Montana
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.
Montana
Montana cowboys help build trauma ranch for Israeli soldiers
The hills of the northern Judean Desert will soon turn yellow and dry. For now, they are covered in green bloom, dotted with bursts of purple and yellow wildflowers, butterflies hovering above them. From a hilltop in the Binyamin region, where Ruthy and Haim Mann run their therapeutic horse ranch, the view opens wide: the Moab Mountains to the east, the Binyamin hills to the north, Wadi Qelt plunging dramatically toward the Jordan Valley and the northern Dead Sea. At moments, when the haze lifts, Herod’s winter palace can be seen in the distance on the other side of the wadi.
Biblical history feels at home here. Philistines and Crusaders, Babylonians and Hasmoneans, Assyrians, Byzantines and Seleucids all passed through. Joshua, Saul and Jonathan fought nearby. David hid in these hills. On one of the mountains opposite us, the Good Samaritan once passed, refusing to ignore a wounded man lying by the roadside and bandaging his injuries.
The desert has seen much. But a band of real-life cowboys from Montana, pointed boots, wide-brimmed hats and oversized belt buckles, is new even for this landscape. But a band of cowboys who wear Tzitzit (fringed ritual garment), bless bread with the Hebrew “hamotzi,” keep Shabbat and study the weekly Torah portion, though they are devout Christians, is new for me as well.
They define themselves as Christian Zionists. Not an official denomination, more a small, independent current on the margins. They have no church of their own. “But it’s growing,” said Zach Strain.
When I ask Yoss, short for Yosef, Strain and Jedidiah Ellis why they wear blue Tzitzit attached to their belts, Yoss quotes the Book of Numbers, Chapter 15, Verse 39. “That’s the longest I’ve heard him speak since they got here,” Haim Mann jokes.
4 View gallery
Ruthy and Haim Mann, the ranch owners
(Photo: Alex Kolomoisky)
On a recent Monday morning, the small group of five men and three women is already at work. Bethany Strain and Lily Plucker haul wheelbarrows of stones, Lily’s three-month-old son, Jethro, strapped to her chest. Her husband, John Plucker, the group’s unofficial leader, builds the wooden ceiling of what will soon become a resilience and support center for soldiers coping with PTSD at the edge of the ranch.
Yoss and Jedidiah work on the stone wall of the riding arena. Promise Strain washes laundry by hand facing the desert view. Eliora Ellis saws a wooden beam. Zach, who stands nearly 6-foot-7, reinforces the stable fence. They work in near silence, focused, as if fulfilling a commandment.
By profession, Zach trains horses and riders for the film industry, primarily for Westerns, and has appeared in some of them himself. He worked on the TV series “Yellowstone.” When I try to draw him into Hollywood gossip about Kevin Costner, but since there is a biblical injunction against gossip, all I can get out of him is that the horses on the series were the finest and most expensive available. They are reserved, almost shy. They speak sparingly. They appear unaccustomed to social company. Montana is about 18 times the size of Israel with roughly one-tenth its population. The nearest neighbor can be miles away. In the photos they show me, each home looks like it could have stepped straight out of the cast of “Little House on the Prairie”, except for one detail: a giant Star of David mounted on the Strain family home.
All of them are related. Zach, Yoss and Promise Strain are siblings (the fourth brother, Ezekiel, left yesterday). Jedidiah and Eliora are married. Yoss is married to Bethany, John Plucker’s sister. Plucker is married to Lily. It is their last day in Israel, and they seem determined, more than anything, to make the most of every remaining moment. This is their last day, though not their first visit. For most of them, it is their fourth or fifth trip, and never a vacation. They come to work.
Ruthy and Haim Mann, the ranch owners, are Israeli cowboys in their own right. Boots, hats and wide brims included. Haim, a lawyer by training, also carries a handgun. They live in the settlement of Alon, part of a cluster of three Jewish communities northeast of Jerusalem, which includes mixed, religious and secular residents living side by side. “It works beautifully,” Haim says. The population is largely middle-class.
Indeed, although several flashpoints of the Israeli-Palestinian conflict, including Khan al-Ahmar, lie not far from here, this specific area, located in Area C of the West Bank, is quiet and calm. Not quite Montana, but they manage with what they have.
4 View gallery
Riding against the backdrop of the new treatment center
(Photo: Alex Kolomoisky)
Both are remarried. Together they have two daughters, along with four children from Haim’s previous marriage and two from Ruthy’s, and they are grandparents to five grandchildren. Thirteen years ago, they founded a small therapeutic horse ranch. (“We’ve always loved horses,” they say). Ruthy handles treatment, working with teens with autism, motor and social challenges and trauma. Haim manages the horses. Five years ago, they were told to evacuate their original site. “We gave service to the whole community and got a punch in the stomach in return,” Ruthy said. With assistance from the Settlement Division, they relocated to the current hilltop. Haim closed his law office, Ruthy left her job at the Biblical Zoo in Jerusalem, and they committed fully to the ranch, which officially opened to the public about six months ago. Five dunams, 13 horses and a sweeping biblical landscape. Beyond routine therapy for local youth, the ranch increasingly served teens who had left the ultra-Orthodox community, including girls who were victims of sexual abuse, “even at ages 12 and 13”, sometimes within their own families.
About two years ago, they began hosting a joint Passover Seder for dozens of such teens. “The at-risk girls,” Ruthy says, “taught us a great deal about treating trauma.” That knowledge, regrettably, soon became urgently necessary. When war broke out after the October 7’s Hamas massacre, activity at the ranch halted. Ruthy began treating evacuees from southern Israel housed in Dead Sea hotels. “Everything there was terrible,” she says. At first, the therapy sessions were held in the hotels, without horses, using smaller animals instead. Over time, families began coming to the ranch to ride. “We started with 20 families. Within a month, 150 were coming,” she said.
Soon after, soldiers began arriving, some physically wounded, others psychologically scarred. “It started with soldiers who rode with us as kids,” Haim said. “They enlisted, went to fight and were injured. They came back to us to rehabilitate, to regain control over their lives.”
The need, they say, is immense while the supply is limited. Many soldiers from the West Bank have been killed or wounded, disproportionately to their share of the population. “But in all of the West Bank,” Ruthy says, “there isn’t a single ranch like this. There is a resilience center in Binyamin, but not everyone is suited to sitting in a closed room talking to a therapist about their feelings. It’s also a community that is less inclined to ask for help. Still, many people need precisely this kind of therapy, with horses, out in nature.”
4 View gallery
Building a wooden ceiling on their last day in Israel
(Photo: Alex Kolomoisky)
Demand is surging. “We feel the shockwaves of the psychological injuries from the war starting to hit with tremendous force,” Ruthy said. “It’s not just ripples. It’s a tsunami.” Everything mental health experts warned about during the war, that once it ended and there was no longer anything to suppress or conserve strength for, a major wave of psychological casualties would follow, is unfolding before the Manns’ eyes. “You feel it everywhere,” Haim adds. “In rising divorce rates, in pent-up violence. We know that what isn’t treated today will worsen tomorrow. The country has to confront this by building more resilience centers, otherwise we’ll be carrying it for years. “And it’s not like the trauma of October 7 is going to disappear anytime soon. We’ll be living with it for years.”
“There are other injuries that aren’t being talked about enough,” Ruthy says. “For instance, girls who were already in very difficult circumstances before October 7 and had just started to rebuild their lives, only for the war to shift attention elsewhere and leave them sidelined.” There are also many patients with older wounds and traumas that resurfaced, but there isn’t enough time, enough therapists or enough resources to reach them.” The sound of a bell rings out to announce lunch. The group gathers in the ranch’s main building for a modest meal of white rice and a tough steak. They recite a blessing over the food and eat in silence.
Word of the group’s arrival reached Haim as well. “I wanted to thank them, in my name and on behalf of the Jewish people. I offered them a day of horseback riding in the area. They came here and fell in love. We fell in love with them, too.” The group stayed at the ranch for three months, building everything by hand. “They were like a miracle for us,” Haim says. “We didn’t have a dime.” This latest visit, about a month long, focused entirely on constructing the new center.
Zach first visited Israel in 2014. This is his fourth trip. “It was very important for me to come help, to build and strengthen Israel,” he said. “Israel is the light of the world, maybe even the foundation of the world. I don’t know how to explain it, but when you’re here, you feel it.”
What does it mean to be a Christian Zionist?
“Some people call us that. Maybe it’s accurate,” he said. “We don’t have definitions.”
How do you define yourself?
“We don’t spend much time defining it. We’re somewhat different. We just go by the Bible. We’re not part of any church. It’s not really a movement. Nobody knows us. It started with our family, and people joined.”
I watch a video of a Shabbat meal at the family home in Montana: Kiddush over wine, Sabbath songs and a reading of the weekly Torah portion. They look a bit like the Amish. “We are not evangelicals”, he insisted. “We’re not trying to convert anyone. And I don’t even understand why I would need to convert anyone.” “We’re not evangelicals,” Bethany says as well, “but we’re fairly close to that.”
Zach, have you noticed a change in Israel compared to your previous visits?
“Since the war, I think people have come to see more clearly how deep and destructive evil can be. In America, it’s created a serious division. Many think Israel shouldn’t exist. That’s what’s being taught in schools today. They don’t know what’s happening here.”
That’s what they’re teaching in schools?
“We didn’t attend public schools,” he says. “Our parents pulled us out because they were teaching us lies.”
Zach also refers to John Plucker as the group’s unofficial leader. “I go where John tells me,” he explains. The fact that Plucker is 12 years younger does not seem to matter. The Strain and Plucker families have known each other for years and are closely connected. Two of the Plucker daughters are married to two of the Strain sons.
“‘Unofficial leader’ is a good definition,” agrees John Plucker, 27.
Are you really a cowboy?
“Yes. That’s how I grew up, on a traditional ranch with horses and cattle and everything. Today I’m an independent contractor and run a construction company. There’s not much money in ranching. It’s more of a lifestyle. I want to work a few more years and buy some land.”
Plucker does not define himself as a Christian Zionist. “I’m just a regular Christian,” he says. “But I see Israel the same way they do, and we believe the same things, so maybe I am a Christian Zionist? I don’t know. Honestly, I don’t really care.”
4 View gallery
The cowboys in Montana fields
(Photo: Courtesy)
So why did you come?
“The Strains have been coming for years, and they convinced me. We all love Israel very much. The first time I was here was after COVID, and it was incredible. HaYovel brought us. They believe God gave this place to the Jewish people. Here I learned a lot about redemption. You can see it happening in real time. It’s powerful. You learn much more here than just by reading the Bible.”
The last time he came was in November 2023. “They brought us to work in Shiloh, harvesting olives. The moment I came to the ranch, I fell in love, even though there was nothing here yet. My background is ranching and horses, so this suited me much more than picking olives, which is a pretty strange job, honestly. We didn’t hesitate to return, even though our baby had just been born.
“I see what they’re doing here with the young men and women who come for therapy. They give them purpose. They turn something negative into positive. It really brings redemption into people’s lives. I’m glad to be part of it. I already want to come back again. Staying in one place for a long time, building relationships, that’s a blessing.”
When I ask about politics, the group responds with puzzled looks, as if they had never even heard of Trump.“We’re simple ranchers,” Plucker said. “These things don’t interest us. We’re aligned with conservative views, but I don’t really understand politics. I’m here for the Jewish people. Politics may be important here, but not for us.”
By midday, the horses are released ahead of the afternoon’s therapy sessions. I meet Aviv, Sinai, Negev, Pele, Pazit, Milky and Moshe, a large black horse. I do not ride, but standing beside them, something shifts. A horse is a wonder. Sinai, a horse, or perhaps a mare, I didn’t check, walks toward me and looks straight into my soul. We share a quiet moment.
What is it about horses?
“A horse is a spiritual animal,” Ruthy said from atop Negev. “Every encounter with a horse exposes the soul. The horse immediately senses your frequency. If you’re tense, it’s tense. If you’re calm, it’s calm.”
“What allowed horses to survive for 80 million years is extreme sensitivity,” Haim said. “They are alert to fear, to anxiety. They feel your heartbeat, your breathing. A horse is a perfect mirror for someone living with PTSD. When a person jumps at the sound of a motorcycle and shifts into survival mode, the horse shifts just as quickly. And when you calm down, the horse calms down with you. It forces you to lead, not with force, but with quiet confidence.”
Ruthy sees symbolism as well. “A horse is an open, unburdened space. The entire archetype of the horse is about strength and success, getting back on the horse, being on top of things. That’s also our therapeutic philosophy: to reconnect with that life force, to climb back into the saddle even after the hardest falls. It restores a sense of control to people who have lost all control over their lives.”
Montana
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.
Montana
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