HOUSE BILL NO. 429

INTRODUCED BY J. SHOCKLEY

A BILL FOR AN ACT ENTITLED: "AN ACT TEMPORARILY CLOSING THE BITTERROOT RIVER BASIN TO FURTHER APPROPRIATIONS AND RESERVATIONS, EXCEPT FOR GROUND WATER, MUNICIPAL, AND EMERGENCY APPROPRIATIONS AND SOME SEASONAL STORAGE; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND AN APPLICABILITY DATE."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

NEW SECTION. Section 1. Bitterroot River basin temporary closure -- definitions -- exceptions. (1) Unless the context requires otherwise, in this section, the following definitions apply:

(a) "Application" means an application for a beneficial water use permit pursuant to 85-2-302 or a state water reservation pursuant to 85-2-316.

(b) "Bitterroot River basin" means the drainage area of the Bitterroot River and its tributaries above the confluence of the Bitterroot River and Clark Fork of the Columbia River and designated as "Basin 76H".

(2) As provided in 85-2-319, the department may not process or grant an application for a permit to appropriate water or for a state water reservation within the Bitterroot River basin until the basin closure is terminated pursuant to subsection (3) of this section, except for:

(i) an application for a permit to appropriate ground water;

(ii) an application for a permit to appropriate water for a municipal water supply;

(iii) temporary emergency appropriations pursuant to 85-2-113(3); or

(iv) an application to store water during high spring flow in an impoundment with a capacity of 50 acre feet or more.

(3) The Bitterroot River basin is closed to new appropriations and new state water reservations until 2 years after issuance of a preliminary decree for the basin pursuant to Title 85, chapter 2, part 2.

NEW SECTION. Section 2. Effective date. [This act] is effective on passage and approval.

NEW SECTION. Section 3. Applicability. [This act] applies to all applications received by the department of natural resources and conservation after [the effective date of this act].

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