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SB 190

Allow water right holders to consent to waive adverse effects analysis in permit or change applications

2025 Regular Session Introduced by Derek Harvey

Allows water right holders to voluntarily skip adverse effects analysis in applications if all parties consent, expediting permits but potentially reducing environmental oversight.

Chapter Number Assigned
#water
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Bill Summary · SB 190

Legislative bill overview

SB 190 allows water right holders to voluntarily waive the requirement for adverse effects analysis in their permit or change applications. This streamlines the application process by permitting applicants to skip the environmental review step if they choose to do so, with written consent from affected parties.

Why is this important

Water rights are economically and environmentally critical in Montana, particularly in agriculture and development. This bill potentially accelerates project approvals but may reduce environmental scrutiny of water use changes that could affect stream flows, aquifer levels, or downstream users.

Potential points of contention

  • Environmental oversight reduction: Waiving adverse effects analysis could allow water diversions or transfers without full environmental impact assessment, potentially harming fisheries, ecosystems, or junior water users
  • Consent validity concerns: Questions about whether voluntary waivers are truly informed, whether all affected parties can meaningfully consent, and whether downstream or non-adjacent stakeholders are adequately protected
  • Precedent for deregulation: Critics may view this as setting a template for weakening environmental protections in water management, while supporters see it as reducing regulatory burden for cooperative applicants

Compiled from official sources — confirm details with the bill’s official record.

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