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Groundwater Debate Resurfaces at Montana Legislative Assembly


In February 2023, a late-night legislative hearing took place in Montana on a water policy proposal that aimed to expand developers’ access to groundwater. The proposal faced opposition from agricultural producers and conservationists who argued that it would negatively impact existing water users and industries like agriculture and outdoor recreation.

A court case involving the Horse Creek Hills development highlighted the ongoing debate over groundwater access in the state. The court ruled in favor of challenging the project, emphasizing the need to protect senior water rights holders and comply with Montana’s Water Use Act.

In response to these challenges, a stakeholder working group developed a proposal to clarify the use of exempt wells in residential subdivisions. The proposal, which involves various restrictions and allocations based on aquifer availability, aims to address water supply and contamination issues while balancing the interests of different stakeholders.

However, opinions on the proposal remain divided, with some stakeholders viewing it as a necessary compromise for managing groundwater resources, while others criticize it as favoring developers over private property rights and environmental concerns.

As the proposal moves forward for legislative consideration, stakeholders are optimistic about its potential impact on resolving the contentious issue of groundwater management in Montana. Despite challenges and differing perspectives, there is hope that a comprehensive solution can be reached to protect water resources while meeting the growing demand for housing in the state.

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