Additional Bill Links PDF (with line numbers)
HOUSE BILL NO. 114
INTRODUCED BY Z. BROWN
BY REQUEST OF THE DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION
A BILL FOR AN ACT ENTITLED: "AN ACT REVISING WATER MEDIATOR LAWS; CLARIFYING THE PURPOSE FOR APPOINTMENT OF A WATER MEDIATOR; CLARIFYING WATER MEDIATOR DUTIES; AMENDING SECTION 85-5-110, MCA; AND PROVIDING AN APPLICABILITY DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 85-5-110, MCA, is amended to read:
"85-5-110. Appointment of water mediators -- duties -- definition. (1) Except as provided in 85-20-1902, the judge of the district court may appoint a water mediator to mediate a water controversy right distribution dispute in a decreed or nondecreed basin under the following circumstances:
(a) upon request of the governor;
(b) upon petition by at least 15% of the owners of water rights in a decreed or nondecreed basin; or
(c) in the discretion of the district court having jurisdiction.
(2) A water mediator appointed under this section may:
(a) discuss proposed solutions to a water controversy right distribution dispute with affected water right holders;
(b) review options related to scheduling and coordinating water use with affected water right holders;
(c) discuss water use and water needs with persons and entities affected by the existing water use a water right distribution dispute;
(d) meet with principal parties to mediate differences over the use of a water right distribution dispute; and
(e) hold public meetings and conferences to discuss and negotiate potential solutions to controversies over use of water water right distribution disputes.
(3) If the governor requests or a state agency petitions for a water mediator, the governor or agency shall pay all or a majority of the costs of the water mediator as determined equitable by the district court having jurisdiction.
(4) The governor may use funds appropriated under 75-1-1101 to pay the costs of a water mediator.
(5) This section does not allow a water mediator to require any valid water right holder to compromise or reduce any of the holder's existing water rights.
(6) If an appropriator voluntarily ceases to use all or part of an appropriation right or voluntarily ceases to use an appropriation right according to its terms and conditions as a result of the efforts of a mediator appointed under this section, the appropriator may not be considered to have abandoned all or any portion of the appropriation right.
(7) For purposes of this section, "water right distribution dispute" means a dispute among different water right holders over the distribution of water."
NEW SECTION. Section 2. Applicability. [This act] applies to the appointment of a water mediator on or after [the effective date of this act].
- END -
Latest Version of HB 114 (HB0114.01)
Processed for the Web on December 14, 2018 (4:58pm)
New language in a bill appears underlined, deleted material appears stricken.
Sponsor names are handwritten on introduced bills, hence do not appear on the bill until it is reprinted.
See the status of this bill for the bill's primary sponsor.
Status of this Bill | 2019 Legislature | Leg. Branch Home
All versions of this bill (PDF format)
Authorized print version of this bill w/line numbers (PDF format)
[ NEW SEARCH ]
Prepared by Montana Legislative Services
(406) 444-3064