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EQC hears water policy update as committee weighs exempt wells, Idaho model and pending litigation
Summary
The council heard the Water Policy Interim Committee report on exempt groundwater wells, Idaho's 2025 experience, and ongoing litigation affecting Montana landowners; staff signaled possible draft policy options in March and possible draft bills by May.
The Environmental Quality Council received a substantive update Jan. 13 on exempt groundwater wells and related water-storage and reuse studies, with staff signaling active work toward draft policies ahead of the 2027 legislative session.
"Yesterday the Water Policy Committee devoted its morning to exempt wells," Toni Henneman, deputy research director and WIPAC staff, told the council. She said Idaho's 2025 law (S.B. 1083) — which used mapped moratorium/closed areas along with incentive mechanisms and monitoring — was discussed as a close comparison to Montana's earlier SB 358 proposals. Henneman said WIPAC hopes to have some policy ideas by March and possibly draft legislation by May so the public can weigh in during May and July.
Committee members underscored legal and timing concerns. Senator Curti and others noted ongoing litigation and the risk that a standalone legislative fix could be vulnerable to judicial reversal if it conflicts with senior water rights. "Judge McMahon stepped in and said... it violates senior water rights," Senator Curti said, summarizing a judicial intervention that led DNRC to change permitting practice and left some landowners in limbo.
Members asked for materials from Idaho and for follow-up on whether senior water-right holders were included in testimony; Henneman said Idaho witnesses and documents were provided to the committee and that testimony included senior-rights perspectives. Staff also reported on related studies: HJ 44 (endocrine disruptors/PFAS), H.D. 74 (water reuse and storage) and a Bureau of Mines and Geology aquifer recharge study. Henneman said the committee is tracking federal funding developments that could affect state programs.
No formal council action was taken; members asked staff to continue outreach and to return with the Idaho materials and options for statutory language and implementation risk assessments.
