Montana
Montana State Prison water routinely positive for coliform bacteria
Montana State Prison’s drinking water has routinely tested positive for coliform, a bacteria found in fecal matter, and the facility has received numerous drinking water violations over the past three decades, according to the state’s Safe Drinking Water Information System.
Publicly available drinking water tests from the Department of Public Health and Human Service’s Environmental Lab show the prison’s aging and troubled system tested positive for coliform 11 times in 2025 and eight times in 2024.
Questions about water quality have come to the surface since a reported water pipe break at the prison 10 days ago that left inmates without consistent drinking water and in some cases not enough water, according to an inmate and family members.
But water quality at the prison appears to be a longstanding issue. The Department of Corrections said it takes those concerns seriously.
“The safety of inmates and staff members at Montana State Prison (MSP) is paramount, and any safety concerns brought to the department’s attention are addressed immediately,” Department of Corrections spokesperson Carolynn Stocker wrote in an email to the Daily Montanan. “The Department works closely with the Department of Public Health and Human Services (DPHHS) and the Department of Environmental Quality (DEQ) to ensure the safety of water.”
The facility has received seven “individual violations” since 2022. When inspections reveal issues, there is a set notification process. The violations, which follow testing, were over E. coli monitoring, multiple consumer confidence violations — a mandated water quality reporting process by the Environmental Protection Agency — as well as notifications about copper and lead.
“DEQ has informed the DOC that lead and copper values are less than federal action levels,” Stocker wrote in an email.
When there is an issue with water that requires public notification, it’s called a violation. Even things like not responding to a correction or repair request within a certain time period can be considered a violation, according to a DEQ reference sheet on federal rules surrounding coliform.
Following that notification, water facilities are asked to come back into compliance.
In an email late Monday, the Department of Corrections did not directly answer a question regarding consumer confidence report violations the Daily Montanan sent Friday. The DOC referred those questions to the Montana Department of Environmental Quality, which did not respond to the Daily Montanan by press time.
There have been about 50 tests for coliform, a different bacteria than E. coli, over the past year, according to the data set.
During those coliform tests the state also tests for E. coli. None of the E. coli tests showed the presence of that pathogen, and prison water hasn’t tested positive for that bacteria since 2000, and even then it was in non-potable water, the Department of Corrections said in an emailed response to questions from the Daily Montanan.
On Monday, inmates were handed a notification dated Oct. 10, saying that there were questions about the quality of the water supply, in this case, potentially from the infrastructure problems at the prison. Amanda McKnight, who has been advocating for inmates during the water crisis, said her husband, who is an inmate, read the statement and she transcribed it.
“Our water system recently experienced a loss of pressure, which could have resulted in contamination of the water supply,” the statement reads. “Because of the loss of pressure, it is unknown if contaminants could have infiltrated the distribution system.”
The statement goes on to say water from the prison’s supply should be boiled before usage.
“Inadequately treated water may contain disease-causing organisms, including bacteria, viruses, and parasites, which can cause nausea, cramps, diarrhea, and headaches,” the statement reads.
The DOC did not immediately respond to a request late Monday for comment on the boil order notification.
McKnight said her husband had severe stomach issues for six months after entering the prison. Even before the current water crisis, she was sending him extra money for bottled water, she said, and that’s been a consistent worry.
“It’s devastating to know that my husband and 1,600 other human beings along with the staff who work there are being forced to live in conditions we wouldn’t tolerate for animals,” McKnight, who shared the violations with the Daily Montanan, wrote in a message. “Clean water is a basic human right. The State has known about these water issues for years and has done nothing. This isn’t an accident, this is neglect.”
The testing data goes back decades, and prison water has tested positive for coliform 37 times since 2001. Coliform bacteria aren’t necessarily harmful, though their presence in drinking water can indicate pathogens are in the water.
Following a water sample, bacteria is grown in a petri dish overnight, said Ben Rigby, the executive director of Montana Rural Water Systems.
If it’s a “hit” or when a sample tests positive for a specific pathogen, they’ll take several more samples, Rigby said.
Rigby was previously the Water Treatment Superintendent city of Helena’s water system and said there’s always a possibility of false positives too. Reporting out any water issues is paramount to public trust, he said.
“That’s kind of rule number one, as an operator in a public water supply,” Rigby added.
There are significant federal regulations around water quality, including the Revised Total Coliform Rule.
“Total coliforms are a group of closely related bacteria that are natural and common inhabitants of soil and surface waters,” the rule states. “Their presence in drinking water suggests that there has been a breach or failure in the water system (for example, a hole in the pipe); and pathogens, which are disease-carrying organisms, may have entered the drinking water.”
It was unclear how high the levels were of coliform bacteria. Positive tests for coliform at the prison date back to 1981, state records show. A test on Sept. 23 of this year showed the presence of coliform in the drinking water.
In an email, the Daily Montanan asked the DOC to explain the severity of the test results and its response. A DOC spokesperson explained the process the DOC uses to meet standards but did not elaborate on the positive results for coliform.
The state samples water at the facility about three times per month, Stocker wrote in an email. Those samples are delivered to the DPHHS environmental division, which then reports the results to the Department of Environmental Quality.
“If there are any concerns with the results, Corrections works with DEQ to identify and address any problems and to ensure water meets the requirements of the federal Safe Drinking Water Act and state laws,” Stocker wrote. “This could include, but is not limited to, mitigation strategies such as boil advisories. The DOC continues to work with DEQ until a negative test result is achieved and the water is confirmed free from the contaminant. When public notice is required, MSP posts that information in all public areas at the facility for staff and in the communal areas in the prison units for inmate access.”
Sewer and water issues aren’t new at the prison, and last year, Montana Public Radio reported a sewage backup lasted for days.
“As a wife, it breaks me to know that my husband — and every man inside those walls — has been drinking, showering, and living in contaminated water for years,” said Ariana Smith, whose husband is also in the facility, said in a statement last week.
The National Guard has delivered thousands of gallons of water to the prison from the city of Deer Lodge. The prison is also drawing from two on-site wells, Lee Newspapers reported on Monday.
But there’s been major issues with the city of Deer Lodge’s water system as well. One of the city’s three public wells shut down following a 2013 violation for arsenic contamination.
“The two remaining wells are also susceptible to arsenic contamination due to the proximity of the Clark Fork River,” a 2024 Department of Natural Resources and Conservation environmental assessment states. “Having only two remaining production wells poses a severe risk to the City’s ability to provide reliable water service due to lack of redundant water supply.”
Deer Lodge — and the state prison — both lie within the Anaconda Company Smelter Superfund Site.
Milling and smelting operations produced high concentrations of arsenic, lead, copper, cadmium and zinc that contaminated soil and groundwater.
Last week, the Department of Corrections said it was going to take $21 million in appropriated money from 2025 budget legislation to “modernize” the prison’s water system following the break. This work is expected to take from 60 to 90 days, the DOC said in an Oct. 18 press release.
DOC officials said they have tried to find the source of the problem, calling in multiple water experts, the state’s National Guard and a Department of Natural Resources and Conservation command team. Last week, the DOC announced in a press release that water had been restored to the Secure Adjustment Unit and units 1 and 2 on the high-security side of the facility.
Work to stabilize water access continued over the weekend, the agency said in an Oct. 18 press release. On Monday, 13 plumbers were expected to be on site, DOC Director Brian Gootkin said in a statement. A leak was found outside the A unit in the low security side of the prison, and the DOC said maintenance staff believe repairing that will help with water pressure in units A, B and C.
Some work to excavate pipes at the prison has to be done by hand, according to the DOC.
“It seems like every time we fix one leak, another one pops up affecting the system in a different way,” Gootkin said in a press release.
The Department of Corrections also said a Department of Public Health and Human Services sanitarian inspected the prison last week and provided technical assistance on the safety and adequacy of the facility’s temporary water system.
“The temporary water system inspected today meets the highest standards to ensure the health and safety of MSP inmates and staff,” DPHHS sanitation Jenna Fisher stated in a DOC press release.
A DOC release said Fisher confirmed that the facility is supplying necessities — including portable restrooms, showers, and bottled water — in quantities they said exceed levels recommended by the Federal Emergency Management Agency.
On Friday, the Department of Corrections announced potable water trucks supplied the prison’s food factory, allowing that facility’s cooking operations to resume.
Additionally, the DOC said Fisher observed that the prison’s kitchen is maintaining safe sanitation — water is being boiled, the release said — and laundry facilities remain fully operational.
Construction planning is also progressing, with plans to replace the failing water system to begin this week, the agency said.
Montana
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
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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Montana
Las Vegas man sentenced after Helena coin shop burglary in Montana
LAS VEGAS (KSNV) — 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
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.
Montana
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.
“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.
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.
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.”
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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