Montana

Diverse coalition challenges Montana’s exempt wells

Published

4 months ago

November 13, 2025

Diverse coalition challenges Montana’s exempt wells

Laura Lundquist

(Missoula Current) As Montana’s streams continue to dwindle in the continuing drought, a diverse group of organizations and individuals are once again challenging Montana’s rule on exempt wells, saying the state has repeatedly ignored court rulings.

On Wednesday, six Montana organizations and three individuals filed a complaint in Lewis and Clark County district court alleging that the Montana Department of Natural Resources Conservation has ignored court rulings and the rights of senior water-right owners by continuing to allow subdivision developers to exploit Montana’s exempt well law.

The plaintiffs include the Clark Fork Coalition, Montana League of Cities and Towns, Montana Farm Bureau Federation, Trout Unlimited, Montana Environmental Information Center, Association of Gallatin Agricultural Irrigators and Mark Runkle, a housing developer.

“From rapid growth to ongoing drought, Montana’s water resources and water users are facing unprecedented challenges,” said Andrew Gorder, Clark Fork Coalition legal director. “The cumulative impact of over 100,000 exempt groundwater wells can no longer be ignored. We’re asking the court to conserve our limited water resources and ensure that the constitutional protections afforded to senior water rights, including instream flow rights, are preserved.”

Over the years, especially since 2006, the Legislature has considered more than a dozen bills, most with the intent of enabling the proliferation of small wells – those that pump less than 35 gallons per minute – that the state has exempted from needing a water right or permit. The few bills proposed to keep exempt wells in check have usually failed in the Legislature while the DNRC has been reluctant to insist on regulation. So the incorporation of exempt wells in new subdivisions has exploded at a time when the state, particularly western Montana, is struggling with dwindling water supplies.

According to the complaint, census data show Montana’s population increased by almost 203,000 residents between 2000 and 2021. Over 87% of that growth occurred in six counties—Gallatin, Yellowstone, Flathead, Missoula, Lewis and Clark, and Ravalli – and those are also the counties where hundreds of new wells are pulling huge amounts of water out of their respective aquifers.

The complaint says Ravalli County is the most extreme example of population influx and exempt well development. Census data show 10,000 people moved to Ravalli County between 2000 and 2021, and 84% of the 6,000 new homes were built outside of incorporated areas. As a result, there are now more than 24,000 wells in the county and only 288 are for municipal or public water supply systems. So it’s not surprising that household wells, such as those south of Lolo, were running dry this summer in the Bitterroot Valley.

So many unregulated, unmetered wells together are using more water than agricultural producers who are required to have water rights before they can use water for irrigation or stockwater. If such water rights holders don’t receive their full amount of water, they are allowed to ask other users junior to them to stop using water. But that system doesn’t work when they try to make a call on a subdivision full of exempt wells. So, as courts have found, exempt wells violate Montana’s first-in-time, first-in-right system of water rights.

Over the decades, the number of water rights granted in each river basin account for more water than the basin holds, so starting in the 1990s, the state closed several basins to new water rights, including the Upper Clark Fork, Blackfoot and Bitterroot river basins. Eventually, groundwater rights were limited too when the courts ruled groundwater and surface water were linked. But that hasn’t stopped developers from drilling more household wells.

Back in the 1960s and ‘70s when Montana had only a half-million residents, exempt wells weren’t as much of a problem. But as the population surged and subdivisions multiplied in the 1980s, some Montanans could see danger, and a 1982 state conference recognized the threat to water supplies posed by an increasing number of unregulated wells.

In 1987, the DNRC developed a rule prohibiting the combined appropriation or use of exempt wells from a single aquifer without a water right, which should have stopped subdivisions from installing multiple exempt wells. But real estate and contracting lobbies were gaining strength. In 1993, the DNRC changed the definition of “combined appropriation” to require that the wells be physically joined before being required to get a water right, giving developers an out to use individual household wells.

A 2008 DNRC report, written for the newly created Legislative Water Policy Interim Committee, found that “exempt wells had become a major source of unregulated groundwater use in closed basins, areas with high population growth and increasing subdivision development.” The DNRC acknowledged that water rights owners could have their water use curtailed while subdivision exempt-well use continues unabated.

The Water Policy Interim Committee would conduct two additional studies of exempt wells in 2012 and 2018, which would find exempt wells problematic for water supplies and water law, but prompted no action.

Finally in 2009, a group of water rights holders, including the Clark Fork Coalition and rancher Katrin Chandler, petitioned the DNRC to rewrite the 1993 rule to protect senior water rights. When the DNRC refused, they went to court. In October 2014, a district judge ruled in their favor, saying the 1993 exempt well rule violated Montana’s Water Use Act. The state appealed, and meanwhile, the Legislature tried to pass laws to bolster the 1993 rule even though many legislators say they’re pro-agriculture.

In September 2016, the Montana Supreme Court upheld the district court finding that the 1993 rule on combined appropriation was inconsistent with the Water Use Act. DNRC went back to its 1987 definition of combined appropriation, and that should have put an end to the use of multiple exempt wells in subdivisions. But it didn’t.

In 2022, Upper Missouri Waterkeeper and others filed a court challenge to stop a 442-acre subdivision with exempt wells in Broadwater County that had gotten DNRC approval because it would be developed in four phases that were considered individually. The district court sided with Upper Missouri Waterkeeper, saying the DNRC’s “interpretation here would allow developers to circumvent exempt well limitations easily and unilaterally by simply slicing any project into phases each small enough to fall under the exempt-well ceiling for the aggregate acre-feet.”

District judge Michael F. McMahon said the DNRC ignored the 2016 Montana Supreme Court ruling and he expected that the department might do the same in future situations.

“The economic impetus to develop land is overwhelming and relentless. If there is going to be any check on uncontrolled development of Montana’s limited water resources, it will have to come from DNRC, which is statutorily charged with fulfilling Montanans’ constitutional right to ‘control, and regulation of water rights,’ a duty DNRC has manifestly avoided or undermined for over a decade to the detriment of our waters, environment, and senior water rights holders whose protection is the ‘core purpose’ of the Water Rights Act,” McMahon wrote.

The 2025 Legislature killed Senate Bill 358, which came out of recommendations from a DNRC working group, which included some of the plaintiffs. SB 358 would have significantly restricted the use of exempt wells in four aquifers where DNRC data and analysis shows that wells are affecting senior water rights owners: the Helena Valley, the Bitterroot Valley, the Missoula Valley, and the Gallatin Valley.

DNRC data show that between 74% and 94% of all groundwater use within these aquifers are from exempt wells, compared to 1% to 5% that are permitted wells, according to the complaint. In the Missoula and Bitterroot Valleys, more than 15,000 exempt wells serve rapidly growing residential areas, making up 74% of all groundwater rights in the Missoula Valley and 89% in the Bitterroot Valley. DNRC has recommended that the Legislature close both the Missoula and Bitterroot aquifers to additional exempt well development.

Because efforts to work with the DNRC and the Legislature have been stymied, the plaintiffs are turning to the courts and asking a judge to find the Exempt Well Law is unconstitutional by violating the property rights of water-right owners and by limiting their right to participate. They also want the DNRC to stop implementing the Exempt Well Law and rewrite it to conform with the water law of prior appropriation.

“Farmers and ranchers have followed the rules and invested generations of work based on secure access to water,” said Scott Kulbeck of the Montana Farm Bureau Federation. “Everyone has to play by the same rules. When some folks skip the permit process and pull from a water source that’s already spoken for, it hurts their neighbors. This case is about protecting the way Montanans have managed water responsibly for generations.”

Contact reporter Laura Lundquist at lundquist@missoulacurrent.com.

Source link

Click to comment

Montana

Evacuation orders issued as 5,000-acre wildfire burns near Roundup, Montana

Published

8 hours ago

February 27, 2026

Press Room

Evacuation orders issued as 5,000-acre wildfire burns near Roundup, Montana

ROUNDUP, Mont. —
The Rehder Creek Fire is burning 16 miles southeast of Roundup has grown to about 5,000 acres, prompting evacuation orders for residents in the Bruner Mountain Area/Subdivision.

The fire started Feb. 26, the cause is unknown and containment was at 0%.

Evacuation orders are in effect for all residents in the Bruner Mountain Area/Subdivision. The Musselshell County Sheriff’s Office is coordinating the evacuation orders, and 911 reverse calls have been sent out to advise people in the area.

A shelter is opening at the Roundup Community Center. Residents were told to contact Musselshell County DES for further information.

Firefighter and public safety remain the top priority. The public is asked to avoid the Fattig Creek and Rehder Road area so emergency personnel can safely and effectively perform their work.

Fire resources assigned to the incident include 40 total personnel, 11 engines, one Type 2 helicopter, three tenders and two dozers.

Source link

Montana

February 26 recap: Missoula and Western Montana news you may have missed today

Published

20 hours ago

February 27, 2026

Press Room

February 26 recap: Missoula and Western Montana news you may have missed today

State

Zip Code

Country

Source link

Montana

Escobar, Jayapal, Members of Congress Call on Camp East Montana to be Shut Down – Congresswoman Pramila Jayapal

Published

1 day ago

February 26, 2026

Press Room

Escobar, Jayapal, Members of Congress Call on Camp East Montana to be Shut Down – Congresswoman Pramila Jayapal

(Washington, D.C.) – Today, Congresswoman Veronica Escobar (TX-16) – joined by Representative Pramila Jayapal, the Ranking Member of the Immigration Integrity, Security, and Enforcement Subcommittee, and 22 other Members of Congress – sent a letter to Department of Homeland Security (DHS) Secretary Kristi Noem and Immigration and Customs Enforcement (ICE) Acting Director Todd Lyons calling for the immediate closure of Camp East Montana in El Paso. They cite urgent humanitarian concerns following multiple deaths in custody, documented unsafe conditions, and serious deficiencies in medical care.

This marks the fourth letter Congresswoman Escobar has sent to DHS and ICE leadership. The previous three letters have gone unanswered.

The letter can be found in its entirety below and here.

“Secretary Noem and Acting Director Lyons:

We are urgently calling on the Department of Homeland Security (DHS or the Department) and U.S. Immigration and Customs Enforcement (ICE) to shut down Camp East Montana in El Paso, Texas.

Camp East Montana has been operational for six months, and at least three people have died at the site since December 2025: Francisco Gaspar-Andres, Geraldo Lunas Campos, and Victor Manuel Diaz. The El Paso County Medical Examiner has officially ruled Lunas Campos’ death a homicide, citing “asphyxia due to neck and torso compression.”

Camp East Montana was constructed in a matter of weeks and opened before construction was complete and it does not have enough federal staff on-site to provide adequate oversight. Over the last several months, Congresswoman Veronica Escobar, in whose district this facility is located, has sent multiple letters to DHS and ICE regarding concerns about the conditions at Camp East Montana, and has received no responses.

According to detainees, there have been constant and consistent problems at the facility since it opened, beginning with the facility’s poor construction and poor ambient temperature control. Upon opening, the drinking water at Camp East Montana tasted foul and made some detainees sick. Detainees continue to be served inadequate meals, including food that is rotten or frozen; last fall, the facility was also consistently failing to make dietary accommodations for detainees. Detainees have shared that they have sporadic access to outside spaces and recreational areas, and that their dormitory pods are cleaned only once every eight days, despite pods housing up to 72 people at a time. Laundry services are not consistent, and people are washing their clothes in the facility showers. Additionally, the facility experiences flooding and sewage backups when it rains, leading to stagnant water.

One of the biggest concerns with the Camp East Montana facility is the inadequate medical care being provided to detainees. Our offices have heard that only the most ill detainees are referred to the medical unit and that there are inconsistencies as to how soon after arriving detainees are able to undergo initial medical screenings. Detainees with chronic health issues who rely on regimented medications for their health have had difficulty accessing necessary medications, including blood pressure medication and insulin.

At least one of the deaths that occurred in ICE custody, the death of Francisco Gaspar-Andres, appears to partially be the result of poor medical care by staff at the facility. According to ICE’s own account, Gaspar-Andres sought medical attention from facility staff for increasingly serious symptoms, but was only transferred to an area hospital once his condition had severely deteriorated.

In addition to our concerns about poor medical care, we are also aware that detainees have experienced irregular access to their legal counsel, including instances of detainees having only two minutes allotted per phone call every 8 days, which is contrary to ICE’s Detention Standards on access to counsel, and that the belatedly created law library lacks adequate resources for the amount of people currently held at the facility. In January 2026, ICE announced the on-site death of Geraldo Lunas Campos “after experiencing medical distress.” ICE opened an investigation into the death, but did not provide a cause of death. However, The Washington Post later reported that another man detained at Camp East Montana had witnessed guards choking Lunas Campos when he refused to enter a segregated housing unit. Weeks later, the El Paso County Medical Examiner ruled that Lunas Campos had experienced “asphyxia due to neck and torso compression” and ruled his death a homicide.

Lunas Campos is the first detainee to die at Camp East Montana as a result of a use-of-force incident, but we are strongly concerned that he will not be the last if ICE is allowed to continue operating Camp East Montana.

ICE was given $45 billion in taxpayer dollars in the reconciliation bill, $1.2 billion of which were awarded to Acquisition Logistics, LLC, a company with no previous experience managing immigration detention facilities, to build and oversee Camp East Montana. However, in the wake of three deaths in custody so far, continued concerns about conditions at the facility, and ICE’s apparent disinterest in responding to oversight letters from Congress, we do not believe Camp East Montana is being run professionally or responsibly.

Camp East Montana must be shut down. For the safety of everyone at the facility, for an end to abuses to detainees, and for fiscal responsibility to the American people, the site cannot continue to operate. We are calling on DHS and ICE to move to immediately close operations at Camp East Montana.

We look forward to hearing from the Department promptly on this matter.

The other co-signers include Representatives Yassamin Ansari, Nanette Barragán, Yvette Clarke, Lloyd Doggett, Maxwell Frost, Jesús “Chuy” García, Sylvia Garcia, Daniel Goldman, Jimmy Gomez, Henry Johnson, Stephen Lynch, Seth Moulton, Eleanor Holmes Norton, Delia Ramirez, Andrea Salinas, Janice Schakowsky, Darren Soto, Rashida Tlaib, Paul Tonko, Lauren Underwood, Gabe Vasquez, and Nydia Velázquez.

Issues: Immigration

Source link