MontanaMontana proposal would count related wells and limit some permit-free groundwater use
The proposal would count some related wells together and tie yearly limits for certain groundwater uses without a permit to parcel size.
What it does
Separate wells or springs drawing from the same aquifer could count together if the department finds one appropriation could have served their purpose.
The proposal ties yearly water limits for some permit-free wells to parcel size; combined withdrawals above the applicable limit would need a permit.
Argument forCounting related wells together could prevent a project from avoiding permit limits by building wells in stages or keeping them separate.
Argument againstParcel-based limits could require some people to get permits for water they now take without one, even when their wells pump at modest rates.
More detail
The proposal would define when groundwater from multiple wells or springs counts as one combined appropriation. The definition can cover separate wells or springs for one project, including wells developed at different times. The wells or springs must draw from the same source aquifer, and the department must judge that one appropriation could have served their purpose. No start date is stated; the definition would apply when determining the amount appropriated for the entire project or development.
The proposal would use parcel size to set annual groundwater limits for some permit exceptions. These exceptions cover wells or developed springs pumping no more than 35 gallons a minute outside stream depletion zones, or 20 gallons a minute within them. The exception applies outside controlled groundwater areas. A combined appropriation above the applicable limit would require a permit. The amendment text displays both 10 and 2 acre-feet alongside the parcel-based limits, so the exact thresholds cannot be confirmed. No start date is stated; the limits would apply when someone uses these permit exceptions.
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Where it stands
- Introduced
- Died
Looking ahead
No hearings or votes scheduled.
History
- 2025
- May 23(H) Died in CommitteeDied
- Apr 16(H) Tabled in Committee - (H) Natural ResourcesMinor
- Vote recorded to_table. Result: pass.Lower
- Mar 21(H) Hearing - (H) Natural Resources
- Mar 20(H) Hearing Canceled - (H) Natural Resources
- Mar 19(H) Hearing - (H) Natural Resources
- Mar 17(H) 1st Reading
- Mar 17(H) Referred to Committee - (H) Natural ResourcesMinor
- Mar 7(S) Transmitted to House
- Vote recorded Do Pass. Result: pass.Upper
- Mar 7(S) 3rd Reading
- Mar 7(S) Scheduled for 3rd ReadingMinor
- Mar 5(S) 2nd ReadingMinor
- Vote recorded Do Pass As Amended. Result: pass.Upper
- Vote recorded AMD-SB0436.001.001 Galt D/PASS. Result: pass.Upper
- Mar 5(S) 2nd Reading Motion to AmendMinor
- Mar 5(S) Scheduled for 2nd ReadingMinor
- Mar 4(S) Committee Report - (S) Natural Resources
- Vote recorded do_pass. Result: pass.Upper
- Mar 4(S) Committee Executive Action - (S) Natural Resources
- Feb 28(S) Hearing - (S) Natural Resources
- Feb 25(S) Referred to Committee - (S) Natural ResourcesMinor
- Feb 24(S) 1st Reading
- Feb 24(S) Introduced
- Feb 24(LC) Draft Delivered to Requester
- Feb 23(LC) Draft Ready for Delivery
- Feb 23(LC) Draft in Assembly
- Feb 22(LC) Draft in Final Drafter Review
- Feb 22(LC) Draft in Input/Proofing
- Feb 19(LC) Draft in Edit
- Feb 18(LC) Draft in Legal Review
- Jan 14(LC) Draft Taken Off Hold
- Jan 10(LC) Draft On Hold
- 2024
- Dec 28(LC) Drafter AssignedIntroduced
Environment & EnergyAgriculture