Montana legislation · 2025 Regular Session
Montana SB190: Allow water right holders to consent to waive adverse effects analysis in permit or change applications
Status: Signed into law, April 18, 2025
What the bill says
An act allowing water right holders to consent to waive adverse effects analysis in water right permit or change applications; and amending sections 85-2-311, 85-2-320, 85-2-360, 85-2-402, 85-2-407, and 85-2-408, mca.
From the engrossed text:
AN ACT ALLOWING WATER RIGHT HOLDERS TO CONSENT TO WAIVE ADVERSE EFFECTS ANALYSIS IN WATER RIGHT PERMIT OR CHANGE APPLICATIONS; AND AMENDING SECTIONS 85-2-311, 85-2-320, 85-2-360, 85-2-402, 85-2-407, AND 85-2-408, MCA. Section 1. Section 85-2-311, MCA, is amended to read: "85-2-311. Criteria for issuance of permit. (1) A permit may be issued under this part prior to the adjudication of existing water rights in a source of supply. In a permit proceeding under this part, there is no presumption that an applicant for a permit cannot meet the statutory criteria of this section prior to the adjudication of existing water rights pursuant to this chapter. In making a determination under this section, the department may not alter the terms and conditions of an existing water right or an issued certificate, permit, or state water reservation. Except as provided in subsections (3) and (4), the department shall issue a permit if the applicant proves by a preponderance of evidence that the following criteria are met: (a) (i) there is water physically available at the proposed point of diversion in the amount that the applicant seeks to appropriate; and (ii) water can reasonably be considered legally available during the period in which the applicant seeks to appropriate, in the amount requested, based on the records of the department and other evidence provided …
Sponsors
- Harvey, Derek (D, 37) · primary sponsor
- Miner, Russ (R, 26)
Latest actions
- : Chapter Number Assigned
- : (S) Signed by Governor
- : (S) Transmitted to Governor
- : (H) Signed by Speaker
- : (S) Signed by President
- : (S) Returned from Enrolling
- : (S) Sent to Enrolling
- : (H) 3rd Reading
- : (H) Scheduled for 3rd Reading
- : (H) 2nd Reading
Votes
- Do Concur (March 28, 2025): 95 yea, 4 nay, passed
- Do Concur (March 27, 2025): 94 yea, 3 nay, passed
- Do Pass (February 14, 2025): 50 yea, 0 nay, passed
- Do Pass (February 13, 2025): 50 yea, 0 nay, passed
Subjects: Water
Common questions
- What is SB190?
- SB190 is a bill in the Montana Legislature (2025 Regular Session): Allow water right holders to consent to waive adverse effects analysis in permit or change applications.
- What does SB190 do?
- In its own words: An act allowing water right holders to consent to waive adverse effects analysis in water right permit or change applications; and amending sections 85-2-311, 85-2-320, 85-2-360, 85-2-402, 85-2-407, and 85-2-408, mca.
- What is the status of SB190?
- Signed into law as of April 18, 2025. Latest action: Chapter Number Assigned (April 18, 2025).
- Who sponsored SB190?
- Harvey, Derek (D, 37), with 1 co-sponsor.
- Where is the official record for SB190?
- On the Montana Legislature website: https://bills.legmt.gov/#/laws/bill/2/LC1452
Source: official Montana record. Tracked by Delilah, AI for legislation across all 50 states and Congress.