Montana legislation · 2025 Regular Session
Montana HB441: Align provisional water rights with final decrees
Status: Signed into law, May 8, 2025
What the bill says
An act revising water laws to align provisional water rights with final decrees; clarifying processes for post-decree petitions to reduce, modify, or revoke permits; clarifying post-decree verification of permits and changes in appropriation rights; and amending sections 85-2-313, 85-2-315, and 85-2-402, mca.
From the engrossed text:
AN ACT REVISING WATER LAWS TO ALIGN PROVISIONAL WATER RIGHTS WITH FINAL DECREES; CLARIFYING PROCESSES FOR POST-DECREE PETITIONS TO REDUCE, MODIFY, OR REVOKE PERMITS; CLARIFYING POST-DECREE VERIFICATION OF PERMITS AND CHANGES IN APPROPRIATION RIGHTS; AND AMENDING SECTIONS 85-2-313, 85-2-315, AND 85-2-402, MCA. Section 1. Section 85-2-313, MCA, is amended to read: "85-2-313. Provisional permit. (1) A permit issued prior to a final determination of existing water rights is provisional and is subject to that final determination. Upon petition, the amount of the appropriation granted in a provisional permit must be reduced, modified, or revoked by the department following a show cause hearing in which it is determined that reduction, modification, or revocation is necessary to protect and guarantee existing water rights determined in the final decree. Because a provisional permit is issued on a reasonable determination of legal availability under 85-2-311(1)(b), in a show cause hearing under this section, legal availability must be determined on a consideration of the final decree in the affected basin or subbasin. A permit authorized prior to the issuance of a final decree pursuant to 85-2-234 in the basin where the permit is located is provisional and is subject to that final decree. A person may not obtain any vested right to an appropriation obtained under a provisional permit by virtue of construction of diversion …
Sponsors
- Miner, Russ (R, 26) · primary sponsor
- Galt, Wylie (R, 39)
Latest actions
- : Chapter Number Assigned
- : (H) Signed by Governor
- : (H) Transmitted to Governor
- : (S) Signed by President
- : (H) Signed by Speaker
- : (H) Returned from Enrolling
- : (H) Sent to Enrolling
- : (S) 3rd Reading
- : (S) Scheduled for 3rd Reading
- : (S) Committee Report
Votes
- Do Concur (April 12, 2025): 50 yea, 0 nay, passed
- Do Concur (April 10, 2025): 48 yea, 0 nay, passed
- Do Pass (March 3, 2025): 95 yea, 2 nay, passed
- Do Pass (February 28, 2025): 94 yea, 4 nay, passed
Subjects: Water
Common questions
- What is HB441?
- HB441 is a bill in the Montana Legislature (2025 Regular Session): Align provisional water rights with final decrees.
- What does HB441 do?
- In its own words: An act revising water laws to align provisional water rights with final decrees; clarifying processes for post-decree petitions to reduce, modify, or revoke permits; clarifying post-decree verification of permits and changes in appropriation rights; and amending sections 85-2-313, 85-2-315, and 85-2-402, mca.
- What is the status of HB441?
- Signed into law as of May 8, 2025. Latest action: Chapter Number Assigned (May 8, 2025).
- Who sponsored HB441?
- Miner, Russ (R, 26), with 1 co-sponsor.
- Where is the official record for HB441?
- On the Montana Legislature website: https://bills.legmt.gov/#/laws/bill/2/LC1453
Source: official Montana record. Tracked by Delilah, AI for legislation across all 50 states and Congress.