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Montana cannot ‘meet the demand’ to supply more water to new developments • Daily Montanan

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Montana cannot ‘meet the demand’ to supply more water to new developments • Daily Montanan


This week’s news brings us another story that’s starting to get very old — especially for Montana’s existing residents.  Namely, the City of East Helena finds itself unable to “meet the demand” for water for the 6,250 new homes plus new businesses that theoretically will be built on former ASARCO lands the city annexed when the company went bankrupt. 

But here’s the rub: The land the city annexed did not come with water rights.  In Montana, no water means no new developments because we can barely provide water to existing residents.  The rapidly changing climate’s longer, hotter, and drier summers combined with lower winter snowpacks and earlier, diminished runoff is simply a reality that municipalities and developers don’t want to acknowledge.  But just because you don’t want to admit reality doesn’t mean it doesn’t exist.

As reported, Montana’s Lt. Governor Kristen Juras sent a letter to the city telling them the Natural Resources Damage settlement with ASARCO for the lead smelter’s Superfund site pollution requires “natural resource restoration and long-term stewardship.” Part of that restoration process, which was public, determined that certain water rights should go to restore instream flows on Prickly Pear Creek, which flows right past the giant slag piles remaining at the smelter site. 

Ironically, the state and EPA offered the city 40% of the water rights, but the offer was refused.  Now, the state and the Department of Fish, Wildlife and Parks are moving forward to change those consumptive water rights to instream flows and restore the battered creek.

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That the city and developers are demanding the water for future development makes little sense since the mayor was quoted saying East Helena has an “already strained municipal water system.”  Since the theoretical developments would require four times the water the city currently supplies to existing residents and businesses it may also require a new and very expensive water treatment facility for which existing residents will pay. 

If this sounds familiar, one need only look to Bozeman, where residents will soon vote on the Water Adequacy for Residential Development initiative that will require new developments to either provide lower income units or bring new water rights to the city to “meet the demand” of the new developments.

Like Bozeman, East Helena is in a “closed basin” — meaning no new water rights can be issued without harming existing water rights holders and users.  You can’t give away more water than you have — and Montana has less every year, as the record low flows and closures of our major rivers proves.

None of this is a mystery.  In 1878 John Wesley Powell, who had explored the West’s great rivers and made the first descent of the Colorado River, published his “Report on the Lands of the Arid Regions of the United States” in which he estimated only 2% of the land in the arid West could support agriculture or development due to the lack of water.  There’s simply no excuse for Montana’s development-crazed municipalities to ignore the facts of our increasingly limited water supply. 

Finally, one might wonder why the burdens of “meeting the demand” of developers – including data centers – falls on existing residents.  Or why the Superfund impacts from past extractive industries shouldn’t be remediated.  Or why existing residents and their kids in East Helena shouldn’t have a clean stream they can walk to and enjoy a genuine “Montana” experience?

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There are very real limits to growth.  In the West, that’s a dwindling water supply – and it’s obviously time for Montanans to realize that fact and live with it.



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SLIDESHOW: Severe storms moved through western Montana on Thursday

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SLIDESHOW: Severe storms moved through western Montana on Thursday


Severe storms moved through parts of Montana on Thursday, prompting a total of 5 Severe Thunderstorm Warnings. Reports included strong wind gusts and hail in several communities, including Augusta, Choteau, Sunburst, Bigfork, Kalispell and Evergreen.

The strongest reported wind gust was 60 mph near Augusta, while hail up to 1 inch was reported near Evergreen and Kalispell.

STORM REPORTS:

12 SE Grant — 56 mph thunderstorm wind gust
7 NNE Augusta — 60 mph thunderstorm wind gust
5 ENE Choteau — 59 mph thunderstorm wind gust
Sunburst — 54 mph thunderstorm wind gust
Ennis — 59 mph thunderstorm wind gust
3 SSW Ennis — 52 mph thunderstorm wind gust
2 E Helena — 54 mph thunderstorm wind gust
19 E Swan Lake — 56 mph thunderstorm wind gust
2 NNW Yaak — thunderstorm wind damage – Multiple downed trees reported along Highway 2 between MM 3 and 8
3 WSW Blacktail — 53 mph thunderstorm wind gust
1 NNW Troy — 49 mph thunderstorm wind gust
5 ENE Choteau — 56 mph thunderstorm wind gust

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Turah — 0.88″ hail
1 NNW Bigfork — 0.75″ hail
3 SW La Salle — 0.50″ hail
2 N Evergreen — 1.00″ hail
1 W Kalispell — 1.00″ hail
3 WNW Kalispell — 0.75″ hail

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Las Vegas man sentenced after Helena coin shop burglary in Montana

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Las Vegas man sentenced after Helena coin shop burglary in Montana


A man from Las Vegas has been sentenced after stealing coins and precious metals from a Helena shop in Montana.

This comes after Bishop Lott, 47, pleaded guilty in January to one count of interstate transportation of stolen property.

A judge sentenced Lott on Thursday to 27 months in prison, followed by three years of supervised release. He was also ordered to pay $276,153.08 in restitution to the Helena business as well as five other theft victims.

MORE | Southern California man pleads guilty to importing, trafficking 70 pounds of ketamine

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The government alleged in court documents that Lott, along with Ricky Rynell Rose, broke into Wayne Miller Coins in Helena and stole nearly $59,000 in coins and precious metals from a Helena business.

Rose pleaded guilty last year and was sentenced to 39 months in prison.

The Helena Police Department received a call on March 3, 2024, reporting that Wayne Miller Coins had been burglarized earlier that day.

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As part of their investigation, Helena police officers reviewed surveillance footage from multiple businesses. They analyzed email account data, which led them to Lott and Rose, who had taken the stolen material to Nevada.



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A battle over dark money is brewing in Hawaii and Montana

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A battle over dark money is brewing in Hawaii and Montana


Political spending that is funneled into elections from a variety of nonprofits is known as dark money — and unlike campaign spending or the money deployed by PACs and super PACs, these sources are not required to disclose their donors. Following the Supreme Court’s 2010 Citizens United decision, which created the country’s current election spending landscape, this has ramped up dramatically, with the 2024 election seeing a record $1.9 billion in dark money spending, nearly double the $1 billion spent in 2020. Now, some campaign finance reformers think they’ve found a state-level reform that can rein in this spending.

Now, campaign finance reformers think they’ve found a solution, and it’s already in place in Hawaii.

A newly enacted corporate law, SB 2471, changes the powers that corporations, or other artificial persons like nonprofits, are granted by the state of Hawaii. In the United States, states grant artificial persons powers as part of an agreement that allows those artificial persons to operate in the state. SB 2471 works by changing the powers that Hawaii grants these entities to disallow them from spending on politics at all.

Tom Moore, a senior fellow at the Center for American Progress and former chief of staff to  Federal Election Commission commissioner Ellen Weintraub, told Salon that the law operates upstream of Citizens United by dealing with the powers granted to corporations and other artificial persons, rather than trying to regulate what they can and cannot do with those powers.

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“Citizens United said, ‘Hey, if you’re a corporation that is empowered to spend in politics, your right to spend independently in politics can’t be infringed,’” Moore said. “Fine. What this [Hawaiian law] does is say, ‘You know, we’re not going to create that kind of corporation anymore. We’re going to create the kind of corporation that doesn’t have any political spending powers.’ Citizens United and all the other campaign finance cases that the courts have ever decided do not speak to that.”

In his analysis, Moore said this strategy also has a better chance of standing up to scrutiny from the Supreme Court because courts have long upheld a state’s ability to assign powers to corporations operating within their borders, going back hundreds of years.

“They’re gimmicks, and the Supreme Court is not usually impressed by gimmicks.”

“The Supreme Court has said for 200 years that the states can do whatever they want in terms of assigning powers to corporations. They made a fatal assumption in Citizens United that 100 years ago, when states gave away all the powers and said, ‘You can do anything that a human could do,’ they assumed that states would never change their mind on that,” Moore said. “But they never said the states couldn’t change their mind on that, and now they are.”

For example, a recent court ruling in Delaware allowed a change to a town charter that would allow corporations to vote there under some circumstances.

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Moore believes that this Hawaiian law, and others like it in the works in other states, have a good chance of surviving at the Supreme Court. However, some critics disagree, saying this legal maneuver is likely to be struck down.

Brad Smith, the chairman and founder of the Institute for Free Speech, a nonprofit that advocates against limits on political speech, including political spending, called the move an “end run” around Citizens United.

“They’re gimmicks, and the Supreme Court is not usually impressed by gimmicks. If you want to do it, you probably have to change the makeup of the Supreme Court or be willing to pack the court and have the political muscle to do it,” Smith said.

In his opinion, the court is likely to see Hawaii’s law as a violation of the First Amendment and is unlikely to look favorably on the argument that these laws deal with powers rather than with rights and that this has to do with how corporations have changed in the past 200 years.


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Smith explained that in the past, states used to create bespoke statutes for corporations to do something like operate a ferry or a toll bridge. These days, however, the laws governing corporations are more uniform.

“That’s just not how corporations operate in the modern world,” Smith said.

Smith added that he suspects the court will see this law as conditioning the creation of a corporation, or similar artificial person, on forfeiting the right of the people forming a corporation to political speech in the form of spending.

“You could not have the state say we’re going to allow you to register your home, but only if you agree that you won’t spend any money from your home equity line of credit on any kind of political activity,” Smith said. “You can’t deny people the benefits of the law based on a determination that they give up some type of constitutional rights.”

Notably, under Hawaii’s law, the people who form corporations are still allowed to engage in political spending; it’s just that the artificial person in question is disallowed. Still, Smith said, he believes the court will still see the law as unconstitutional.

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What’s clear is that this new law, or one like it, will likely be headed to the Supreme Court and that’s because there are already other states where people are mobilizing to create similar laws.

Jeff Mangan, the founder and president of the Transparent Election Initiative, is already spearheading an effort to get a similar statute on the ballot in Montana in 2026, telling Salon that the group is only about 1,000 signatures away from meeting the petition requirements, with four weeks left.

“It’s an all-volunteer effort in Montana, we don’t have any paid signature gatherers, and it’s something that hasn’t been seen in a couple of decades here,” Mangan said.

While election finance reform is typically seen as a progressive issue, Mangan said that the initiative has been well-received by Montanans of all political leanings and that he’s optimistic that the measure will pass, though he’s expecting a significant political battle once the ballot measure is approved.

“We start with a very simple question: Do you believe there’s too much money in politics?” Mangan said. “Citizens will say ‘Yes,’ and they may not agree exactly what the solution is, but we can all agree that there’s too much money in politics.”

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Mangan acknowledged that the law, if passed in Montana, would be limited in that it only addresses dark money, which is a relatively small portion of political spending. While 2024 saw nearly $2 billion in dark money spent, it saw some $15 billion in outside political spending, according to the election spending watchdog OpenSecrets. Still, Mangan said, he’s already had organizers in all 50 states reach out expressing interest in the project and in starting similar efforts in their home states.

The Montana measure has also already survived a legal challenge at the Montana Supreme Court, which makes organizers optimistic that the law will survive a federal challenge. The court ruled that the law was not an infringement of rights because the law “speaks only to powers, not rights, and it does not expressly revoke any constitutional rights.”

Still, Mangan expects that his group and the supporters of the measure will have to fight tooth and nail to get the bill passed via referendum if and when it appears on the ballot in November.

“It’ll certainly be a David versus Goliath battle. They’ve already started. The Chamber of Commerce and industry groups attempted to stop the initiative right at the beginning of the signature-gathering phase. They sued the state to stop us from gathering signatures. They were unsuccessful,” Mangan said. “We expect litigation at every step of the way through this, not to mention whatever political campaign they choose to throw at us, and I would imagine it’ll be expensive and immense. It almost makes our point. Exactly the reason we need the Montana plan is because of exactly what we’re seeing being thrown against us.”






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