Montana Headwaters Legacy Act aims for Senate floor following second committee hearing in three years
By Jen Clancey DIGITAL PRODUCER
The long process of lawmaking isn’t usually referred to in whitewater words, but a supporter for the Montana Headwaters Legacy Act believes the bill has finally nailed the line.
Scott Bosse, American Rivers’ regional director, said the MHLA is queued for the rapids of Washington D.C. On June 12, the river protection bill had a hearing with the U.S. Senate Committee on Energy and Natural Resources. Once marked up and approved by the committee, the MHLA will see the Senate floor for a debate and vote for the first time in the bill’s nearly four-year lifetime in government.
The proposed legislation would designate portions of 20 Montana rivers in public lands as Wild and Scenic Rivers, protecting 384 river miles from development while maintaining water rights and public access.
“What’s particularly exciting is I think there is a bipartisan desire to pass a public lands package probably after the election during the lame duck session of Congress,” Bosse said. “And we’re doing everything we can do to make sure that the MHLA is part of that package.”
With the current timeline, the MHLA could become law by the end of the year, affecting rivers in Montana—including Big Sky. As the bill stands right now, it would protect 39 miles of the Gallatin River and 17 miles of the Taylor Fork.
“Our water resources are being strained by growth and climate change … the more protective measures we can have out there and people working together to protect our waters, the better the result will be for our future generations,” said Kristin Gardner, chief executive and science officer at Gallatin River Task Force.
Gardner visited Washington D.C. for the third time in March 2024 to meet with government officials on behalf of the bill. For 14 years, the Montanans for Healthy Rivers Coalition has gathered river lovers all over the state to have conversations with supporters and opposition, and garner support for the bill.
One MHRC member and Greater Yellowstone Coalition conservation director, Craig Benjamin, described meetings with Big Sky’s neighbors in Virginia City. In March 2024, the Madison County Commission voted to unanimously support the MHLA after a statement by Madison Valley Ranchlands Group, an organization that works to protect sustainable ranching practice.
“Prior to this commission meeting, our coalition met individually with each [Madison County] commissioner to discuss the potential impacts of the legislation and answer questions,” Benjamin said. “We’ve also worked with Montana’s farmers and ranchers to ensure they’re guaranteed access to clean water, maintenance of their irrigation infrastructure, and their water rights are protected.”
Gallatin County Commissioners unanimously supported the bill in 2021 and have worked to meet with neighboring communities and organizations since.
“One of the things the Gallatin County Commission wanted to ensure was that the project was well understood by our residents as well as our neighbors,” said Commissioner Jennifer Boyer. She added that the commission has placed an emphasis on securing “broad and diverse” support for the MHLA.
This support has shown up in research from University of Montana, revealing that 83% of voters in the study expressed support of the bill, with 59% expressing strong support. The study of 500 voters’ attitudes statewide was conducted by a collaborating bipartisan team.
The subcommittee hearing is regarded by the coalition as a “milestone.” Sen. Jon Tester has long upheld the bill and he credits support to Montanans.
“My folks always said we’re renting this land from our children and our grandchildren, and we ought to leave it better than we found it—which is why I was happy to join this effort when Montanans brought me the Montana Headwaters Legacy Act,” Tester stated in a June 12 press release.
Next on the progress chart is a markup, when committee members jot notes on proposed legislation like the MHLA, and debate and vote on whether the bill should see the Senate floor. In this case, the MHLA would be attached to a larger public lands package, which supporters hope will be brought to the Senate come July.
In the flow of a bill becoming law, Bosse believes this is “showtime,” or in his terms—entering the whitewater rapids.
“We’ve done everything we possibly can do to put this bill in a great position to pass,” Bosse said. “And now we’re all just pushing forward with full speed ahead.”
