Montana lawmakers debate phasing out Water Court, proponents tout local control while judges warn of practical gaps

Senator Barry Usher opened the Senate Judiciary Committee hearing on Senate Bill 186 by framing the measure as a return to the original intent behind Montana's water‑rights adjudication: "Montana's Water Court was established in 1979 as a temporary institution... This bill fulfills that intent and promise because it provides for the systematic phase out of the water court as it completes its work basin by basin." Usher said the bill would transfer enforcement, administration and post‑decree litigation back to the district courts once final decrees are issued for each basin.

Proponents at the hearing — including irrigators, ranchers, water commissioners and the Senior Ag Water Rights Alliance — argued the district courts and local water commissioners better reflect local knowledge and accountability. Ross Salmond, a fifth‑generation rancher and El Dorado Cooperative Canal Company president, urged the committee to…