- 2025
69th Legislature 2025 HB0935.4
- 1 - Authorized Print Version – HB 935
1 HOUSE BILL NO. 935
2 INTRODUCED BY M. THIEL, B. CARTER, S. MANESS, R. MINER, G. OBLANDER, G. PARRY, J.
3 SCHILLINGER
4
5 A BILL FOR AN ACT ENTITLED: “AN ACT PROVIDING FOR A STUDY OF DEPARTMENT SUSPENSION OR
6 CLOSURE OF NEW GROUND WATER APPROPRIATIONS IN THE FOX HILLS-HELL CREEK AQUIFER;
7 PROVIDING FOR A FEASIBILITY STUDY OF GROUND WATER AVAILABILITY; PROVIDING REPORTING
8 REQUIREMENTS; APPROPRIATING FUNDS; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND A
9 TERMINATION DATE.”
10
11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
12
13 NEW SECTION. Section 1.
14GROUND WATER study. (1) In order to balance the need for continued development of
15 Montana's water and for protection of existing water rights in the Fox Hills -Hell Creek aquifer, the department
16 may suspend action on a class of applications or may close an aquifer source and refuse to accept a
17 class of applications, or both, for a permit to appropriate ground water from that source pursuant to this part.
18 (2) Pursuant to subsection (1), the department may suspend or close permit applications to
19 appropriate ground water from the Fox Hills-Hell Creek aquifer within department administrative boundaries
20 39E, 39FJ, 39G, 39H, 40D, 40E, 40P, 40Q, 40R, 40S, 42A, 42C, 42J, 42K, 42KJ, 42L, and 42M if the proposed
21 appropriation is 3, 000 gallons a minute or more EXCEEDS THE PERMIT EXCEPTIONS PROVIDED IN 85-2-306.
22 (3) The bureau of mines and geology shall complete a feasibility study on ground water availability
23FOX HILLS-HELL CREEK AQUIFER in the department administrative boundaries listed in subsection (2)
24 39E,39FJ, 39G, 39H, 40D,40E, 40P, 40Q, 40R, 40S, 42A, 42C,42J, 42K, 42KJ, 42L,42M. T MAY
25:
26 (A) COMPILATION AND UPDATE OF NEW GEOLOGIC AND HYDROGEOLOGIC DATA;
27 (B) LIMITED FIELD COLLECTION OF WATER LEVELS AND PRESSURE FOR WELLS WITH HISTORICAL DATA;
28 (C) PRELIMINARY WATER BUDGET FOR THE FOX HILLS-HELL C; AND - 2025
69th Legislature 2025 HB0935.4
- 2 - Authorized Print Version – HB 935
1 (D) .
2 (4)(2) THE BUREAU SHALL REPORT THE PROGRESS AND RESULTS OF ITS STUDY TO THE WATER POLICY
3 5-5-231, IN ACCORDANCE WITH 5-11-210. THE COMMITTEE SHALL CONSIDER THE
4
5FOX HILLS-HELL CREEK AQUIFER.
6
7
8 NEW SECTION. Section 2. Transfer .. By June 30, 2025, the state treasurer shall transfer $5,0 00
9 $50,000 FROM THE GENERAL FUND to the ground water assessment account in 85-2-905.
10
11
12 NEW SECTION. Section 3 .. Appropriation. There is appropriated $ 5,000$50,000 from the general
13 fund to the bureau of mines and geology for the biennium beginning July 1, 2025, for a feasibility study
14 pursuant to subsection (3) of [section 1 (1) ].
15
16 NEW SECTION. Section 2. [Section 1] is intended to be codified as an
17 integral part of Title 85, chapter 2, part 3, and the provisions of Title 85, chapter 2, part 3, apply to [section 1].
18
19 NEW SECTION. Section 3. [This act] is effective on passage and approval.
20
21 NEW SECTION. Section 4. [This act] terminates June 30, 2027.
22 - END -