Montana Legislature approves HB 580 clarifying water appropriation rights during droughts

On April 18, 2025, the Montana Legislature introduced House Bill 580, a significant piece of legislation aimed at addressing water rights and usage during periods of drought. The bill seeks to clarify the conditions under which water rights may be deemed abandoned, particularly in the context of reduced usage due to drought conditions.

The primary purpose of House Bill 580 is to protect water rights holders from losing their rights when they are compelled to reduce or cease water usage in response to drought. Specifically, the bill stipulates that if an appropriator reduces their water use during a drought classified as D1 (moderate drought) or worse, this reduction will not automatically be interpreted as an intent to abandon their water rights. This provision is crucial for ensuring that water rights holders can comply with local, regional, or state drought plans without risking their legal entitlements.

Key provisions of the bill include requirements for water rights holders to file a report with the state Department of Natural Resources and Conservation by December 30 of the year in which they reduced or ceased water usage. Additionally, the bill clarifies that leasing an existing water right or making temporary changes to an appropriation does not constitute abandonment.

The introduction of House Bill 580 has sparked notable discussions among lawmakers and stakeholders. Proponents argue that the bill is essential for protecting agricultural interests and ensuring sustainable water management in the face of increasing drought conditions exacerbated by climate change. Critics, however, express concerns about the potential for misuse of the provisions, fearing that it may lead to over-extraction of water resources in non-drought years.

The economic implications of this bill are significant, particularly for Montana's agricultural sector, which relies heavily on consistent water access. By safeguarding water rights during droughts, the bill aims to provide stability for farmers and ranchers, potentially mitigating the economic impacts of water shortages.

As the legislative process unfolds, experts suggest that House Bill 580 could set a precedent for how states manage water rights in the context of climate variability. The bill's fate will depend on ongoing debates and potential amendments as it moves through the legislative chambers. If passed, it may reshape the landscape of water rights management in Montana, reflecting a growing recognition of the challenges posed by drought and the need for adaptive legal frameworks.