Water Policy Interim Committee

Water Committee Finishes Exempt Well Study, oks 8 Bills

Committee: Water Policy Interim Committee
Author: Jason Mohr
Posted on October 29, 2018


Montana State Capitol

The 2019 Legislature will hear three bills on the water rights change process, after final action by a Montana legislative interim committee last month.

In all, the Water Policy Interim Committee approved eight bills for preintroduction to the next session. The committee also finalized reports and advanced eight other bills from two state agencies to the 2019 session.

The committee reports conclude work on the change of water right process and exempt groundwater wells. The exempt well report, The Exemption at 45, comes after a 2016 Supreme Court ruling effectively limited use of groundwater wells. The court ruled that new developments may have to share appropriations of 10 acre-feet a year between lots; previous Department of Natural Resources and Conservation rules allowed an exempt well for nearly every newly created subdivision lot.

The study concluded that “it is difficult to determine the impact of the 2016 Supreme Court ruling on the frequency of use of the exemption,” and that the ruling “may alter development patterns.”

While the exempt well study did not result in committee legislation, a report on the change of water right process produced three bills. The change report, A Right to Stream Conditions as They Existed, concluded

Generally, applicants want the change application process to be as easy as possible, while objectors to a change application want it to be as difficult as possible. But for all water users, a fair process is necessary.


Legislation approved by the interim committee is “preintroduced,” meaning these bills will likely get early committee hearings in the 2019 Legislature. The WPIC’s list of preintroduced legislation is:

  • LC431—Revising supplemental notice in the Montana Administrative Procedures Act
  • LC432—Revise certain water right adjudication processes
  • LC433—Extend deadline to correct an application for water right permit or change
  • LC434—Clarify criteria for water rights change application
  • LC435—Clarify criteria for water right permit relying on waiver of adverse effect
  • LC436—Create stream gauge oversight work group
  • LC437—Revise laws related to distribution lists
  • LC438—Revise laws related to river basin councils

Agency bills approved for preintoduction are:

Department of Environmental Quality

  • LC439—Create grant program to remove lead from school water supplies
  • LC440—Consolidate water quality variance laws

Department of Natural Resources and Conservation

  • LC442—Amend process to appoint water mediator
  • LC443—Amend method for measuring water for aquifer recharge or mitigation
  • LC444—Amend hearing process for change of water right application
  • LC445—Amending definitions for surface water and ground water laws
  • LC446—Repeal water reservation process in Missouri, Little Missouri rivers
  • LC447—Revise report requirement from drought and water supply advisory committee

Next Meeting

The committee will meet again in 2019 after the appointment of new members.
For more information on the committee’s activities, please visit the committee’s website or contact Jason Mohr, committee staff.

WPIC was led by Sen. Pat Connell (R-Hamilton), presiding officer, and Rep. Zach Brown (D-Bozeman), vice presiding officer. Other members are Sens. Jill Cohenour (D-East Helena), Jon Sesso (D-Butte), and Jeffrey Welborn (R-Dillon); and Reps. Bob Brown (R-Thompson Falls), John Fleming (D-St. Ignatius), and Carl Glimm (R-Kila).

Committee Website:  www.leg.mt.gov/water
Committee Staff:  jasonmohr@mt.gov or 406-444-1640