Water Policy

ANNOUNCEMENTS

The WPIC has issued the following final reports:

A Right to Stream Conditions as They Existed: A Study of the Process for Changing a Water Right (also see the web-based summary report here)
The Exemption at 45: A Study of Groundwater Wells Exempt from Permitting

The committee approved 8 bills for preintroduction and authorized 8 agency bills for preintroduction.

Agenda
Minutes
Memo to committee
Quarterly adjudication report
- DNRC
- Water Court
Staff program evaluation: Water Quality Division (DEQ)
EPA overview of water Issues in Montana
- Background on drinking water standards in Safe Drinking Water Act
- Summary of Clean Water Act
Agency legislative proposals
- DEQ
- DNRC
- FWP
Public comments on committee reports and legislation
- Change process
- Exempt wells
  - Vigeland
- General comments
  - DNRC
  - Clark Fork Coalition
  - WGM Group
  - DNRC on river basin council bill (LCw010)
Committee reports
- Study of the process of changing a water right
- Study of exempt groundwater wells
Proposed committee legislation
- LCw001 -- Define a "supplemental notice" within MAPA
- LCw002 -- Revise certain water right adjudication processes
- LCw003 -- Extend the deadline to correct an application for a permit or a change of water right
- Clarify that legal availability analysis does not determine adverse effects as a criteria in a water rights change application
  - LCw04a
  - LCw04b
  - LCw04c
- LCw005 -- Clarify the criteria for a water right permit relying on a waiver of adverse effect
- LCw006 -- Study Montana's stream gauge network
- LCw008 -- Maintain stream gauge network
- LCw009 -- Revise laws related to distribution lists
- LCw010 -- Revise laws related to river basin councils
Administrative matters
- Administrative rule review

Draft agenda
Meeting Minutes July 16, 2018
Meeting Minutes July 17, 2018
Drought and water supply update:
- U.S. drought monitor-Montana (as of June 26, 2018)
- U.S. drought monitor-West (as of June 26, 2018)
Best management practices (BMPs) in streamside management zones (SMZs):
- Forestry Best management practices 2016 monitoring report--executive summary (DNRC)
- Standing the test of time: EQC voluntary forest management solution nears 30-year mark (Oct. 2016, LEPO)
Program evaluation: Small water and sewer utility regulation in Montana(March 2018, ETIC)
Department of Environmental Quality reports on water quality:
Article regarding revision the Columbia River Treaty between the United States and Canada (April 2018, Northwest Power and Conservation Council)
Water Pollution Control Advisory Council report to WPIC (July 2018)
A Right to Stream Conditions as They Existed: A study of the process for changing a water right--draft (LEPO)
The Exemption at 45: A study of groundwater wells exempt from permitting--draft (LEPO)
Proposed committee legislation:
- Define a "supplemental notice" within the Montana Administrative Procedures Act (LCw001)
- Revise certain water right ajducation processes, such as motion to amend a water right claim, final decree requirements for reserved water rights, and appeal deadlines to the Montana Water Court (LCw002)
- Allow an extended response deadline for a water right permit of change application (LCw003)
- Clarify that legal availability analysis does not determine adverse effects as criteria in a water rights change application (LCw004)
- Clarify that a water right permit or a water right change application relying on a waiver of adverse effect does not require a legal availability determination (LCw005)
- Study Montana's stream gauge network (LCw006)
- Allow the DNRC to compile a distribution list of water rights holders from FWP (LCw007)
Other proposals for legislation:
- Discussion of Walton water rights
  - Montana Water Court decision in Scott Ranch, LLC case
  - Montana Supreme Court decision in Scott Ranch, LLC case
- Proposal from Flathead Basin Commission
Administrative matters:
- Administrative rule review report (Legal Services Office)
- Draft WPIC letter to Department of the Interior, Congress

Agenda
Meeting Minutes May 21, 2018
Meeting Minutes May 22, 2018
Water rights adjudication
- DNRC report for May 2018
- Water Court report for May 2018
WPIC study of the process for changing a water right
- Panel discussion materials
- Overview of change process (excerpt from "Water Rights in Montana")
- Changing Changes: A Road Map for Montana's Water Management (Water Law Review, University of Denver (2010))
- Analysis of the roles "legal availability" and "adverse effects" in water rights changes and permitting (Patrick Byorth, 2018)
Draft committee findings and conclusions
Proposed legislation from Water Court Adjudication Advisory Committee
Drought and water supply update
- U.S. Drought Monitor for May 1, 2018
- U.S. Seasonal Drought Outlook (April 19, 2018)
WPIC study of groundwater wells exempt from permitting
- Overview of Ground Water Investigation Program (Montana Bureau of Mines and Geology)
- Draft committee findings and conclusions
Montana Climate Assessment executive summary
Stream gauges: Who pays for them, who uses them
- How does a U.S. Geological Survey streamgauge work? (USGS)
Overview of Natural Resources Conservation Service
WPIC staff administrative rule review report for May 2018

Agenda
Meeting Minutes
Staff memo to committee (Feb. 21, 2018)
Study of exempt ground water wells
- 10-year DNRC exemption/permit statistics
- Memo to committee: Application of groundwater policy principles to other legislative proposals (Clark Fork Coalition)
Montana forests: Issues of climate and law
- Executive summary from Montana Climate Assessment (Insitute on Ecosystems)
Executive summary from biennial report of Renewable Resource Grant and Loan Program (DNRC)
WPIC letter to Northwest Power and Conservation Council (Oct. 10, 2017)
Study of the process of changing a water right
- House Bill 40 (2009): An act revising the water permit and change in appropriation right process
Staff program evaluation: Water Resources Division of the DNRC

Agenda
Meeting Minutes
Legal Services Office memo to WPIC

Agenda
Jan. 8 minutes
Jan. 9 minutes
Staff memo to committee
Prohibition against sharing a distribution list under 2-6-1017, MCA (DNRC)
Quarterly water right adjudication update (DNRC, Water Court)
DNRC report on USFS water reservations (85-20-1401, MCA)
Memo from Clark Fork and Kootenai River Basins Council
Biennial progress report - FWP water leasing study (FWP)
Letter to committee re: post-fire response (U.S. Forest Service)
Nutrient pollution in the Lake Helena Watershed (DEQ)
- Analysis of SB325 applicability in Butte-area watershed (DEQ)
MAR Notice No. 17-395: Variance from standard for water body conditions (DEQ)
Permit, exception, and water right predetermination data, 2010-2017 (DNRC)
Exempt well legislative proposal (Trout Unlimited)
Effect of controlled ground water areas and stream depletion zones on exempt wells (Legal Services Office)
Legislative administrative rule review -- committee objection update (Legal Services Office)
Comparison of change of water right process in 6 states (LEPO)

- Feb. 1 WPIC letter to Board of Environmental Review, re: proposed SB325 (2015) administrative rules

Draft agenda
Staff memo to committee
Oct. 9 minutes
Oct. 10 minutes
Water right adjudication update (DNRC, Water Court)
Improvements to Montana's water quality
- Estimated total Nitrogen in Lake Helena watershed (City of Helena)
Implementation of SB325 (2015)
Aquatic Invasive Species update (FWP)
Draft WPIC letter to Bonneville Power Administration re: AIS funding
Drought, water supply, and wildfire outlook
- Sept. 19, 2017 drought monitor (U.S. Department of Agriculture)
Study of exempt groundwater wells
- Proposed DNRC rules on combined appropriation
- Legal Services Office rule review report
- DNRC memo on proposed administrative rules
- House Bill 339 (2017)
Update on Congressional renewal of National Flood Insurance Program (DNRC)
Study of water rights change process
- History of DNRC change process (DNRC)
Follow-up on 2015-16 WPIC report
- Considerations for the future of water rights (WPIC)
2017-18 WPIC work plan
- Draft work plan (as approved Aug. 1, 2017)
Committee budget issues
- Legislative Services Division memo to WPIC

Draft agenda
Meeting Minutes July 31, 2017
Meeting Minutes August 1, 2017, 2017
Memo to committee
Agenda
July 31 Minutes
August 1 Minutes
Draft committee rules
2017 natural resources legislation
Draft WPIC work plan
WPIC work plan decision matrix
Committee oversight of water-related agencies:
July 31 WPIC field trip agenda
Water adjudication report (Water Court, DNRC)

The video/audio meeting archives are still under development. However, meeting recordings are available using the interface below.

A Guide to Using the Archives

Past/Current Recordings

The Water Policy Interim Committee (WPIC) is a joint bipartisan committee of the Legislature created by the passage of Senate Bill No. 22 (2009). The Legislature expanded the committee's authority through Senate Bill No. 82 (2015), which gives the committee oversight of agencies involved in water quality and water quantity.