HB 405 Summary

• Establishes that the Commission on Water Resource Management must prioritize and process water use permit applications for public trust purposes before other applications, holding separate proceedings for public trust cases.

• Allows the Commission to retain independent legal counsel without requiring approval from the Attorney General, making it exempt from restrictions on state departments hiring attorneys.

• Grants the Commission authority to declare water emergencies and issue orders requiring apportionment, rotation, limitation, or prohibition of water use when public health, safety, and welfare are threatened; emergency orders expire after one year but may be extended.

• Replaces the position of Deputy to the Chairperson with an Executive Director appointed by and serving at the pleasure of the Commission; changes Commission leadership structure so the chairperson is elected by majority vote rather than automatically being the Board of Land and Natural Resources chair.

• Increases water violation penalties from a maximum of $5,000 to a range of $50-$60,000 per violation, with each day of violation constituting a separate offense; establishes penalty factors the Commission must consider including violation history, economic benefit, and good faith compliance efforts.