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Bill to coordinate water‑use reviews and subdivision planning advances after stakeholder work
Summary
HB 681 would require notice‑of‑intent for exempt wells and let DNRC water information be used during subdivision review. Proponents said it reduces uncertainty for developers and gives counties technical water analysis earlier; opponents sought changes to timeframes for notices.
Representative John Fitzpatrick told the Local Government Committee that House Bill 681 is a coordination bill intended to align the Montana Subdivision and Planning Act, the Sanitation and Subdivision Act (DEQ) and the Water Use Act (DNRC). The core change is replacing a post‑drilling notice of completion with a pre‑drilling notice of intent for many exempt wells, so water‑availability information can appear in preliminary plat review.
Anna Pakenham Stevenson of the DNRC said the notice‑of‑intent provides certainty for exempt well applicants and allows local governments to rely on DNRC water‑supply analysis during preliminary plat review. She described scenarios where a developer who drills first and applies later finds the exception is not available for all lots; moving the analysis earlier reduces that risk. “It takes that notice of completion, does the evaluation and analysis on the front end so you have that information going into the process,” she said.
Proponents included DEQ, MAKO, Trout Unlimited and county commissioners who said the change lets counties assess water before making subdivision decisions. Opponents — builders and the Montana Water Well Drillers Association — asked for changes to the bill’s time limits on how long a notice of intent would remain effective. Stakeholders said they were working on an amendment, and sponsors indicated they expected to bring one forward addressing the five‑ or ten‑year timeframe under discussion.
The committee heard both technical and policy arguments and did not adopt a final agreement in hearing; sponsors said an amendment was expected before final floor consideration.
