2015-2016 Water Policy Committee

Staff memo to committee
Draft agenda
March 7, 2016 minutes
March 8, 2016 minutes
SJ2: State assumption of federal section 404 permitting program
- Annual cost estimate for assumption of section 404 permitting duties (LEPO staff)
- Wetland Development Grants
  - Overview of grant program (EPA)
  - Grant program application information (EPA)
Study of water availability and supply
- Gray water
  - Gray water laws (MCA)
  - Memo on gray water systems property tax abatement (Department of Revenue)
- How city of Bozeman is planning for future water supply
  - Outline of presentation
  - Integrated Water Resources Plan, executive summary
  - Recommendations to the Bozeman City Commission for Integrated Water Resources Plan
  - 2014-15 City of Bozeman water conservation program update
- 2014 Report Card for Montana's Infrastructure (Montana Section of American Society of Civil Engineers)
Study of the future of the Water Court
- HB39 water right ownership update status sheet (Blake Creek Project Management)
- Memo: Water commissioners in areas with enforced decrees (EQC, 2006)
- Guide for district court judges regarding enforcement (Water Court)
- Memo: Water Distribution Issues (Water Court Adjudication Advisory Committee)
- Legal authorities related to water rights in Montana (LEPO staff)

Agenda
Staff memo to committee (re: January meeting)
Minutes Log, January 11
Minutes Log, January 12
FWP instream leasing report
U.S. Forest Service water reservations
- Summary of instream flow water right applications (DNRC)
- List of USFS instream flow water rights
Program evaluation: Water Quality Planning Bureau
Study of water availability and supply
- Water marketing, water banking
  - Staff memo to committee: Mitigation banking
  - Change in appropriation right for aquifer recharge or mitigation -- marketing (85-2-420, MCA)
  - Grass Valley French Ditch water bank press release (March 29, 2015)
- Exempt wells
  - DNRC form 602: Request to reduce a groundwater certificate
- Case studies on water availability
- Staff memo to committee: Summary of case studies
- Case studies
SJ2: State assumption of federal Section 404 permitting program
- 404 assumption in selected states
- Clean Water Act Section 404 Program Assumption: A Handbook for States and Tribes (Association of State Wetland Managers, Inc., and the Environmental Council of the States, 2011)
- Oregon's experience
  - Senate Bill 172 (Oregon Legislative Assembly, 2001)
  - Oregon 404 assumption flowchart
  - Montana's listed and endangered species (US Fish and Wildlife Service, 2015)
Water rights adjudication report
Process update: Adjudication of Turtle Mountain Band allotment water rights
Future of the Water Court study
- Water Rights in Montana: How Our Legal System Works today, How Montana Compares to Other States, and Ideas for Montana's Future (Land Use & Natural Resources Clinic, University of Montana School of Law, 2014)
- Summary of comments from Adjudication Advisory Committee
- Adjudication Advisory Committee comments
- St. Lawrence memo to committee (Sept. 3, 2015): Application timelines, enforceability of final decrees, district court admininstration of decrees
- Staff memos to committee:
  - The water right permitting and change process
  - Enforcement of water rights
  - Final decrees of water rights
Agency administrative rule update

Final agenda
Sept. 2 minutes
Sept. 3 minutes
Memo to committee
Final WPIC work plan (as updated and approved Sept. 3, 2015)
Adjudication report (DNRC, Water Court)
A short history of the Water Court
Discussion of USFS compact
- Sen. Connell white paper
- USFS compact
Water supply/fire update
- U.S. drought monitor - Montana (USDA)
- September fire potential map (National Interagency Coordination Center)
Program evaluation
- Water Protection Bureau (DEQ)
SJ2: Study of state assumption of federal section 404 permitting program
- Overview of section 404 program
- Definition of "waters of the U.S."
Consideration of letter of support for Land and Water Conservation Fund
- S.338 (To permanently reauthorize the Land and Water Conservation Fund)
- Letter from Gov. Bullock supporting S.338
Study of water availability and supply
- Update on legal status of exempt wells
  - Sherlock opinion on Clark Fork Coalition v. DNRC
  - DNRC guidance on Sherlock opinion
Memo regarding proposed administrative rule change

Agenda
June 1 minutes
June 2 minutes
Memo to committee regarding upcoming WPIC meeting
Draft WPIC rules
2015 natural resource legislation
History of WPIC presiding officers
Draft WPIC work plan
SB82: Expanding WPIC duties
SB82: Organizational charts (indicating committee oversight)
SJ2: Study of federal Section 404 permits
Program list for possible program evaluation
Work plan decision matrix
Memo regarding HB142 review of statutory reports, advisory councils
Memo regarding administrative rule review
May 2015 water supply report
Water rights adjudication report (June 2015)
Montana Bureau of Mines and Geology biennial report
Ground Water Assessment Program fact sheet
Ground Water Investigation Program fact sheet

The WPIC will begin to develop draft legislation based on its findings in the fall before the 2017 Legislative Session. The committee's legislative proposals will be listed here at that time.

Draft legislation for 2017 session

LCwp01: Clarify water commissioner appointments
LCwp02: Require education program for water commissioners
LCwp03: Clarify definition of water right change
LCwp08: Statutory appropriation for GWIP
LCwp11: Clarify process for updating water right transfer
LCwp4b: Limit adverse effects analysis
LCwp82: Establish Surface Water Assessment and Monitoring Program
LCwp06: Allow Water Court review of certain DNRC decisions
LCwp81: Direct DEQ assumption of dredge and fill permittings

Montana State Legislature

About the Water Policy Interim Committee

Water Policy Interim Committee - Topics of interest