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Water isn’t free. Exempt well policy pretends it is

by John E. Tubbs
| March 20, 2025 12:00 AM

Last month, the senator from Martinsdale received harsh criticism from dozens of opponents on his bill to “revise exempt water rights laws.”

Senate Bill 358 is an attempt to overcome the third court order in a row directing new residential development toward the water permitting and change statutes and away from the exceptions. Two district court orders and a Montana Supreme Court order all emphasize the exception to water right permitting statutes is not intended to exempt rapid residential growth from review at the expense of senior water right owners.

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