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SB 178MONTANASession 2025State BillSigned into law
Enacted

Montana Authorizes Temporary Water Right Leases and Revises Definitions under SB 178

Original title: Provide for temporary lease of water rights

Last action · May 5, 2025: Chapter Number AssignedSponsor: Sue Vinton

Bill progressHistory & official text ↓
Introduced
Committee
Floor Vote
Passed
Law

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Public stanceCommunity reactions are separate from the official record and reporting.

What This Bill Does

Montana establishes a formal process for the temporary leasing of water s, allowing appropriators to lease water for up to 5 years in any 10-year period without undergoing standard extensive change proceedings. The law sets volume and flow limits, requires metering and department approval, provides an objection process for potentially affected water users, and excludes the Flathead Indian Reservation.

Why it matters

Water rights holders can temporarily lease their water allocations to other users for up to 40 days a year under specific statutory limits, while neighboring appropriators gain a structured mechanism to object and halt leases that threaten their water rights.

Background
  • Montana water rights are administered under the Montana Water Use Act through the Department of Natural Resources and Conservation. context
  • Senate Bill 178 was introduced in the 2025 legislative session by Senator Sue Vinton and passed as a chaptered law. context

Who It Affects

Groups the bill's text affects, as described in the record. Being affected is not a position for or against it.

Directly affected

Water appropriators

Appropriators gain the ability to temporarily lease their water rights under simplified procedures subject to volume and duration caps.

Directly affected

Water lessees

Lessees receive temporary access to water for beneficial uses pursuant to approved department applications.

Directly affected

Department of Natural Resources and Conservation

The department is tasked with evaluating applications, issuing approvals or conditions, handling objections, and reporting annually to the water policy interim committee.

Key Facts

You don't have to trust us. Each fact below is taken straight from the official document - click any one to see the exact passage, highlighted in the original.

Frequently Asked Questions

How long can a water right be leased under this temporary lease provision?
A water right may be leased for a maximum of 5 years during any consecutive 10-year period, and for no more than 40 days in any single year.
Can water be transported outside of Montana using these temporary leases?
No. The section does not apply to changes that result in leased water being transported outside Montana, which remain subject to standard out-of-state use provisions.
What happens if someone files a frivolous objection to a temporary water lease?
A person who purposely and with malicious intent causes the suspension of a temporary lease through an objection found to be invalid and frivolous is guilty of a misdemeanor and may be fined up to $500.
Does a temporary water lease count as abandoning the water right?
No, the statute explicitly states that the temporary lease of an does not constitute an abandonment or serve as evidence of abandonment.

What else do you want to know?

News Coverage

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Where This Stands

Current status: Signed into law.

Procedural history

51 actions
  1. May 5, 2025Senate
    Chapter Number Assigned
  2. May 1, 2025SenateEnrolled
    (S) Signed by Governor
  3. Apr 24, 2025Senate
    (S) Transmitted to Governor
  4. Apr 24, 2025House
    (H) Signed by Speaker
  5. Apr 24, 2025Senate
    (S) Signed by President
  6. Apr 19, 2025Senate
    (S) Returned from Enrolling
Show 45 earlier actions
  1. Apr 17, 2025Senate
    (S) Sent to Enrolling
  2. Apr 17, 2025Senate
    (S) 3rd Reading House Amendments
  3. Apr 17, 2025Senate
    (S) Scheduled for 3rd Reading
  4. Apr 16, 2025Senate
    (S) 2nd Reading House Amendments
  5. Apr 16, 2025Senate
    (S) Scheduled for 2nd Reading
  6. Apr 15, 2025SenateFloor
    (S) 2nd Reading Pass Consideration
  7. Apr 11, 2025House
    (H) Returned to Senate with Amendments
  8. Apr 11, 2025House
    (H) 3rd Reading
  9. Apr 11, 2025House
    (H) Scheduled for 3rd Reading
  10. Apr 10, 2025House
    (H) 2nd Reading
  11. Apr 10, 2025Senate
    (S) Revised Fiscal Note Printed
  12. Apr 10, 2025House
    (H) Scheduled for 2nd Reading
  13. Apr 10, 2025Senate
    (S) Fiscal Note Unsigned
  14. Apr 9, 2025Senate
    (S) Revised Fiscal Note Received
  15. Apr 8, 2025HouseCommittee
    (H) Committee Report
  16. Apr 7, 2025HouseCommittee
    (H) Committee Executive Action
  17. Apr 3, 2025Senate
    (S) Revised Fiscal Note Requested
  18. Mar 31, 2025House
    (H) Hearing
  19. Mar 17, 2025House
    (H) Hearing Canceled
  20. Mar 17, 2025House
    (H) Hearing
  21. Feb 17, 2025House
    (H) 1st Reading
  22. Feb 17, 2025HouseCommittee
    (H) Referred to Committee
  23. Feb 14, 2025Senate
    (S) Transmitted to House
  24. Feb 14, 2025Senate
    (S) 3rd Reading
  25. Feb 14, 2025Senate
    (S) Scheduled for 3rd Reading
  26. Feb 13, 2025Senate
    (S) 2nd Reading
  27. Feb 13, 2025Senate
    (S) Scheduled for 2nd Reading
  28. Feb 11, 2025SenateCommittee
    (S) Committee Report
  29. Feb 10, 2025SenateCommittee
    (S) Committee Executive Action
  30. Jan 27, 2025Senate
    (S) Fiscal Note Printed
  31. Jan 27, 2025Senate
    (S) Fiscal Note Unsigned
  32. Jan 27, 2025Senate
    (S) Fiscal Note Received
  33. Jan 23, 2025Senate
    (S) Hearing
  34. Jan 21, 2025Senate
    (S) Fiscal Note Requested
  35. Jan 21, 2025SenateCommittee
    (S) Referred to Committee
  36. Jan 21, 2025Senate
    (S) 1st Reading
  37. Jan 21, 2025SenateIntroduced
    (S) Introduced
  38. Jan 20, 2025House
    (LC) Draft Delivered to Requester
  39. Jan 20, 2025House
    (LC) Draft Ready for Delivery
  40. Jan 18, 2025House
    (LC) Draft in Assembly
  41. Jan 17, 2025House
    (LC) Draft in Final Drafter Review
  42. Jan 17, 2025House
    (LC) Draft in Input/Proofing
  43. Jan 17, 2025House
    (LC) Draft in Edit
  44. Jan 17, 2025House
    (LC) Draft in Legal Review
  45. Oct 1, 2024House
    (LC) Drafter Assigned

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

View official text →

Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Sponsors

Sue VintonSenate · District 20RepublicanPrimary sponsor

Discoveries

1 pattern noticed across the record

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

policy shift95% confidence

Streamlined Temporary Water Leasing

The legislation bypasses several standard, lengthy change-of-appropriation processes to allow short-term water leasing under strict statutory caps and department oversight.

Department of Natural Resources and Conservation

Connected Entities

Department of Natural Resources and Conservation, Flathead Indian Reservation, Water Policy Interim Committee and 4 more
OrganizationDepartment of Natural Resources and Conservation“State department responsible for administering water rights and approving leases”Map →
locationFlathead Indian Reservation“Geographic area where the provisions of the act do not apply”Map →
OrganizationWater Policy Interim Committee“Committee receiving annual reports on temporary water leases”Map →
OrganizationUnited States Department of Agriculture, Forest Service“Federal agency managing national forest system lands and water rights”Map →
PersonSue Vinton“Republican Senator, District 20”Map →
OrganizationDepartment of Fish, Wildlife, and Parks“State agency involved in instream flow water rights”Map →
PersonB. Usher“Introduced Senate Bill No. 178”Map →

Sources

Open source document

bills.legmt.gov

Analysis Score

0–100
  • Significance75
    How much this matters to a regular citizen
  • Controversy40
    Intensity of disagreement among stakeholders
  • Entertainment5
    Compellingness for a non-policy-wonk reader
  • Buzz25
    Current news / social attention level

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