The Clark Fork Coalition is concerned that a "loophole" in Montana's water permitting process is threatening our water rights, rivers, and ranches. In Montana, groundwater wells that pump less than 35 gallons per minute and produce less than 10 acre feet of water a year are not required to get a permit and are not monitored. Historically, these “exempt wells” have been used in rural areas to provide drinking water for homes, or irrigation water and stock water to farms and ranches. This makes sense.
Over the past two decades, though, residential subdivision developments and other large industrial projects have installed "exempt wells" to circumvent the state's water right permitting and mitigation requirements for using water in basins closed to new water rights -- like the Upper Clark Fork and Bitterroot.
This means that hundreds of exempt wells can come online in already over-tapped areas, without any reassurance that this new water use will not decrease the water available for senior water right holders. By taking advantage of a loophole in Montana's rules, developers can put in hundreds of wells without a permit -- as long as the wells are not piped together.
After three years of delay and political maneuverings, DNRC began the rulemaking process in August 2013 and will take public comments on the proposed rules until Thursday, September 19 at 5:00 pm. Read the proposed rules here. And FAQ provided by DNRC here.
CFC likes the proposed rules because they: (1) Protect existing water rights and instream flows (2) Allow for continued use of exempt wells by new and existing subdivisions (3) Prevent the cumulative impact of multiple exempt wells being used without a permit and mitigation plan.
Unfortunately, the Environmental Quality Council (EQC) voted on September 12, 2013 to delay the final adoption of DNRC’s proposed rules for at least 6 months. As the low water year of 2013 has clearly demonstrated, our streams and creeks need running water more than ever. Any proposed new large water use must prove that water is physically and legally available before they can be allowed to tap an already over-appropriated system. If the State of Montana continues to waiver on solving the problem of exempt wells, than existing water users (like ranchers, recreationists, cities and towns), will continue to see their once secure water rights trickle away.
The Clark Fork Coalition is one of many Montana landowners who are concerned that the "exempt well loophole" is threatening our water rights and rivers. We hold a number of senior water rights to irrigate 200 acres of crops on CFC's Dry Cottonwood Creek Ranch, as well as several in-stream flow rights on dewatered creeks throughout the basin.
This graph illustrates the number of exempt wells per closed basin.
Learn More About Our Request to the DNRC:
READ THE ORIGINAL PETITION FROM MONTANA IRRIGATORS to the Montana Dept. of Natural Resources. This petition, filed by five water right holders around Montana, requested that the DNRC change a rule that allows multiple small individual wells to be drilled without first obtaining a permit and without any review of their impact on other water right holders or nearby streams and groundwater.
READ THE 9/14/10 PRESS RELEASE that describes the decision made by the Coalition and other ranchers to ask the Montana District Court to review the DNRC decision.