A Montana Trout Unlimited Legislative Update

Bad for Rivers. Bad for Trout. Bad for Montana.

The worst of the worst: Contact your legislators TODAY

and tell them to oppose these bills.

26 February 2011

HB 309, Rep. Jeff Wellborn (R-Dillon). Radically changes Montana stream access laws so that natural channels modified in part by irrigation structures, or whose flows are augmented by water returned by irrigation, would be defined as "ditches," and thus off limits to recreation without permission. FWP and MTU analysis indicates this would kick the public off hundreds of miles of streams long used by anglers and other recreationists. The bill is especially unnecessary because stream access law already says it is illegal to recreate on bona fide private irrigation ditches. Passed the House 57-43. Now in Senate Ag Committee on Tuesday, March 8^th, 3:00 p.m., room 303 in the State Capitol. This is the last chance for public comment, so come and let the Senate know this bill is unnecessary. See our action alert here.

SB 306, Sen. Terry Murphy (R-Cardwell). Creates a loophole in the state's ban on new open-pit, cyanide-leach mines – which was affirmed twice by public vote – so that new open pit mines with low grade ore could potentially open in places like the Rock Creek and Blackfoot watersheds simply by shipping their ore to grandfathered leaching centers. Passed Senate slightly amended, but still awful, 29-21. On to the House. Call 406-444-4800 and leave a message for your House Representative and ask them to OPPOSE SB306!

SB 344, Sen. Jason Priest (R-Red Lodge). Requires state and local government to reimburse people for alleged "takings" of private property when they claim, using sketchy evidence, that regulations or ordinances have reduced the value of real or personal property by more than 10 percent. This means ordinances aimed at protecting community values (such as zoning cannabis stores away from schools), regulations for fish and wildlife (such as hoot owl restrictions or even the permitting of fish ponds), or permit conditions that reduce water or air pollution from gravel pits or mines, could result in either: degraded neighborhoods and the environment; or costly, taxpayer payoffs to polluters. A similar measure passed in Oregon resulted almost immediately in 7,000 claims totaling $20 billion. Tabled in Senate Judiciary Committee. May it be buried forever.

SB 347, Sen. Bob Lake (R-Hamilton). Very similar in specifics and effects to SB 344. Another disastrous "takings" bill that ignores community welfare, locally led land-use planning efforts and environmental protection. Passed the Senate 42-8, but amended to take out the most harmful language. On to the House.

SB 317, Sen. Chas Vincent (R-Libby). Completely eviscerates the Montana Environmental Policy Act, by rewriting it so that regulated industries control the bedrock Montana statute requiring state agencies to analyze and disclose the adverse effect of state-permitted activities, such as mining, gravel pits, power plants or location of utility lines. Passed Senate slightly amended, 27-23. On to the House.

SB 233, Sen. Jim Keane (D-Butte). Also eviscerates the Montana Environmental Policy Act by basically giving permitted industries veto power when state agencies try to reduce impacts of permitted activities, like mines, gravel pits, power plants or construction of utility lines. Also reduces the ability of court's to remedy environmental damages essentially making MEPA review a voluntary procedure. Passed Senate slightly amended, 30-20. On to the House.

HB 433, Rep. Gerald Bennett (R-Libby). Allows developers to exploit so-called "exempt wells" to gain unlimited access to groundwater, without it being reviewed for its effect on senior water rights or connected surface water in streams. Defeated on floor 67-32. Could be resurrected as interim "study" bill.

HB 454, Rep. Pat Connell (R-Darby). Requires that 20 percent of the wildlife areas owned by Fish, Wildlife and Parks be managed for "multiple uses," defined as logging, mining and other development. This would result in habitat loss as well as the federal government reducing its contributions to FWP's land purchase and fish and wildlife management programs by $20 million –almost one-fourth of the agency's annual budget. Tabled in Committee.

SB 312, Sen. Chas Vincent (R-Libby). Revises law for permitting of mines so that mining companies can veto permit stipulations that are developed by Department of Environmental Quality to protect water, fish and wildlife. Passed Senate 32-18. On to the House.

SB 301. Sen. Rick Ripley (R-Wolf Creek). Prohibits FWP from purchasing any property through 2015. Passed Senate 29-21, but amended so to affect only purchases exceeding 100 acres and $100,000, and through 2013. Still prohibits most conservation purchases for two years. On to the House.

SB 303. Sen. John Brenden (R-Scobey). Prohibits net gain in land owned by the State, with the exception of small fishing access sites. Senate votes 25-25. Bill misses transmittal deadline and dies on floor of the Senate.

HB 292. Dan Kennedy (R-Laurel). Puts a referendum on the general election ballot asking the public to diminish our constitutional right to a clean and healthful environment by adding it must also be "economically productive." Passed House 63-32, now in Senate. This bill requires a total of 100 votes for it to be on the next ballot.

SB 356. Brad Hamlett (D-Great Falls). Prohibits interests from objecting in statewide water rights adjudication unless they have a water right. This bill is aimed at preventing Montana Trout Unlimited from having standing in the adjudication in the Big Hole drainage, where MTU filed objections on water rights that were exaggerated and fabricated. The Montana Water Court rejected MTU's standing, but MTU has asked the Supreme Court to rule. The bill is aimed at undermining the Supreme Court decision in the case. Passed Senate 30-20. Amended to abide by Supreme Court decision on Big Hole, but would prevent TU or other parties from objecting in other basins. On to the House.

Click here for more useful links on how you can contact your legislators.

Contact Montana TU at 543-0054, or bruce@montanatu.org; or mark@montanatu.org.