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Bill to replace 'authorization to degrade' with 'feasibility allowances' draws sharp testimony

Montana House Natural Resources Committee
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Summary

HB 685 would revise Montana's Water Quality Act terminology to 'feasibility allowances.' Industry proponents said the change aligns with federal language and preserves protections; environmental groups warned the draft shifts burdens and omits a clear definition, urging the committee to clarify statutory language.

Rep. Steve Fitzpatrick opened House Bill 685 by saying the measure replaces the phrase "authorization to degrade" with "feasibility allowances" in Montana's Water Quality Act. The sponsor and industry proponents said the change aligns state statute with federal phrasing and that existing protections for outstanding or high‑quality waters would remain.

Matt Vincent (Montana Mining Association) and other industry witnesses said the proposed term mirrors federal practice and would not remove opportunities for public participation or monitoring requirements tied to any…

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