders—drawing attention to the importance of maintaining equitable access to water rights while addressing administrative efficiency.