Clark Fork Coalition v. Montana Well Drillers Ass’n

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The Water Use Act permits certain groundwater appropriations to be exempt from the permitting process. An exception to one exemption is when a “combined appropriation” from the same source by two or more wells or springs exceeds a certain amount per year. At issue in this case was the definition of the term “combined appropriation.” After an adverse ruling from the Department of Natural Resources and Conservation (DNRC) hearing examiner, a group of senior water users (the Coalition) challenged the validity of Admin. R. M. 36.12.101(13), which states that the term “combined appropriation” means “groundwater developments that are physically manifold into the same system.” The district court invalidated Admin. R. M. 36.12.101(13), reinstated Admin. R. M. 36.12.101(7), which provided that “[g]roundwater developments need not be physically connected nor have a common distribution system to be considered a ‘combined appropriation’” and directed the DNRC to formulate a new administrative rule consistent with the court’s order. The Supreme Court affirmed, with the exception of the requirement that the DNRC initiate rulemaking, holding (1) the district court did not err by invalidating the newer administrative rule and reinstating the older rule; and (2) it was the DNRC’s decision whether to initiate rulemaking to change the reinstated rule. View "Clark Fork Coalition v. Montana Well Drillers Ass’n" on Justia Law