SB 190 Montana Senate · 2025 Regular Session

Allow water right holders to consent to waive adverse effects analysis in permit or change applications

SB 190 allows individuals or entities applying for new water use permits or changes to existing water rights to streamline their application process. This is achieved by enabling existing water right holders to voluntarily provide written consent. If consent is given, the applicant is no longer required to prove that their proposed water use will not negatively affect the specific consenting water rights. This change aims to simplify the permit approval process under certain conditions.
Bill status signed all 5 stages cleared
Introduction
Jan 2025
Committee Review
Mar 2025
Senate Passage
Apr 2025
House Passage
Apr 2025
Signed into Law
Apr 2025
Introduced Jan 21, 2025 Signed Apr 18, 2025
Maddy AI version diff · 4 comparisons

What changed between versions

SB0190_1(6).pdf SB0190_X.pdf · 3 edits
MINOR
This bill amends Montana's water rights permitting process to allow water right holders to consent to waive the adverse effects analysis that is normally required when new water permits are issued. The changes streamline the permitting process by letting existing water right holders voluntarily agree to forgo certain legal protections that would otherwise be evaluated during permit applications. This affects how water rights are managed and approved in the state.
Scope change
The bill modifies the scope of water right permitting procedures by introducing a mechanism for written consent that waives specific legal analysis requirements, particularly for adverse effects on prior water rights.
REQUIREMENT

Added provision allowing water right holders to provide written consent to waive the adverse effects analysis that is normally required in water right permit or change applications.

Amended Section 85-2-311 of the Montana Code Annotated to incorporate the new consent mechanism into the criteria for issuing water permits.

Modified the adverse effects determination process to allow applicants to avoid proving lack of adverse effect for water rights identified in written consent to approval.

Floor votes · Senate Feb 14, 2025 · House Mar 28, 2025

How they voted

500
Passed
Total votes 50
Feb 14, 2025
D Democratic18
18 Yea
100% Yea
R Republican32
32 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
42
Key actions
9
Committee
6
Apr 17, 2025
Signed into law
(S) Signed by Governor
upper
Apr 8, 2025
Lower · Passed
(H) Signed by Speaker
lower
Apr 2, 2025
Upper · Passed
(S) Signed by President
upper
Mar 28, 2025
House · Passed
House Vote: pass (95-4-1)
house
Mar 24, 2025
Lower · Passed
(H) Committee Report - (H) Natural Resources
lower
Mar 21, 2025
Lower · Passed
(H) Committee Executive Action - (H) Natural Resources
lower
Feb 17, 2025
Committee
(H) Referred to Committee - (H) Natural Resources
lower
Feb 14, 2025
Senate · Passed
Senate Vote: pass (50-0)
senate
Feb 11, 2025
Upper · Passed
(S) Committee Report - (S) Natural Resources
upper
Feb 10, 2025
Upper · Passed
(S) Committee Executive Action - (S) Natural Resources
upper
Jan 22, 2025
Committee
(S) Referred to Committee - (S) Natural Resources
upper
Jan 21, 2025
Introduced
(S) Introduced
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Derek Harvey
Derek Harvey
DDemocratic
MT
37