News

2025 Montana Legislature Recap

by Bill Pfeiffer

The 2025 Montana Legislature has wrapped. Our staff worked at the Capitol for every day of the 90-day session. Of the more than 5,000 bills that were on tap in early January, we were tracking a few hundred for their potential impacts on water, fish and access. The half dozen bills we prioritized for their broad fishery and water benefits progressed through the half-way point of the session, transitioning from the House to the Senate, or vice versa. Those bills were the result of at least two years of work with myriad partners to better protect and improve streamflow across Montana. We helped move a few over the finish line and lost a few by close votes.

HB74 – Private Pond Regulation – PASSED

Our first win of the session was passing HB74, a bill that revises private fish pond law. This bill is the result of two years of study prompted by the previous legislature with our strong support. The new law raises permit fees from $10 to $600 for new private fish ponds, so that Montana Fish, Wildlife & Parks (FWP) can do the work of reviewing, regulating and enforcing these ponds without tapping into fishing license account funds intended for habitat and conservation work, our hunting and fishing license fees. The bill also helps FWP’s efforts to prevent the spread of invasive species into Montana’s world-class trout streams through better inspections and better accounting by the sellers of eggs and fish to private pond owners. Finally, the bill improves requirements for water rights and pond design. Montana’s natural waters are too valuable to be put at risk by water use and invasive species associated with private ponds. This bill helps protect those values.

HB441 – Streamline Water Right Changes – PASSED

House Bill 441, a bill that adds efficiency and accuracy to the state’s process of clarifying and documenting all legitimate post-1973 water rights into final decrees, is now law. By moving forward the decades-long process of clarifying water rights, this bill will allow for better enforcement of legal water use and protect senior water rights. That will include protection of dedicated instream flow rights for fishery health. Additionally, Senate Bill 190 which reinstates the ability for water users to waive adverse effects in a change or permit process is on the Governor’s desk. This provision has been used numerous times with FWP-owned water rights for instream flow changes. 

HB580 – Protecting Drought Management – PASSED

Another bill we championed for direct benefits to trout is HB580, which also passed. HB580 protects water right holders from claims that they have abandoned their water right if they voluntarily let some or all of their water stay instream as part of a drought management plan in their watershed when drought triggers are met. This is great peace of mind for water users who voluntarily give up cold, clean water during times when the fish need it most.

SB358 – Closing the Exempt Well Loophole – TABLED

You have likely heard or read about the efforts to clamp down on the egregious use of exempt wells for more than a decade. We entered this session focused on passing SB358, a multi-year collaborative effort by conservation, agriculture, state agency and development stakeholders. SB358 would have more strictly regulated loopholes in the existing exempt well law that allowed developers to use increasing amounts of ‘free’ water without a water right. Making new water is impossible, so SB358 aimed to reduce water use that falls outside of and threatens established water rights by prohibiting new exempt wells in five of Montana’s over-appropriated, fastest growing and most threatened watersheds – the Gallatin, Missoula, Bitterroot, Flathead and Helena valleys. Rigorous study of hydrology shows that continuing to allow more and more exempt wells in these areas will begin to drain groundwater supplies that are directly and legally connected to surface water. This bill failed with uniquely bipartisan ‘yes’ and ‘no’ votes. The status quo, with this bill’s failure, means that the giveaway of water to developers will continue in places like the Gallatin River, where streamflow and water quality are already suffering the effects of rapid growth. While unchecked exempt well use continues for the next two years, we will redouble our efforts to build support for the scientifically-sound, durable solution that was SB358.

HB886 – Water Rights Cases to Water Court – FAILED

R.I.P. HB886, a common sense bill that would have put future water rights disputes in front of water law-trained judges in water courts, rather than the catch-all district courts where water law cases currently go to flounder behind a docket of everything from personal injury to felony hearings. We supported this bill because the move to water division courts for water rights cases would have ensured they were tried more efficiently and legitimately, resulting in better decisions on illegal water use or things like legal changes to instream flow. Dying by a 50-50 draw in the House was hard to see, but provides motivation to work harder to get it done next time.  

HB256 – Water Storage Trust Fund – TABLED but alive!

Back on the win side is an appropriation to benefit streamflow. Because maintaining healthy flows in Montana rivers is a top priority, one of the most important bills we supported this session was HB256. It would have created a $100M water storage trust using general fund dollars. Ninety-percent of the interest from that trust would be dedicated to improving state-owned water storage facilities, like Painted Rocks dam in the Bitterroot watershed, which includes stored water dedicated to late summer instream flows that are critical to the downstream wild trout fishery. The other 10% would go to the Department of Natural Resources and Conservation’s (DNRC) well-established Reclamation Development Grant Program, which has, and can continue to fund natural water storage, like beaver dam analogs, wetland improvements, or floodplain restoration. HB256 was tabled in committee in favor of moving the purpose and language of the bill into HB924 that creates a larger Growth and Opportunity Trust. The “GO Trust” bill contains the same stipulations for interest being available for the same reasons as HB256 articulated. Same good idea for trout, folded into a larger funding pot. This bill passed on the final day of the session.

State Budget and Appropriations – Money Matters!

One area MTU is proud to work in is the appropriations process. Without funding to back it up, policy is merely words on paper. This session we succeeded in securing additional important funding for state agencies and conservation. Here’s a brief synopsis of new money we supported that is now part of the biennial budget.

As always, things moved fast throughout the 2025 session, especially near the end. One silent win of the session for the people of Montana who care about rivers was the fact that not a single bill to diminish our stream access law had so much as a hearing. If you have questions or thoughts about any of the gains we made for trout and coldwater habitats this session, we welcome the feedback. Without your encouragement and support we could not continue to do the work of defending and promoting policy that benefits water, fish and the people who love those things. 

News

Water Wins at the 2025 Legislature

by Bill Pfeiffer

Under normal circumstances, a person can survive without air for about 4-6 minutes. That’s roughly twice as long as a wild trout can survive without water. And the water that trout need to survive and thrive must be cold and clean. That’s why MTU’s top priority at the Montana Legislature is good water policy, just as our on-the-ground projects across the state focus on improving streamflows and building high-quality habitat. Our staff show up for trout in Helena, not only during the legislative session, but also throughout the off-season to build proactive solutions addressing the threats to our fisheries and our waterways.

Legislation dealing with water rights and water quantity in Montana attracts ample attention, as it should. The 2025 legislative session in Helena has been no exception. Fortunately for wild trout there are several promising bills moving through the legislature that were developed collaboratively and move the needle on long-standing challenges for our fish. Within the growing chorus of voices and views on water policy in Montana, it is important we accurately describe what these proposed laws would accomplish.

Two of these pieces of legislation will help address the troubling patterns in streamflows and water temperatures over the past few decades that anglers and river users statewide can no longer ignore. Drought and diminishing instream flow are the biggest threats facing trout in many of Montana’s coldwater fisheries. House Bill 256 would create a trust account to improve water storage, so that we can capture more water in the spring and discharge cold water in late summer when fish need it. In places where water storage facilities exist, such as the Painted Rocks Reservoir in the Bitterroot watershed, we have successfully negotiated using some of the stored water to improve flows during late summer and early fall. These late-season pulses of clean, cold water protect trout populations during critical conditions. Now awaiting executive action in House Appropriations, HB256 – “Creation of Montana water trust and special revenue accounts” – is a crucial step forward in addressing increasing water scarcity in Montana and will soon move to the Senate if unamended.

If passed, this bill will create a trust account for water storage using general fund dollars, with the interest from this trust dedicated to two distinct purposes. First, 90 percent of the interest will be directed to state-owned water storage facilities, providing vital maintenance or improvements for projects like Painted Rocks. Second, the remaining ten percent of the trust’s interest will support the Department of Natural Resource and Conservation’s (DNRC) well-established Reclamation Development Grant Program (RDG) to fund natural water storage projects like beaver dam analogs, wetland development, and floodplain restoration. Trout Unlimited and local watershed groups often partner with local governments on RDG program grants to improve stream habitat and flows. The RDG program specifically prohibits these funds from going to private entities. In short, HB256 will be a boost to public infrastructure and nature-based solutions to provide benefits for fish populations, anglers and communities statewide.

MTU also strongly supports SB358  – “Revise exempt water rights law” – to tighten regulations around a loophole in the Montana Water Use Act that has allowed developers to use increasing amounts of ‘free’ water without a water right, to the detriment of the public, senior water users, and aquatic ecosystems. Addressing the exempt wells loophole has been a top priority of MTU and water policy experts for over a decade. We joined with DNRC, the Montana Association of Conservation Districts, the League of Cities and Towns and various agricultural groups in testifying before for the Senate Natural Resources Committee on the science and benefits of better regulating exemptions to Montana’s water rights laws. Anglers and ranchers alike know that there simply is not enough water to go around already, and SB358 aims to reduce water use that falls outside of and threatens established water rights, including FWP’s instream flow rights. The bill prohibits new exempt wells in five of Montana’s fastest growing and most threatened watersheds – the Gallatin, Helena, Missoula, Flathead, and Bitterroot valleys. Hydrologic studies show that continuing to allow more and more exempt wells in these areas will severely drain groundwater supplies that are directly connected to surface water. If nothing is done to plug this loophole, communities, rivers and trout in these watersheds will suffer.

SB358 also requires further study of other watersheds to determine if the use of exempt wells should be curtailed, while allowing exempt wells to continue being used in places where the science shows they are not impacting streamflows or senior water right holders. Most of the opponents to his bill are a starkly divided mix of people who think it is either too strict or too lenient. That contrast is very good evidence of a hard-fought compromise that improves upon the status quo and has the hallmark of being durable.

As the cliché goes, ‘fish need water.’ Trout, in particular, need cold, clean water to survive and thrive in Montana’s changing rivers. We will continue to fight for those needs every day during the 2025 legislative session and throughout the year.

Climate Change

Climate Change on Coldwater Fisheries: Interview with TU’s Dr. Helen Neville

by Bill Pfeiffer

What Climate Change Means for Trout Unlimited and Our Members 

by Maggie Althaus, MTU Climate Change Coordinator

Dr. Helen Neville, Trout Unlimited’s Chief Scientist, is optimistic about the future despite the challenges posed by climate change. With nearly two decades of experience with Trout Unlimited, Dr. Neville emphasizes the importance of engagement and education in addressing the impacts of climate change on coldwater fisheries. 

Dr. Neville, thank you for taking the time to talk to me today. Could you start by sharing a bit about your background and your work with TU? 

HN: Certainly. I’ve been with Trout Unlimited for quite some time, initially joining as part of our national science team in 2006 and later assuming the role of Senior Scientist in 2018. My background is in ecology, evolution, and conservation biology, with a focus on conservation genetics.  That’s a broad field but I have always focused on trout and salmon in my work even before coming to TU. I’m based in Boise, ID with a small core of TU science staff but we have science staff across the country. 

As an outdoor enthusiast yourself, how have you seen climate change affect your experiences? 

HN: Well, I think it stems from a deep-rooted love of nature that I inherited from my dad and our family culture. Growing up in a rural area of South Carolina, surrounded by mountains, ocean, fields and forests, I spent countless hours outdoors, exploring and fishing in North Carolina streams as a kid. Nature has always been a significant part of my life. 

Initially, I was on a pre-med track in college, following the path to medical school. However, it was my doctor mother who encouraged me to consider other options that would allow me to combine my passion for science with my love of nature. This led me to focus on genetics, not in the context of human health, but rather in understanding how organisms interact with their environments and using genetic tools for conservation purposes. 

While I don’t get to spend as much time outdoors as I’d like these days, I still enjoy hiking, biking, skiing, and camping whenever I can. But I can’t ignore the pervasive presence of climate change in the environments I cherish. It’s a constant concern, especially considering how disconnected many people, particularly younger generations, are becoming from nature. 

Having two teenage daughters, I feel fortunate that they have opportunities to experience the outdoors, although it’s becoming increasingly challenging with the impacts of climate change. Planning camping trips now involves careful consideration of smoke conditions and fire risks, which have become all too common in the West. Last year, Boise had a relatively fortunate season, but many other areas were severely affected by smoke. It’s a reality we can’t ignore. 

Why is conserving trout species and their habitats important not only to anglers but also to broader communities? 

HN: Understanding the unique significance of native fish species can be challenging for the general public and even for anglers. But they have extraordinary history and broader importance on various fronts. For example, much of my past work has been on Lahontan cutthroat trout in the northern Great Basin Desert. Previously, it was thought that most of the diversity among cutthroat trout was shaped during the Pleistocene, within the last several 100,000 years or so.  In 2018, however, there was a significant effort by the American Fisheries Society to update the phylogeny and taxonomy of cutthroat trout. This endeavor revealed that cutthroat trout trace back to a 10-million-year-old ancestor found in the Great Basin through a fossil discovered near Reno, and other evidence suggested the current lineages started forming several million years ago.   

Resetting the clock back by millions of years underscores the importance of conserving these fish. They’ve evolved intricately to adapt to their landscapes. Each form embodies the unique heritage of its geographic region, carrying with it the history of its environment over millions of years. 

Conserving biodiversity is paramount for preserving these connections. Native trout fulfill distinct ecological roles that non-native fish cannot replace. They are integral to the interconnected web of ecosystems, playing vital roles in maintaining ecological balance. 

Moreover, native trout hold significant cultural importance, not just for anglers but also for Tribes and other communities with deep-rooted relationships with fish. Protecting these species safeguards cultural heritage and ecological integrity for generations to come.

Climate change is a major threat to trout habitat. How much of an impact will this have on native species? 

HN: The impact of climate change on trout populations is and will be tremendous. Climate change is causing dramatic shifts, including increased flow events, extreme precipitation, rain on snow, declining snowpack, and more frequent wildfires.  

Scientists have made a lot of predictions regarding the future niches that trout may occupy based on factors like temperature and flow changes. Now, we’re witnessing some of these predictions coming true, with habitat shrinking and streams becoming warmer and more intermittent, especially in the dry interior West.  Non-native species expansion, in part related to climate change, is also a major threat.  Excellent recent science shows that the distributions of both bull trout and cutthroat trout have declined and are predicted to decline further, but the drivers differ somewhat:  temperature and changes in flow are driving bull trout impacts, whereas for cutthroat trout the climate-related impact of non-native trout has been the primary cause of declines. 

While scientists are still working to gather data on how trout are responding, it’s clear that many populations are struggling to cope with these challenges. 

It’s crucial to recognize that trout and salmon evolved in landscapes characterized by dynamic events like floods and fires. However, human-induced changes have significantly altered these environments and the buffering mechanisms trout and salmon have to handle these impacts. Small, isolated trout populations now face reduced resilience, as they cannot utilize strategies evolved over time to adapt to change. Isolation leaves them vulnerable during environmental events, with no nearby sources for recolonization. 

Moreover, isolation affects their genetics, making them less resilient. The introduction of non-native trout species across the West exacerbates this issue because these fish compete and hybridize with native populations, further eroding their genetic integrity and ability to cope with change. 

One important point to emphasize, though, is that although we know that climate change is a major threat with serious impacts, to date it is not the primary cause of extinction.  The massive declines in biodiversity to date are driven largely by habitat loss, degradation and fragmentation – and for trout and salmon the effects of non-native species.  To me, as sad as this is it also presents a major opportunity, to work to reverse the legacy of more traditional impacts we’ve had on fish habitat through restoration and smart management. 

With 2023 being the hottest year on record, how do rising temperatures affect trout and their habitats? 

HN: Trout have what’s known as a thermal niche, meaning they thrive within a specific range of temperatures. They are “cold water fish” so rely on clean, cold water, of course, but warm temperatures aren’t always detrimental for trout; in fact, some warmth at certain life stages can be beneficial, aiding their growth. However, there’s a delicate balance. Temperatures that are too cold can hinder reproduction and growth, especially if the growing season is short or their metabolism isn’t adapted to colder conditions. On the other hand, if temperatures exceed a certain threshold, it becomes stressful for them and can become lethal. 

As cold-water fish, trout have a somewhat narrow (colder) temperature range, though that varies somewhat among species. For example, bull trout and char need cold water more than European brown trout, which are nonnative to the region (this is one reason non-native species invasion can be driven in part by climate change). When temperatures reach stressful points, trout may stop growing to focus on survival. Similarly, excessive warmth can lead to physiological stress, such as protein breakdown and heat stress responses, and their metabolism works overtime to cope with the warm water. 

Both acute and chronic temperature changes can be harmful. Acute increases above a critical threshold can be immediately lethal, while chronic exposure to suboptimal temperatures over time can weaken trout, making them smaller and less productive, and more susceptible to diseases and other stressors. Finding the right balance within their thermal range is crucial for their growth and survival – and is why maintaining large, interconnected habitats that let them access different temperatures throughout their life is so crucial. 

What gives you optimism for the future of coldwater fisheries in the face of climate change? 

HN: To be honest, it’s hard to have a lot of optimism in the face of climate change. As a scientist, knowing what lies ahead can be daunting. However, what does give me hope is the immense opportunity we have to restore the damage we’ve inflicted on the landscape – focusing on those more ‘traditional’ impacts of habitat degradation and fragmentation I mentioned before that are currently driving much of the decline. 

Earlier, I mentioned some of the research we’ve conducted to project the impact of climate change on species like cutthroat trout. By examining their environmental niche—such as temperature and flow ranges—we can forecast where they might be in the future given certain climate scenarios. These projections are often grim, but they’re also based on current data and observations, which already indicate significant challenges. Many of these species are already at risk and even listed under the Endangered Species Act due to their current precarious status. However, I see this as an opportunity. 

While we can’t control all aspects of climate change, we can work to reverse some of this legacy damage to improve how our ecosystems handle and adapt to changing conditions. This includes initiatives like tree plantings, restoring riparian habitats, reconnecting fragmented systems, improving flows and eradicating non-native species. These efforts hold tremendous potential for positive impact. 

In addition to supporting those projects, what advice would you give to someone, especially young people, facing climate change? 

HN: Well, that’s a significant question, especially considering how much of the burden of this issue falls on the shoulders of young people. My advice would be to get engaged. Educate yourself and others. 

I believe younger generations have a unique opportunity to influence older ones who may not fully grasp the urgency of climate change. Many older individuals have shared how their perspective shifted after conversations with their grandchildren or children, who emphasized the reality and seriousness of the issue. So, while the burden shouldn’t solely rest on young people, they can play a crucial role in sparking change. It’s essential to have conversations with family members, grandparents, and anyone who will listen. Climate change messaging needs to come from diverse sources to resonate effectively. Hearing about its impacts from different perspectives can be incredibly impactful. 

TU’s Climate Change Working Group focuses a lot on messaging, and I can’t stress enough how crucial it is for people to talk about climate change. Even in families where it’s not commonly discussed, having a young person bring it up and share their experiences can make a significant difference in raising awareness and driving action. 

From a TU perspective, there are numerous opportunities to get involved. Whether it’s tree planting, planning restoration or stream reconnection projects, or working on policy and advocacy, there are plenty of ways to make a difference. 

I feel incredibly fortunate to work for TU. It’s an organization comprised of outdoor enthusiasts, anglers, and nature lovers who share a deep connection with the environment, much like yourself. Do you think this aspect makes TU unique? 

HN: I believe so. We’re not just a group of fishing enthusiasts; we’re deeply committed to conservation. Our staff are amazingly passionate and mission-driven, and there’s a deep culture within TU grassroots that encourages involvement and engagement – as is obvious from your position! Whether it’s through education, restoration projects, or advocacy efforts, there are numerous ways for members to make a meaningful impact. 

I have immense respect for TU members because they invest their passion, time, and expertise into meaningful engagement. It’s fascinating to see how this culture of involvement has influenced our messaging, particularly regarding climate change. For instance, the Executive Director of Michigan Trout Unlimited, who is also a scientist, published a review several years ago of TU’s approach to climate change messaging. It highlighted how our culture of engagement and the expectation of member involvement have helped ground our messaging in tangible actions and impacts, especially through our on-the-ground projects.  I just love that paper and use that emphasis all the time in my outreach. 

Thank you for sharing your insights, Dr. Neville. Is there anything else you’d like to add? 

HN: Mainly, thank you. Taking on this role as the Climate Change Coordinator for MTU and your efforts to share this crucial information to the public is tremendous. This is how we drive change—through awareness and action. The more we engage in conversations and share this knowledge, the greater impact we can have. 

We are currently presented with a historic opportunity, particularly with the substantial infrastructure funding being directed towards on-the-ground initiatives in the West aimed at enhancing habitat resilience. There’s an abundance of work to be done, and ample resources available to support these efforts. 

I encourage everyone to reflect on their passions and skills and consider how they can contribute meaningfully on-the-ground. With organizations like TU and others, there are countless avenues for involvement. So, thank you for all the work you’re doing for Montana TU and for prioritizing this focus.