Water-plant foes seek county help

Creston-area residents are hoping to halt a proposed water bottling plant through changes in county law as the project heads toward an additional review of its draft water right at the state level.

Montana Artesian Water Co., a firm owned by Creston farmer Lew Weaver, is requesting a water right to annually pump up to 231.5 million gallons of water from the underlying aquifer.

The plant, which would be capable of bottling up to 191.6 million gallons of water a year, has prompted concerns from neighboring landowners who worry that the withdrawals will negatively impact their continued access to well water.

A RECENTLY formed organization opposing the plant, Water for Flathead’s Future, is proposing that Flathead County commissioners approve a “water protection” ordinance along with a pair of interim zoning resolutions that would place a moratorium on water bottling plants.

Commission chairwoman Pam Holmquist and Commissioner Phil Mitchell both emphasized that at this point, it’s unclear whether the proposals are within the county’s legal authority. They have asked the County Attorney’s Office for a legal review of the measures.

Holmquist said if the review finds that a proposal passes legal muster, the commissioners would consider it during one of their regular meetings.

ONE OF THE interim zoning proposals would prohibit commercial water bottling facilities on unincorporated land in the county for one year, on the basis that the state’s ongoing reviews of the water right and discharge permits for the plant would not examine the potential impacts to the environment, traffic safety, controlled development and neighboring property rights.

The other would require a conditional use permit for such operations and force the permit holder to mitigate any associated impacts to private property and transportation.

In a letter submitted along with the proposals, the group’s attorney, Robert Gentry, recommended a study in the interim to consider amending the county’s growth policy or zoning the currently unzoned land in the area.

Separately, the ordinance proposal would indefinitely prohibit all commercial water bottling facilities in the county.

In his letter to the commissioners, Gentry asked them to consider implementing the recommendations through their regulatory authority “for the preservation of order and to promote the health and safety of the citizens of Flathead County.”

The proposals also could be put to a public vote as a ballot initiative by either the commissioners or a citizen petition.

Last month, the state Department of Natural Resources and Conservation deemed valid 39 of the 85 objections to the permit, meaning those objectors raised sufficient factual concerns to proceed to an administrative hearing on the preliminary permit.

Thirty of those objections came from nearby water users represented by Bozeman attorney Ryan K. Mattick. The U.S. Fish and Wildlife Service and the Confederated Salish and Kootenai Tribes also filed valid objections.

Department spokesman John Grassy said a hearing date for Montana Artesian Water Co. and the objectors has been tentatively scheduled for July 7, but it likely will be pushed back.

A state hearing examiner will review each side’s arguments, then either approve, deny or place conditions on the permit.

“The hearing examiner has the ability to modify or condition the permit, meaning he can make adjustments to the flow rate or the volume of water being requested,” Grassy said.

The water right applicant or the objectors could then appeal that decision to state District Court, he added.

Weaver’s bottling plant also needs a discharge permit from the Montana Department of Environmental Quality.

The agency expects to release a draft version of the permit later this month, after which it will be subject to a public review process.

Reporter Sam Wilson can be reached at 758-4407 or by email at swilson@dailyinterlake.com.