2-15-3311. (Temporary) Western Montana conservation commission. (1) There is a western Montana conservation commission consisting of 16 voting members. The commission is attached to the department of natural resources and conservation for administrative purposes only, as prescribed in 2-15-121.

(2) The governor shall appoint nine of the voting members who represent each of the following groups within western Montana:

(a) the hydropower utility industry;

(b) an electric cooperative;

(c) a private landowner who is a member of an irrigation district or a water users' association;

(d) a private citizen at large;

(e) private industry; and

(f) a director, officer, staff person, or member of a natural resource, conservation, or recreation organization, representing each of the following geographic areas:

(i) the Clark Fork river basin upstream from Missoula, including the Blackfoot river basin;

(ii) the Clark Fork river basin downstream from Missoula, including the Bitterroot river basin;

(iii) the Kootenai river basin; and

(iv) the Flathead river basin.

(3) Seven of the voting members shall represent the following groups within western Montana, including:

(a) two county commissioners, nominated and appointed by the Montana association of counties, including:

(i) one from a county with a population greater than 100,000; and

(ii) one from a county with a population less than 100,000;

(b) two conservation district representatives, nominated and appointed by the Montana association of conservation districts;

(c) two representatives of wastewater or storm water utilities, including:

(i) one from a municipality with a population greater than 20,000, nominated and appointed by the Montana league of cities and towns; and

(ii) one from a local water and sewer district, nominated and appointed by the Montana rural water association; and

(d) a representative of the Confederated Salish and Kootenai tribes' natural resource department, nominated and appointed by the Confederated Salish and Kootenai tribes tribal council;

(4) (a) The following officials or entities may appoint nonvoting representatives as follows:

(i) The speaker of the house and the president of the senate may each appoint two nonvoting representatives, one each from the majority party and from the minority party.

(ii) The directors of the department of environmental quality, department of natural resources and conservation, department of fish, wildlife, and parks, department of transportation, and department of commerce may each designate a nonvoting representative to the commission.

(iii) The president of the university of Montana, the director of the Montana bureau of mines and geology, and the Confederated Salish and Kootenai tribes tribal council may each designate a nonvoting representative to the commission.

(iv) The regional administrators of the environmental protection agency, U.S. department of agriculture, U.S. forest service, U.S. department of the interior, U.S. bureau of reclamation, U.S. geological survey, U.S. department of defense, and U.S. army corps of engineers and the administrator of the Bonneville power administration may each designate a nonvoting representative to the commission.

(b) The nonvoting representatives appointed subject to subsections (4)(a)(ii) through (4)(a)(iv) must possess sufficient knowledge and authority with their position to inform natural resource and community development decisions made within the commission's purpose and duties.

(5) The commissioners shall serve without pay. The voting members of the commission are entitled to reimbursement of travel, meals, and lodging expenses while engaged in commission business, as provided in 2-18-501 through 2-18-503.

(6) Nonvoting commission representatives shall serve at the pleasure of the agency or organization that appoints them and may be removed with or without cause. Voting commission members shall serve staggered 4-year terms beginning July 1, 2023. To implement staggered terms for voting members, the governor may specify a shorter length of term for initial voting members except that:

(a) the Flathead basin commission shall nominate two commissioners to the governor to serve until July 1, 2025, subject to subsections (2)(a) through (2)(f); and

(b) the upper Columbia conservation commission shall nominate two commissioners to the governor to serve until July 1, 2025, subject to subsections (2)(a) through (2)(f).

(7) A majority of the voting members of the commission constitutes a quorum of the commission.

(8) A vacancy on the commission must be filled in the same manner as a regular appointment. The appointed member shall serve for the remainder of the unexpired term.

(9) The commission shall select a presiding officer from among its members. The presiding officer may make motions and vote.

(10) A favorable vote of at least a majority of a quorum of voting members of the commission is required to adopt any commission motion, resolution, or other decision. (Terminates June 30, 2029--sec. 12, Ch. 428, L. 2023.)