This brief was filed by the Montana League of Cities and Towns in support of the Court’s ruling.
In this brief, the MLCT makes the argument that Montana municipalities supply drinking water to Montana’s citizens, and they hold water rights to that resource.
Encouraging residential development without requiring a water permit jeopardizes Montana cities’ and towns’ continued ability to exercise their historic water rights in the order of priority to which they are constitutionally entitled. Montana municipalities are the primary providers of drinking water for Montana citizens. Of the ten largest communities in Montana, only Missoula does not supply domestic uses from a city-owned water utility.
The vast majority of Montana businesses large and small receive water for business and industrial uses from municipal water systems. Montana municipalities have senior rights for their municipal water systems in both ground and surface water. A proliferation of unpermitted exempt wells can adversely affect both kinds of municipal rights, either by drawing down aquifers in which municipal ground water rights exist or by reducing groundwater migration to surface waters in which municipalities hold rights.
The MLCT also makes the observation that exempt wells and individual septic systems go together. Since exempt wells require no permit, the proliferation of individual septic systems come on the heels of exempt wells, which places a heavy burden on municipalities for increasingly expensive water treatment systems.
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