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We Want Passed) 3/25/13 Good Bills (We want passed) Bill # Sponsor Description Status HB 106 Pat Connell Modifies state water use law. Passed House (R) Hamilton Generally revises enforcement provisions, eliminates Transmitted to Senate Natural HD 87 redundant language, clarifies the process for a permit or a Resources Committee change in appropriation right, and streamlines permit requirements in closed basins. HB 128 Galen Provide authority to expend water rights enforcement Passed House Hollenbaugh penalties. Transmitted to Senate Natural (D) Helena Authorizes using fines collected for unlawful use of water Resources Committee HD 81 for the enforcement of water use laws and creates a statutory appropriation to achieve this. HB 142 Pat Connell Restore Dingell-Johnson fish restoration and Became law! (R) Hamilton management funding assent language. HD 87 Restores language ensuring that crucial federal Dingell- Johnson Act funds can be used in Montana for management and restoration of fish populations. HB 401 Jeffrey Welborn Revising certain hunting license application fees. Passed House (R) Dillon Designates special license application fees for hunting Transmitted to Senate HD 72 specific species. This bill results from collaboration between hunting and conservation advocates. HB 444 Tom Jacobson Provide tax credit for access to state lands. Passed House (D) Great Falls Provides a tax credit of $500 to landowners for each access Transmitted to Senate Fish and HD 25 point they provide through their property that enables the Game Committee public to reach a parcel of state land for recreational use. HB 533 Rob Cook Expand the scope of fish enhancement program. Passed House (R) Conrad Replaces “bull trout” and “cutthroat trout” with “native Transmitted to Senate Natural HD 27 Montana fish species,” extending the capabilities and Resources Committee funding of Montana’s fish enhancement program to incorporate additional fish species and providing the program with greater flexibility for its implementation. HB 586 Mike Cuffe Revise aquatic invasive species laws. House Appropriations Committee (R) Eureka Establishes a statewide aquatic invasive species management HD 2 area and provides a process for inspecting, regulating, and funding aquatic invasive species throughout Montana. SB 278 Jim Peterson Ratify C.M. Russell National Wildlife Refuge water Passed Senate (R) Buffalo compact. Transmitted to House Natural SD 15 Settles for all time any and all claims to federal reserved Resources Committee water rights on the C.M. Russell National Wildlife Refuge, including U.S. instream rights for the purposes of stock, wildlife, and wildlife habitat and recognizing FWP’s interest in maintaining water flow and wildlife habitat throughout the Refuge. SB 346 Chas Vincent Revise exempt well laws. Passed Senate (R) Libby Revises water law by defining “stream depletion zone” and Transmitted to House Natural SD 1 provides for the determination of whether groundwater Resources Committee rights exempt from permitting are affecting senior surface water rights, and if so, it provides for enforcement according to priority. This helps maintain the structure of water rights according to priority. 1 3/25/13 Bad Bills (We don’t want passed) Bill # Sponsor Description Status HB 24 Duane Ankney Create state parks and recreation board. Passed House (R) Colstrip Provides for the creation of a state parks and recreation Transmitted to Senate Natural HD 43 board consisting of five member appointed by the governor; Resources Committee grants rulemaking authority to the board; and allows the board to set certain policies and provide direction regarding state parks and recreation to the FWP commission. This does away with FWP’s management over parks and recreation (state parks, primitive parks, state recreation areas, public campgrounds, state historic sites, state monuments, and other heritage and recreational resources, land, and water administered under Title 23 chapters 1 and 2 in the MCA). It also specifically provides the board with administration and management over the popular Smith River and its adjacent campgrounds. This bill significantly decreases concurrent management of both fish and wildlife and state parks and recreation. HB 404 Kelly Flynn Provide funding for block management program. House Appropriations Committee (R) Townsend Shifts FWP funding for securing wildlife habitat and puts it HD 68 into a hunting access account to be used to fund the block management program. While the block management program is worthwhile, it should continue to be funded by other sources, rather than robbing important wildlife habitat funds. SB 19 Bradley Define combined appropriation for exempt wells. Passed Senate Hamlett Codifies a loophole that allows developers to use an Transmitted to House Natural (D) Cascade unlimited amount of groundwater wells without requiring Resources Committee SD 10 an analysis of how the cumulative effects of these wells would affect connected streams and established water rights. SB 23 Matthew Revise interim zoning laws. Passed Senate Rosendale Revises county interim zoning requirements and procedures, Passed House (R) Glendive making it more difficult for a local government to implement Transmitted to Governor SD 19 interim zoning and making interim zoning applicable for a shorter period of time. Interim zoning is an important protecting existing landowners and their property rights from unexpected and damaging land use proposals. SB 24 Matthew Revise zoning laws for sand and gravel operations. Passed Senate Rosendale Creates impediments to local government’s ability to zone Passed House (R) Glendive by giving preference to open-cut sand or gravel SD 19 operations and taking away valuable protections for streams and surrounding landowners. SB 41 Edward Buttrey Prohibiting consideration of future subdivision impact. Passed Senate (R) Great Falls Prevents a governing body from considering the impacts of Passed House SD 13 additional future subdivisions when reviewing subdivision Transmitted to Governor applications. This hampers the ability of local governments to make informed decisions affecting long- term planning and local communities. SB 105 Taylor Brown Revise interim zoning laws. Passed Senate (R) Huntley Prohibits local governments from establishing an interim- Passed House SD 22 zoning district if the proposed use is subject to state regulation, consistent with adopted zoning regulations, prevents an agricultural activity, or if zoning regulations have not yet been adopted for the property. Vetoed in 2011, this bill eliminates the private property and community interest protections of interim zoning. SB 137 Alan Olson Revise local government laws relating to environmental Passed Senate (R) Roundup cleanup. Passed House SD 23 Provides local governments with a defense against liability in tort action seeking damages resulting from violations of clean water statutes, the Solid Waste Management Act, the Hazardous Waste Act, petroleum storage tank cleanup requirements, or the Underground Storage Tank Act on property acquired by local government authority. This partially guts environmental protections established in part to keep waterways healthy and sustainable. 2 Bill # Sponsor Description Status SB 147 Edward Buttrey Generally revise subdivision review criteria laws Passed Senate (R) Great Falls regarding agriculture. Transmitted to House Local SD 13 Changes subdivision law so that it no longer requires Government subdivision reviews to examine impacts on agricultural economies and culture, limiting review to effects on adjacent agricultural operations. This bill severely restricts the ability of Montanans to steer the future of development in their communities and how it might affect a primary economic driver as well as open space conservation. SB 237 John Brenden Require land board approval of land purchases. Passed Senate (R) Scobey Requires approval by the board of land commissioners for Transmitted to House Natural SD 18 certain land purchases by FWP and prohibits a net gain in Resources Committee state land ownership when FWP makes land purchases. Fishing access sites of less than 5 acres are exempt from the rule, allowing continual acquisition of additional fishing access sites. The bill also creates a fishing access enhancement program, providing landowner assistance and encouragement for public access to and across private lands for fishing purposes. This is an angler-friendly bill. SB 337 Bradley Clarify standing provisions in Water Court proceedings. Passed Senate Hamlett This bill is aimed at preventing TU from having standing to Transmitted to House Judiciary (D) Cascade object to most inaccurate or bogus claims in the statewide Committee SD 10 adjudication of water rights – a right that was affirmed for TU by the Montana Supreme Court. SB 347 Chas Vincent Revise water degradation laws. Passed Senate (R) Libby This bill, a gift to the mining industry, changes the definition Transmitted to House Natural SD 1 of “degradation” in Montana water quality laws so that it Resources Committee does not include groundwater dewatering or diversion of surface flows even if it harms water quality or existing water rights. Importantly, this bill allows miners to dry up streams when they dewater local groundwater sources, even if it results in harm to irrigators with senior water rights, FWP instream flow rights, or important fish populations. There is no recourse for existing users under Montana water use or water quality laws to prevent this
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