Clarify water right abandonment

- 2025
69th Legislature 2025 HB 580
- 1 - Authorized Print Version – HB 580
ENROLLED BILL
AN ACT CLARIFYING WATER RIGHT ABANDONMENT LAWS TO ADDRESS A REDUCTION IN USE OR
THE NONUSE OF AN APPROPRIATION RIGHT DURING PERIODS OF DROUGHT; PROVIDING
RULEMAKING AUTHORITY; AND AMENDING SECTION 85-2-404, MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 85-2-404, MCA, is amended to read:
"85-2-404. Abandonment of appropriation right. (1) If an appropriator ceases to use all or a part of
an appropriation right with the intention of wholly or partially abandoning the right or if the appropriator ceases
using the appropriation right according to its terms and conditions with the intention of not complying with those
terms and conditions, the appropriation right is, to that extent, considered abandoned and must immediately
expire.
(2) If an appropriator ceases to use all or part of an appropriation right or ceases using the
appropriation right according to its terms and conditions for a period of 10 successive years and there was
water available for use, there is a prima facie presumption that the appropriator has abandoned the right for the
part not used.
(3) If an appropriator ceases to use all or part of an appropriation right in compliance with a
candidate conservation agreement initiated pursuant to 50 CFR 17.32 or because the land to which the water is
applied to a beneficial use is contracted under a state or federal conservation set-aside program:
(a) the set-aside and resulting reduction in use of the appropriation right does not represent an
intent by the appropriator to wholly or partially abandon the appropriation right or to not comply with the terms
and conditions attached to the right; and
(b) the period of nonuse that occurs for part or all of the appropriation right as a result of the
contract may not create or may not be added to any previous period of nonuse to create a prima facie
- 2025
69th Legislature 2025 HB 580
- 2 - Authorized Print Version – HB 580
ENROLLED BILL
presumption of abandonment.
(4) (a) If an appropriator ceases to use all or part of an appropriation right during a drought, the
reduction in use or the nonuse of the appropriation right does not by itself represent an intent by the
appropriator to wholly or partially abandon the appropriation right or to not comply with the terms and conditions
attached to the appropriation right if:
(i) the place of diversion or use is within a county experiencing D1 moderate drought or worse, as
designated by the United States drought monitor; and
(ii) the reduction in use or the nonuse is made in compliance with a local, regional, or state
drought plan filed with the department that identifies a metric or criterion that compels the voluntary reduction or
cessation of water diversions in a geographic area or for water rights included in the drought plan.
(b) The owner of a water right who reduces or ceases all or part of the use of the water right in
accordance with this subsection (4) shall file a report on a form prescribed by the department by December 30
of the year in which the water right use was reduced or ceased.
(4)(5) The lease of an existing right pursuant to 85-2-436 or a temporary change in appropriation right
pursuant to 85-2-407 or 85-2-408 does not constitute an abandonment or serve as evidence that could be used
to establish an abandonment of any part of the right.
(5)(6) Subsections (1) and (2) do not apply to existing rights until they have been finally determined in
accordance with part 2 of this chapter."
- END -
I hereby certify that the within bill,
HB 580, originated in the House.
___________________________________________
Chief Clerk of the House
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
HOUSE BILL NO. 580
INTRODUCED BY J. SECKINGER, W. GALT, S. NOVAK, E. ALBUS, D. HARVEY, G. LAMMERS, D. LOGE,
K. WALSH, R. MINER, J. COHENOUR, P. FLOWERS, S. MANESS
AN ACT CLARIFYING WATER RIGHT ABANDONMENT LAWS TO ADDRESS A REDUCTION IN USE OR THE
NONUSE OF AN APPROPRIATION RIGHT DURING PERIODS OF DROUGHT; PROVIDING RULEMAKING
AUTHORITY; AND AMENDING SECTION 85-2-404, MCA.