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Senate Judiciary hears wide testimony on bill to move post‑adjudication water cases from Montana Water Court to district courts

Senate Judiciary Committee
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Summary

Supporters told the Senate Judiciary Committee Senate Bill 186 would restore local control and reduce redundancy by returning enforcement and post‑decree water litigation to district courts once basins receive final decrees. Opponents warned the bill’s drafting risks clerical chaos, venue conflicts across judicial districts, and loss of centralized Water Court services.

Senator Barry Usher introduced Senate Bill 186, telling the Senate Judiciary Committee the measure would “transition jurisdiction over water rights enforcement, administration and any post‑decree litigation back to the district courts” as final decrees are issued for Montana’s basins. Usher said the bill honors the original, temporary intent behind the Water Court and aims to “reduce unnecessary government structure” while preserving tools such as pro tempore judges and special masters for complex matters.

Proponents — a coalition of ranchers, ditch companies and water‑rights stakeholders — repeatedly urged the committee to support SB186. Ross Salmond, president and ditch rider for the El Dorado Cooperative Canal Company, said the bill “ensures local control by an elected district court judge” and that “it is a much better option than a centralized, division court with appointed judges.” Water…

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