Montana Supreme Court Pulls Plug On Rule Easing Groundwater Access
(September 15, 2016, 1:20 PM EDT) -- HELENA, Mont. — The Montana Supreme Court on Sept. 13 ruled 6-1 that a district court didn’t err in finding that an administrative rule about “combined appropriation” of groundwater is invalid and reinstating the previous ruling (The Clark Fork Coalition, et al. v. John E. Tubbs, et al., No. DA 14-0813, Mont. Sup.; 2016 Mont. LEXIS 809).
(Opinion and dissent available. Document #95-161013-002Z.)
The majority did vacate the district court order that the Department of Natural Resources and Conservation (DNRC) formulate a new administrative rule consistent...