Latest: Montana judge rules groups of wells illegal

“Exempt well” laws in most Western states allow domestic wells to be drilled without water rights.

  • Bozeman, Montana in Gallatin Valley.

    FeetYouWear/CC FLICKR
 

BACKSTORY

“Exempt well” laws in most Western states allow domestic wells to be drilled without water rights, or even a permit in some cases (“Death by a thousand wells,” HCN, 10/19/09). These wells aren’t subject to cutbacks during drought, something that angers surface-water rights holders, who do have to cut back.  Developers started exploiting exempt wells in fast-growing, water-short areas like the Gallatin Valley in Montana, which exempts wells that pump less than 35 gallons a minute and 10 acre-feet per year. Rather than drill one well that would serve a subdivision but exceed those limits, they drilled multiple exempt wells. Originally intended to support rural homesteads, the wells were assumed to be too small to impact streamflows — something that is now disputed.

FOLLOWUP

In mid-October, a Montana judge effectively closed that state’s loophole, ruling that grouping wells for single developments violates the law’s intent. He reinstated an older interpretation that will exempt future subdivisions only if all the wells collectively meet pumping limits. That rule will stand until a state agency or the Legislature comes up with a new one.

NewTowncarShare News Classifieds
  • Southwest Borderlands Initiative Professor of Native Americans and the News Media The Walter Cronkite School of Journalism and Mass Communication at Arizona State University is...
  • AWF seeks an energetic Marketing and Communications Director. Please see the full job description at https://azwildlife.org/jobs
  • The Southwest Communications Director will be responsible for working with field staff in Arizona, Colorado and New Mexico to develop and execute detailed communication plans...
  • An intentional community designed for aging in place. Green built with Pumice-crete construction (R32), bamboo flooring, pine doors, T&G ceiling with fans, and maintenance free...
  • (CFROG) is a Ventura County, CA based watch-dog and advocacy non-profit organization. cfrog.org
  • Take your journalism skills to the next level and deepen your understanding of environmental issues by applying for the 2019-2020 Ted Scripps Fellowships in Environmental...
  • WINTER WILDLANDS ALLIANCE POSITION ANNOUNCEMENT: EXECUTIVE DIRECTOR Winter Wildlands Alliance seeks an experienced and highly motivated individual to lead and manage the organization as Executive...
  • The San Juan Mountains Association is seeking a visionary leader to spearhead its public lands stewardship program in southwest Colorado. For a detailed job description...
  • The Cascade Forest Conservancy seeks a passionate ED to lead our forest protection, conservation, education, and advocacy programs.
  • Mountain Pursuit is a new, bold, innovative, western states, hunting advocacy nonprofit headquartered in Jackson, Wyoming. We need a courageous, hard working, passionate Executive Director...
  • The Draper Natural History Museum (DNHM) at the Buffalo Bill Historical Center of the West in Cody, WY, invites applications for the Willis McDonald, IV...
  • Couple seeks quiet, private, off-grid acreage in area with no/low cell phone service and no/low snowfall. Conservation/bordering public lands a plus. CA, OR, WA, ID,...
  • 20mi N of Steamboat Springs, majestic views, aspen forest, year-round access, yurt, septic, solar electric, seasonal ponds, no covenants, bordering National Forest. Ag status. $449K....
  • Conservation nonprofit Friends of Cedar Mesa in Bluff, Utah is hiring for two positions: Communications & Development Manager/Director (remote work possible) and a Deputy Director...
  • Former northern Sierra winery, with 2208 sq.ft. commercial building, big lot, room to expand.
  • The dZi Foundation is seeking a FT Communications Associate with a passion for Nepal to join our team in Ridgway, Colorado. Visit dzi.org/careers.
  • Available now for site conservator, property manager. View resume at http://skills.ojaidigital.net.
  • Stellar seed-saving NGO is available to serious partner. Package must include financial support. Details: http://seeds.ojaidigital.net.
  • 1400 sf of habitable space in a custom-designed eco-home created and completed by a published L.A. architect in 1997-99. Nestled within its own 80-acre mountain...
  • Suitable for planting hay, hemp, fruit. Excellent water rights. 1800 square foot farmhouse, outbuildings, worker housing.