Montana
Judge overturns water rights decision for proposed Montana subdivision | Nebraska Examiner
A district court judge in Broadwater County, east of Helena, Montana, handed a victory to a group of water rights holders and landowners on the east side of Canyon Ferry Reservoir in a decision the plaintiffs say could have broad impacts on water rights and subdivision development in the state.
District Court Judge Michael McMahon’s 85-page order issued last week is sharply critical of Broadwater County commissioners and the Department of Natural Resources and Conservation.
McMahon hit the county for its preliminary approval of the Horse Creek Hills subdivision, proposed by developer 71 Ranch, despite an environmental assessment that failed to account for multiple water and natural resources impacts, and the Natural Resources Department for what he said was the department’s ignoring Supreme Court precedent surrounding water rights exemptions for subdivisions.
“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 in his decision.
Water advocacy organization Upper Missouri Waterkeeper and a group of residents living close to the proposed subdivision in August 2022 challenged Broadwater County’s approval of a preliminary plat for the House Creek Hills subdivision made a month earlier, as well as the DNRC’s approval of the project to move forward as four separate phases that allowed each phase its own exempt well instead of the full project having one exempt well — a scheme the judge found could lead to a limitless number of non-permitted wells in Montana.
Vicki Sullivan, a resident whose comments to the county were cited multiple times by McMahon to underscore how citizens led the effort to rightfully oppose the determinations surrounding the project, said the win was a victory for people living nearby but also for all Montanans opposed to sprawling new developments taking up water resources.
“Montana citizens now have a clear roadmap for holding their local decision-makers and state agencies accountable, ensure they consider public and community comments, proactively identify negative impacts related to new sprawl development, and deny new subdivisions that do not have adequate water supplies,” she said in a statement.
The proposed subdivision is on the east side of Canyon Ferry where Lower Confederate Creek runs into the reservoir, and involves subdividing 442 acres of land into 39 residential, two commercial and one open space lot – built out in four phases, with each lot served by an exempt well, septic and stormwater system.
The DNRC signed off on water exemptions that allowed each of the four phases of the proposal an appropriation of up to 10 acre-feet per year for a total of more than 13 million gallons across all four phases, according to court filings.
When it came time for the county to consider the proposed subdivision, it went back and forth between commissioners and the county planning board. Several locals, including some of the plaintiffs in the case, objected to both the process and the lack of information about water quantity and quality, or impacts to wildlife or nearby landowners.
McMahon found the county was “bending over backwards” to allow the ranch owners multiple opportunities to correct errors in its application and found that the materials were not organized or clear enough for the public to understand and comment on, in violation of the law.
He found the environmental assessment for the proposal, as well as the review of the impact to water users close to the proposed development, did not include information about impacts required by law, nor did it consider decreasing water abundance on Confederate Creek.
“The environmental assessment includes only the barest information about water resources; omits necessary information about waters’ health and interaction; fails to consider the impact of exempt wells; and arbitrarily limits its analysis to only the property itself and not neighboring landowners and waters,” MacMahon wrote.
McMahon’s opinion says when residents raised these numerous concerns, the county ignored them and did not provide the court records of some of the most serious issues with the proposal that were raised.
“Ignoring numerous specific, documentable, and clearly defined impacts is arbitrary and unlawful when statute requires that the county review them,” McMahon wrote.
He said the county, in violation of the law, failed to review whether there was sufficient water for the proposal.
McMahon also found that the DNRC wrongfully used an internal memo for its legal guidance in determining when it can allow groundwater development without considering impacts for existing water rights holders — instead of a Supreme Court decision surrounding the definition of combined appropriations.
“DNRC blatantly ignores a recent Supreme Court holding, which the letter demonstrates that DNRC understands, to conclude that each of the four phases of one larger project are entitled to exempt wells,” he wrote. “This is contrary to the administrative rule, statute, the rulings of this and the Montana Supreme Court, and perhaps most troubling, DNRC’s own restatement of the law in the letters.”
He said the DNRC’s claim it had only limited information at the time that the four phases would be one project was not plausible and suggested that like the county, “DNRC insists on doing 71 Ranch’s job.”
He said it was “blackletter law” that multi-phase developments are one combined appropriation, and that if the DNRC used its own interpretation, it “allows projects with an infinite number of exempt wells so long as they are developed in small enough sequential phases, a decision DNRC’s interpretation places entirely in the hands of the developer.”
McMahon put a section in bold in his opinion, stating that he wanted to make his ruling “absolutely clear” because the exempt well law “seems a particular challenge” for the department.
“There is no basis in law for DNRC to treat the four phases of 71 Ranch’s subdivision project separately, a conclusion which is absolutely clear from statute, administrative rule, Montana Supreme Court precedent, and even DNRC’s letters in this matter. Any and all phases of this project are one single combined appropriation,” he wrote.
McMahon said that DNRC’s efforts to evade the Supreme Court’s ruling were “limitless” and that the department “flagrantly ignores it in practice.”
“DNRC gives the distinct impression of a misbehaving child who knows how to say the right words to end the chastisement and yet immediate(ly) returns to the proscribed behavior once out of view,” McMahon wrote.
He said he worried that in a decade, district courts will be reviewing similar approved applications for separate projects sited next to each other that are being built by one developer through shell companies.
McMahon also noted that eight years ago, there were an estimated 113,000 exempt appropriations, with up to 78,000 more by 2020. Doing the math, McMahon said, the exemptions could lead to billions of gallons of water being used with no permit required.
“With DNRC going out of its way for decades to conclude that such wells are virtually never combined appropriations, each well is entitled to appropriate 10-acre feet per year, totaling 1.2-to-1.9-million-acre feet, or 417-622 billion gallons of water each and every year,” he wrote. “Each additional year adding 3,000 exempt wells entitles their owners to an additional 9 billion gallons of water each year. At this rate, in less than 50 years exempt wells will be entitled to draw a trillion gallons of water each and every year.”
A spokesperson for the DNRC and Broadwater County Attorney Cory Swanson both said Friday they were reviewing the order to fully understand the implications before speaking further or making any next moves. An attorney representing the ranch did not immediately respond to an email on Friday seeking comment and asking about a possible appeal.
Guy Alsentzer, an attorney for the plaintiffs, called McMahon’s decision a “landmark judgment.”
“This victory is not only a vindication of the rights of citizens to lawful, science-based decision-making and accountable government in the face of unrelenting development pressure, but importantly, this landmark judgment also recognizes the incredible determination and grit of individual citizens who – for nearly two years – tirelessly showed up to hold their elected leaders and bureaucracy accountable to protect their water, their treasured farms and ranches, their wildlife, and their western way of life,” Alsentzer said in a statement.
This article first appeared in the Daily Montanan, a sister site of the Nebraska Examiner in the States Newsroom network.
The Montana Lottery offers multiple draw games for those aiming to win big.
Here’s a look at March 27, 2026, results for each game:
Winning Mega Millions numbers from March 27 drawing
13-27-28-41-62, Mega Ball: 16
Check Mega Millions payouts and previous drawings here.
Winning Big Sky Bonus numbers from March 27 drawing
04-05-15-16, Bonus: 14
Check Big Sky Bonus payouts and previous drawings here.
Winning Millionaire for Life numbers from March 27 drawing
06-09-28-33-46, Bonus: 04
Check Millionaire for Life payouts and previous drawings here.
Feeling lucky? Explore the latest lottery news & results
When are the Montana Lottery drawings held?
- Powerball: 8:59 p.m. MT on Monday, Wednesday, and Saturday.
- Mega Millions: 9 p.m. MT on Tuesday and Friday.
- Lucky For Life: 8:38 p.m. MT daily.
- Lotto America: 9 p.m. MT on Monday, Wednesday and Saturday.
- Big Sky Bonus: 7:30 p.m. MT daily.
- Powerball Double Play: 8:59 p.m. MT on Monday, Wednesday, and Saturday.
- Montana Cash: 8 p.m. MT on Wednesday and Saturday.
- Millionaire for Life: 9:15 p.m. MT daily.
Missed a draw? Peek at the past week’s winning numbers.
This results page was generated automatically using information from TinBu and a template written and reviewed by a Great Falls Tribune editor. You can send feedback using this form.
GREAT FALLS — REAL Montana, short for Resource Education & Agriculture Leadership, is a two-year leadership development program through Montana State University Extension designed to strengthen the future of the state’s natural resource industries. The program combines in-state seminars, national travel, and an international study tour to expose participants to a wide range of perspectives.
Madison Collier reports – watch the video here:
Montana Ag Network: REAL group highlights international industry
The mission is simple: build a network of informed leaders who can help advance Montana agriculture and natural resource industries in a rapidly changing world.
A global classroom
This year, participants traveled across Morocco, visiting farms, research centers, and food production facilities to better understand how agriculture operates on a global scale.
According to REAL Montana Co-Director Tara Becken, the trip is about more than just travel, it’s about perspective.
“We were able to see how Montana commodities fit into the global picture,” said Becken, who also attended the trip. “Wheat from Montana’s Golden Triangle ends up on a plate on the other side of the world.”
Participants explored everything from citrus production to international trade, gaining firsthand insight into how food systems connect across continents.
Similar challenges, different landscapes
While Morocco’s environment and crops differ from those in Montana, participants said the challenges facing producers still felt familiar.
“Even though we’re worlds away, our challenges are very, very similar,” Becken said, pointing to issues like drought, labor shortages, and market pressures.
For Alice Miller, a participant in the program, those similarities stood out immediately.
“They’ve been dealing with drought. They’re working through input costs and labor… those are the same conversations we’re having here,” Miller said.
From farm to global table
One of the most impactful moments for participants came from seeing food production up close and realizing how connected it is to back home.
“Eating oranges right off the trees and then thinking about how that food ends up on our grocery store shelves… it just hits different when you’re there,” Miller said.
The experience reinforced a broader takeaway: Montana agriculture plays a role far beyond state lines.
“Montana really is feeding the world. That’s not just a phrase, that’s a reality,” Miller said.
Building the next generation of leaders
The international trip is just one part of the REAL Montana program, which includes eight in-state seminars and a national policy-focused trip to Washington, D.C.
Participants are selected from across Montana’s natural resource industries, including agriculture, energy, and forestry, with the goal of building a diverse network of future leaders.
Program leaders say those experiences are critical as the industry faces ongoing challenges, from global trade to shifting consumer demands.
“Unless we can understand the world around us, it’s really hard to tackle our own problems,” Becken said.
As the current class prepares to graduate, the focus now shifts to applying those lessons back home.
“We hope they go out and make a difference for the state of Montana and their communities,” Becken said.
Looking ahead
Applications for the next REAL Montana class are open through March 31. The program targets individuals working in Montana’s natural resource industries who are interested in growing as leaders and making an impact in their communities.
For Miller, the experience is one she encourages others to pursue.
“It’s an investment you won’t regret making, in yourself and in your industry,” she said.
The Montana Farmers Union is now offering a scholarship to help offset the cost of participation for eligible members accepted into the program. The support is designed to make leadership development more accessible to those working in agriculture and natural resource industries.
More information on scholarship opportunities and the application process can be found on the REAL Montana website.
State House considers reforms that allowed greater variety of construction in Big Sky State
Michigan could follow Montana’s lead after state House members introduced a bipartisan package of bills aimed at making housing less costly.
“The bipartisan Housing Readiness Package modernizes our development processes to reduce unnecessary costs and delays, making housing more affordable and available across the state,” according to a press release from the House Republican caucus. “This is about ensuring Michigan is prepared for growth and that more residents have access to safe, stable homes.”
The package draws on ideas Montana successfully enacted in 2023 and 2025 to ease the state’s housing shortage. It includes Michigan House bills 5529, 5530, 5531, 5532, 5581, 5582, 5583, 5584 and 5585. The package is intended to restrain cities and counties from restricting accessory dwelling units, duplexes, and other non-single-family units; to limit protests and impact studies on developments; and to reduce local red tape.
Housing costs in Michigan have almost doubled in recent years, according to the Federal Reserve Bank of St. Louis. Michigan has exceeded the pace of housing inflation found in other states.
The average price of homes in the state was about 75% of the national average in 2012, but it is roughly 82% of the average today, according to Jarrett Skorup, vice president of marketing and communications at the Mackinac Center for Public Policy.
Inflation, interest rates, and rising construction costs have increased housing prices, Skorup told Michigan Capitol Confidential, but local government red tape is still making things worse.
“A lot of this is because of dumb, unnecessary, big-government policies at the local level,” Skorup told CapCon in an email. “This bill package protects the private property rights of citizens in a way similar to what Montana and many other states have done. It is good policy that will help people afford to live where they want.”
Montana made changes to legalize duplexes, allow accessory dwelling units, open commercial zones to housing, and permit taller buildings that can accommodate more housing units.
The laws faced a legal challenge, but the Montana Supreme Court unanimously upheld the bipartisan legislation.
“There are a lot of similarities between what is being proposed in Michigan and what we accomplished in Montana,” Forrest Mandeville, a Republican state senator from Stillwater County, told Michigan Capitol Confidential in an email.
Montana enacted laws that call for freedom to build duplexes and accessory dwelling units by right (with no need for extra approvals) in many cities. The Big Sky State also streamlined review processes and simplified public participation.
“These reforms were necessitated by a housing market that was seeing prices skyrocket and existing zoning that created a lot of single-family-only development in large areas,” Mandeville said.
A broad coalition supported the changes: builders, real estate agents, free-market advocates and some local government groups, Mandeville told CapCon. Housing prices and rents have stabilized since the legislation was enacted.
“We tried to get government out of the way to encourage building without red tape,” Sen. Jeremy Trebas, a Cascade County Republican, told CapCon in an email about the housing situation in Bozeman. With a population of 60,000 and slow growth, the city faced a housing crunch, with a large inventory of aging and obsolete buildings. Expensive housing and taxes, Trebas said, were driving people to move to Washington, California and other states.
“If we could change land-use policy, encourage development of higher density like duplexes as infill, allow for housing in commercial zones (as it was a 100 years ago), reduce minimum lot sizes, and allow by-right accessory dwelling units and such, we could let the market work to produce density and supply without spending government dollars to incentivize it,” Trebas said.
Opponents of Montana’s reforms expressed concerns about more people moving in from out-of-state, said Trebas. He countered that Montana natives were hurt by high costs that price upcoming generations out of the housing market.
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