****
69th Legislature 2025 HB 59.1
- 1 - Authorized Print Version – HB 59
1 HOUSE BILL NO. 59
2 INTRODUCED BY M. VINTON
3 BY REQUEST OF THE DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION
4
5 A BILL FOR AN ACT ENTITLED: “AN ACT REVISING LAWS RELATED TO WATER WELL CONTRACTORS;
6 REVISING WHO MAY CONTRACT ON BEHALF OF A LICENSED WATER WELL CONTRACTOR;
7 CLARIFYING LICENSURE REQUIREMENTS FOR THE ABANDONMENT OR DECOMMISSIONING OF
8 WELLS; INCREASING THE BOND AMOUNT REQUIRED FOR WATER WELL CONTRACTOR LICENSURE;
9 REVISING COMPLAINT AND INVESTIGATION PROCEDURES; AND AMENDING SECTIONS 37-43-301, 37-
10 43-302, 37-43-306, AND 37-43-309, MCA.”
11
12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
13
14 Section 37-43-301, MCA, is amended to read:
15 "37-43-301. (1) Any firm, corporation, or
16 partnership may engage in the business of constructing water wells provided a licensed water well contractor is
17 placed in charge of all water well construction.
18 (2) The licensed water well contractor must be the individual who contracts on behalf of the firm,
19 corporation, or partnership.
20 (3)(2) A licensed water well driller, pursuant to 37-43-305, must be employed by a licensed water well
21 contractor."
22
23 Section 37-43-302, MCA, is amended to read:
24 "37-43-302. (1) The drilling, making, or construction of water wells and monitoring
25 wells is declared to be a business and activity affecting the public interest and requiring reasonable standards
26 of competence. Except as provided in subsection (2), it is unlawful for any water well contractor, water well
27 driller, or monitoring well constructor to construct, drill, alter, abandon, decommission, or rehabilitate a water
28 well or a monitoring well without first having obtained a valid license therefor for the activity as provided for in ****
69th Legislature 2025 HB 59.1
- 2 - Authorized Print Version – HB 59
1 this chapter. An individual who is licensed as a water well contractor is not required to have a separate water
2 well driller's license to perform the actual construction work on the well or a separate license to install
3 monitoring wells.
4 (2) A license is not required for:
5 (a) a person who constructs, drills, alters, abandons, decommissions, or rehabilitates a water or
6 monitoring well on land that is owned or leased by the person if:
7 (i) the land is used by the person for farming, ranching, or agricultural purposes or as the person's
8 residence;
9 (ii) the person obtains a permit from the board; and
10 (iii) the construction of the well conforms to the minimum construction standards for water or
11 monitoring wells set by board rule; or
12 (b) an apprentice water well driller who performs labor or services for a licensed water well
13 contractor or driller in connection with the drilling of a water well at the direction and under the personal
14 supervision of a licensed water well contractor or driller.
15 (3) (a) To obtain a permit under subsection (2)(a), a person shall file with the department an
16 application containing the applicant's name and mailing address, the location of the proposed well, the nature of
17 the applicant's ownership interest in the property on which the well is to be located, the construction or
18 installation method to be used, and the use for the proposed well.
19 (b) The board shall promptly issue a permit if it finds that:
20 (i) the well is located on land that the applicant owns or leases and that the applicant uses for
21 farming, ranching, or agricultural purposes or as the applicant's residence; and
22 (ii) the construction or installation method to be used meets the minimum standards for water wells
23 or monitoring wells set by board rule."
24
25 Section 37-43-306, MCA, is amended to read:
26 "37-43-306. (1) The department, on issuance of a water well contractor's or
27 monitoring well constructor's license under this chapter, shall require, before the person commences operations
28 in this state, a good and sufficient surety bond or its equivalent in a certificate of deposit, cashier's check, bank ****
69th Legislature 2025 HB 59.1
- 3 - Authorized Print Version – HB 59
1 draft, or certified check, to be approved by the board, in the sum of $4,000 $25,000, conditioned that the
2 licensee will comply with the rules of the board.
3 (2) A person who is licensed in more than one category need supply only one surety bond or its
4 equivalent in a certificate of deposit, cashier's check, bank draft, or certified check, to be approved by the
5 board, for $4,000 $25,000.
6 (3) A state or federal employee who is bonded by the state or federal government is not required
7 to supply a bond during the course of employment with the state or federal government. A bond is required if
8 the person ceases government employment.
9 (4) In lieu of the requirements of subsections (1) through (3), a firm, corporation, or partnership
10 having more than two licensed water well contractors or monitoring well constructors may submit one bond in
11 the amount of $10,000 $25,000 for the entire firm, corporation, or partnership."
12
13 Section 37-43-309, MCA, is amended to read:
14 "37-43-309. The board may investigate complaints against
15 licensees to determine compliance with the laws and rules of this chapter. Licensees must be given an
16 opportunity to respond to complaints and demonstrate or achieve legal compliance prior to disciplinary action.
17 The board may require complainants and licensees to appear before the board to discuss complaints and to
18 attempt to settle differences."
19 - END -