Montana legislation · 2025 Regular Session
Montana SB186: Provide for expedited processing in district courts of water cases arising under final decrees
Status: Failed, May 23, 2025
What the bill says
A bill for an act entitled: "an act providing procedures for expedited processing in district courts of water cases arising under final decrees; providing for the cessation of operations of the water court, water divisions, and water judges as final decrees are entered; providing that district courts assume jurisdiction once final decrees are entered; amending sections 3-7-101, 3-7-212, 3-7-224, 3-7-501, 85-2-214, 852-234, 85-2-236, 85-2-309, and 85-2-406, mca; and providing a retroactive applicability date.".
From the engrossed text:
A BILL FOR AN ACT ENTITLED: "AN ACT PROVIDING PROCEDURES FOR EXPEDITED PROCESSING IN DISTRICT COURTS OF WATER CASES ARISING UNDER FINAL DECREES; PROVIDING FOR THE CESSATION OF OPERATIONS OF THE WATER COURT, WATER DIVISIONS, AND WATER JUDGES AS FINAL DECREES ARE ENTERED; PROVIDING THAT DISTRICT COURTS ASSUME JURISDICTION ONCE FINAL DECREES ARE ENTERED; AMENDING SECTIONS 3-7-101, 3-7-212, 3-7-224, 3-7-501, 85-2-214, 852-234, 85-2-236, 85-2-309, AND 85-2-406, MCA; AND PROVIDING A RETROACTIVE APPLICABILITY DATE." WHEREAS, the Montana general stream adjudication established by Senate Bill No. 76 during the 1979 Montana Legislature was explicitly designed as a temporary judicial system with limited jurisdiction to adjudicate water rights as they existed on July 1, 1973; and WHEREAS, the Montana Water Court, created to implement this system, has operated in Bozeman for over 44 years and is projected to complete its work within the next decade; and WHEREAS, the temporary nature of the Water Court was a core feature of the original legislation, with the express understanding that the Water Court's sole purpose was to adjudicate pre-1973 water rights; and WHEREAS, maintaining the Water Court beyond its intended role represents an unnecessary expansion of government, especially when local District Courts are fully capable of and have historically handled water rights enforcement; and WHEREAS, maintaining local control of water rights administration and enforcement, as outlined …
Sponsors
- Usher, Barry (R, 19) · primary sponsor
Latest actions
- : (S) Died in Process
- : (S) Missed Deadline for General Bill Transmittal
- : (S) 2nd Reading
- : (S) Scheduled for 2nd Reading
- : (S) Reconsidered Previous Action
- : (S) 2nd Reading Indefinitely Postponed
- : (S) 2nd Reading
- : (S) Committee Report
- : (S) Committee Executive Action
- : (S) Hearing
Votes
- Indefinitely Postpone -McGillvray (March 1, 2025): 28 yea, 22 nay, passed
- Do Pass (March 1, 2025): 24 yea, 26 nay, failed
- ReconsAction -Usher (February 28, 2025): 26 yea, 23 nay, passed
- Indefinitely Postpone -McGillvray (February 27, 2025): 28 yea, 22 nay, passed
- Do Pass (February 27, 2025): 25 yea, 25 nay, failed
Subjects: Courts, Water
Common questions
- What is SB186?
- SB186 is a bill in the Montana Legislature (2025 Regular Session): Provide for expedited processing in district courts of water cases arising under final decrees.
- What does SB186 do?
- In its own words: A bill for an act entitled: "an act providing procedures for expedited processing in district courts of water cases arising under final decrees; providing for the cessation of operations of the water court, water divisions, and water judges as final decrees are entered; providing that district courts assume jurisdiction once final decrees are entered; amending sections 3-7-101, 3-7-212, 3-7-224, 3-7-501, 85-2-214, 852-234, 85-2-236, 85-2-309, and 85-2-406, mca; and providing a retroactive applicability date.".
- What is the status of SB186?
- Failed as of May 23, 2025. Latest action: (S) Died in Process (May 23, 2025).
- Who sponsored SB186?
- Usher, Barry (R, 19).
- Where is the official record for SB186?
- On the Montana Legislature website: https://bills.legmt.gov/#/laws/bill/2/LC0436
Source: official Montana record. Tracked by Delilah, AI for legislation across all 50 states and Congress.