Missoulian: Montana
Supreme Court rules against water well 'loophole'
Clark Fork Coalition v. Montana Well Drillers
Clark Fork Coalition v. Montana Well Drillers
“The Act permits certain groundwater appropriations to be
exempt from the permitting process. Relevant here, § 85-2-306(3)(a)(iii), MCA,
provides an exemption when a groundwater appropriation does not exceed 35
gallons per minute and 10 acre-feet per year. However, the subsection also
provides an “except[ion]” to the exemption when a “combined appropriation” from
the same source by two or more wells or developed springs exceeds 10 acre-feet
per year, regardless of flow rate.”
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