Montana 2025 Regular Session

Montana Senate Bill SB436

Introduced
2/24/25  
Refer
2/24/25  
Engrossed
3/7/25  
Refer
3/17/25  

Caption

Generally revise laws relating to exempt wells

Impact

The proposed changes in SB436 would have significant implications for state laws governing water rights. The bill modifies legislation to clarify and potentially ease the process for individuals and entities to appropriate groundwater without extensive permitting requirements, especially in cases of smaller appropriations. This could lead to increased access to groundwater resources for agricultural, domestic, and recreational purposes while possibly placing a greater emphasis on sustainable management practices associated with aquifers and groundwater supplies.

Summary

Senate Bill 436 (SB436) is designed to revise laws related to water rights that are exempt from permitting. It defines concepts such as 'combined appropriation' and seeks to provide rulemaking authority regarding groundwater appropriation. A key focus of the bill is establishing clearer guidelines for what constitutes beneficial use of water, including provisions for projects involving aquifer recharge and groundwater management. By amending existing laws, SB436 aims to streamline the process of appropriating groundwater for various beneficial uses.

Sentiment

Overall sentiment surrounding SB436 has been mixed. Proponents argue that the bill is necessary to promote efficient use of water resources and reduce bureaucratic barriers that hinder access to vital groundwater supplies, especially in rural areas. On the other hand, there are concerns from environmental advocates and some stakeholders that easing restrictions could lead to over-extraction of resources, potentially harming ecosystems and diminishing the availability of water in areas dependent on these supplies.

Contention

Notable points of contention in the discussions surrounding SB436 include the balance between promoting development and ensuring sustainable water management. Critics question whether the bill might encourage practices that result in detrimental environmental impacts, particularly in regions vulnerable to water depletion. Issues related to the definition of beneficial use and the thresholds set for exemption from permitting are also areas of significant debate. Ensuring adequate protections for existing water rights holders and environmental conservation remains a critical concern.

Companion Bills

No companion bills found.

Previously Filed As

MT SB304

Revise FWP instream water rights

MT HB642

Revise exempt wells laws

MT HB435

Revise water right laws related to exempt wells

MT HB128

Generally revise marijuana laws

MT HB576

Revise laws related to water and coal mining

MT HB114

Revise timelines for water right permit and change process

MT HB924

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

MT HB406

Clarify regulations for ponds

MT SB538

Generally revise marijuana laws

MT HB581

Generally revise open cut laws

Similar Bills

CA AB441

Water: underground storage.

CA SB762

Groundwater storage: beneficial use.

CA AB1427

Water: underground storage.

HI SB2406

Relating To Special Purpose Revenue Bonds.

CA AB2362

Water quality control plans: funding.

MT SB178

Provide for temporary lease of water rights

CA AB2649

State Water Project: water supply contracts.

CA AB1469

Santa Clara Valley Water District.