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Committee hears bill to reinstate "waiver of adverse effect" for water-right applications
Summary
Senate Bill 190 would reinstate a voluntary waiver option for water-right permit and change applicants, allowing holders to remove their rights from adverse-effect review; DNRC and a broad set of water users supported the bill in committee.
Senate Bill 190 would reinstate a voluntary waiver of adverse effect for water-right permit and change applications, restoring language that previously expired on Sept. 30, 2023, supporters told the Senate Natural Resources Committee.
Senator Derek Harvey, sponsor of Senate Bill 190, said the provision formerly allowed a water-right holder to "review and voluntarily submit a waiver of adverse effect" so that the water-right would not be considered in DNRC's adverse-effect assessment for a new permit or change application. Nate Ward, bureau chief of the Water Rights Bureau at the DNRC, described the bill as a product of the Comprehensive Water Stakeholder Working Group and said the group "voted unanimously to reinstate this provision because it can simplify the water rights permitting process in certain situations." He emphasized that DNRC still must complete legal availability analyses: "This bill does not relieve DNRC of its statutory responsibility to evaluate legal availability on permit applications."
Supporters from agriculture, industry and conservation organizations testified in favor. Clayton Elliott and Mark Taylor (representing development interests), Nicole Rolfe of the Montana Farm Bureau Federation, Mike Murphy of the Montana Water Resources Association and Andrew Gorder of the Clark Fork Coalition each described the waiver as a voluntary tool that can speed permitting and provide flexibility. Brian Thompson of the Senior Water Rights Coalition and Jocelyn Cahill of the Senior Ag Water Rights Alliance said they supported the bill after review of the final language.
Proponents framed the waiver as a narrowly targeted, voluntary measure that avoids altering DNRC's legal duties or protections for senior rights. Nate Ward summarized the effect: when a waiver is filed, "the applicant's adverse effect plan does not have to include rights for which a waiver of adverse effect has been provided," and DNRC will not evaluate those waived rights for adverse effects, but will still do required legal availability work.
Bill supporters asked for a "do pass." No opponents spoke during the provided transcript. The hearing record in the transcript ends with the sponsor thanking supporters and recommending the bill.
No committee vote or recorded amendments appear in the transcript excerpt.
