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Committee adopts multiple amendments to SB 358, a water-monitoring and exempt-well bill; final committee vote 9-2
Summary
Senate Bill 358 was amended several times in committee to change monitoring-area rules, reporting requirements and filing timelines for exempt wells. The panel adopted a package of amendments and approved the bill 9-2 after extensive debate over water limits and implementation details.
Senate Bill 358, a multipart bill addressing monitoring areas, exempt-well filing deadlines and related reporting, advanced from the Senate Natural Resources Committee after several amendments and detailed debate over water limits and enforcement.
The committee considered at least a dozen amendments addressing county designations (red/yellow status), maximum acre-feet allocations per lot in monitoring areas, reporting lines to interim legislative committees, and a compliance-assistance and grace-period proposal for 60-2 filings. Sponsors and opponents repeatedly described the bill as a product of working-group negotiations with some provisions the work group did not reach consensus on.
Why it matters: SB 358 modifies how the state monitors new water use in areas where groundwater resources are at risk, changing allowable volumes in some monitoring areas and requiring additional reporting and monitoring. The bill also contains transition measures to allow exempt wells time to comply with updated reporting and registration requirements.
Key amendments and debate
- County designation amendment: An amendment moved by Representative Nelson (listed as Representative Nelson in the transcript) moved Ravalli County from a red to a yellow monitoring status; the amendment passed on a voice vote with proxies recorded.
- Quality vs. quantity: One amendment removed the water-quality component from the bill so it would focus strictly on quantity; a committee member said it “clears out the DEQ so that there's no water quality part of it.” The voice vote to adopt that change passed.
- Acre-feet caps in monitoring areas: An amendment reduced the per-lot allocation in yellow monitoring areas from 1 acre-foot to 0.75 acre-foot, lowering the total acre-feet available per subdivision in affected zones; proponents said this protects senior and junior water rights by limiting the amount new subdivisions can appropriate. That amendment passed on roll-call vote with a 6-5 tally in committee.
- Compliance assistance and filing window: Another amendment created a compliance-assistance measure and a two-year filing window for certain exempt wells, with DNRC (Department of Natural Resources and Conservation) notifying out-of-compliance wells by the end of 2026 and providing a two-year period for filing. Committee discussion noted the working group had not reached consensus on this and that the measure was intended to be refined in the House.
Committee outcome
After the package of amendments and some items the committee elected to leave for the House to address, the committee voted to recommend a do-pass on SB 358 as amended. The recorded committee roll-call on the final bill was 9 voting yes and 2 voting no.
Notable quotes
- Senator Gillespie, introducing an amendment to reduce acre-foot allowances: “This is a reasonable consideration to lower the amount of water a subdivision is used to protect the resource and the senior and junior water rights that could be affected by the new wells.”
- Senator Flowers, opposed to narrowing the state’s environmental right: “I think this bill's fundamentally flawed... I’m gonna vote no on this.”
Ending
SB 358 leaves committee with several amendments adopted. Sponsors said the bill represents a compromise that will continue to be fleshed out in the House; the committee’s 9-2 endorsement means the measure will move forward for more consideration and floor debate.
