Montana legislation · 2025 Regular Session
Montana HB580: Clarify water right abandonment
Status: Signed into law, May 13, 2025
What the bill says
An act clarifying water right abandonment laws to address a reduction in use or the nonuse of an appropriation right during periods of drought; providing rulemaking authority; and amending section 85-2-404, mca.
From the engrossed text:
AN ACT CLARIFYING WATER RIGHT ABANDONMENT LAWS TO ADDRESS A REDUCTION IN USE OR THE NONUSE OF AN APPROPRIATION RIGHT DURING PERIODS OF DROUGHT; PROVIDING RULEMAKING AUTHORITY; AND AMENDING SECTION 85-2-404, MCA. Section 1. Section 85-2-404, MCA, is amended to read: "85-2-404. Abandonment of appropriation right. (1) If an appropriator ceases to use all or a part of an appropriation right with the intention of wholly or partially abandoning the right or if the appropriator ceases using the appropriation right according to its terms and conditions with the intention of not complying with those terms and conditions, the appropriation right is, to that extent, considered abandoned and must immediately expire. (2) If an appropriator ceases to use all or part of an appropriation right or ceases using the appropriation right according to its terms and conditions for a period of 10 successive years and there was water available for use, there is a prima facie presumption that the appropriator has abandoned the right for the part not used. (3) If an appropriator ceases to use all or part of an appropriation right in compliance with a candidate conservation agreement initiated pursuant to 50 CFR 17.32 or because the land to which the water is applied to a beneficial use is contracted under a state or federal conservation set-aside program: (a) …
Sponsors
- Seckinger, Joshua (D, 62) · primary sponsor
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
- : (H) 3rd Reading Senate Amendments
- : (H) Scheduled for 3rd Reading
- : (H) 2nd Reading Senate Amendments
Votes
- Do Concur (April 16, 2025): 97 yea, 1 nay, passed
- Do Concur (April 15, 2025): 96 yea, 1 nay, passed
- Do Concur (April 9, 2025): 49 yea, 0 nay, passed
- Do Concur (April 8, 2025): 47 yea, 1 nay, passed
- Do Pass (March 7, 2025): 98 yea, 1 nay, passed
- Do Pass (March 5, 2025): 96 yea, 0 nay, passed
Subjects: Property, Rule Making, Water
Common questions
- What is HB580?
- HB580 is a bill in the Montana Legislature (2025 Regular Session): Clarify water right abandonment.
- What does HB580 do?
- In its own words: An act clarifying water right abandonment laws to address a reduction in use or the nonuse of an appropriation right during periods of drought; providing rulemaking authority; and amending section 85-2-404, mca.
- What is the status of HB580?
- Signed into law as of May 13, 2025. Latest action: Chapter Number Assigned (May 13, 2025).
- Who sponsored HB580?
- Seckinger, Joshua (D, 62).
- Where is the official record for HB580?
- On the Montana Legislature website: https://bills.legmt.gov/#/laws/bill/2/LC2567
Source: official Montana record. Tracked by Delilah, AI for legislation across all 50 states and Congress.