Montana Supreme Court rules against unlimited household wells

September 14, 2016 by Laura Lundquist

In a 6-1 ruling on Tuesday, the Montana Supreme Court upheld a district court ruling that limted the number of household wells that subdivision developers could drill without a water-permit exemption. The ruling preserves Montana’s system of water rights that gives priority of water use to owners of older water rights and could ultimately keep more water in Montana’s streams.

Writing for the majority, Justice Laurie McKinnon went into 24 pages of detail as to why a district court judge was not mistaken when he voided a rewritten 1993 Department of Natural Resources and Conservation rule that allowed developers to sink unlimited numbers of household wells without needing a water permit. In addition, the court ruled that the previous 1987 DNRC rule limiting exempt wells would stand for now.

Groups challenge Rock Creek Mine water permit

September 09, 2016 by Laura Lundquist

Four environmental organizations contend that a copper-sliver mine proposed to tunnel beneath the Cabinet Mountains Wilderness would rob the region’s streams of water.

On Aug. 31, the groups sent a formal objection to the Montana Department of Natural Resources and Conservation, asking that the agency not grant a water-right permit to the Rock Creek Mine. They argue that the DNRC would be breaking three state laws if it allowed the Helca Mining Company to use the groundwater that would seep into the shafts as miners worked their way underground.

State water deadline undermines tribal water compacts

January 11, 2016 by Laura Lundquist

Montana’s legislators may need to extend a self-imposed deadline to help Montana’s tribes secure their water and avoid years of litigation.

The legislative Water Policy Interim Committee learned Monday that three tribes could be forced to sue the state if the Montana Water Court finalizes water-rights decrees before Congress ratifies the tribes’ water compacts.