Testimony reviewed, but no vote taken

As directed by a court order, the Flathead County commissioners spent about three and a half hours last week reviewing the audiotape of a public hearing and subsequent commission discussion about a petition to expand the Egan Slough Zoning District.

It’s unknown, though, when the commissioners will cast another vote on the petition, because the court order didn’t indicate a deadline for doing so.

“We’ve taken it under consideration,” Commission Chairwoman Pam Holmquist told the Daily Inter Lake. “We listened to the hearing and discussion, and then we have to think about all that and probably meet again.”

County Administrator Mike Pence said he also doesn’t know when the commissioners would put it on the agenda for consideration and a vote.

Meanwhile, a ballot initiative in the June 5 primary election asks voters to decide whether currently unzoned property should be added to the Egan Slough District. The district was created in 2002 and is subject to the Egan Slough zoning regulations limiting allowable uses and requiring an 80-acre minimum lot size.

If voters approve the initiative, 530 acres — including the water-bottling plant site — will be immediately added to the Egan Slough Zoning District, according to the wording of the ballot issue. The district currently contains 1,150 acres of largely agricultural land near Creston.

In 2016, Egan Slough residents petitioned to expand the area’s agricultural zoning district to include the controversial Montana Artesian Water Co. bottling plant property. The commissioners rejected their proposal, drawing a lawsuit from the Egan Slough Community, a citizens’ group, asking the court to declare the commissioners’ decision unlawful and an abuse of discretion.

Earlier this year District Judge Robert Allison sided with the Egan Slough group, remanding the decision to the commissioners for further consideration.

In his ruling, Allison found the commissioners had given insufficient heed to the concerns raised by citizens who provided public comments.

“The Board [of Commissioners] did not meaningfully address the various issues the public had cited in support of expansion and why expansion would not benefit the public on these issues,” he wrote. “Since the Board failed to sufficiently consider the public comments, their decision [to reject the expansion] was unreasonable and an abuse of discretion.”

Allison proceeded to give instances where the commissioners appeared to sidestep or overlook the issues raised in the comments. When concerns were raised about water quality, he noted, they deferred to state agencies and “made no findings of fact whatsoever.” In some cases, the judge found they had dismissed expert reports “without providing any factual basis for doing so.”

The ruling also challenged the commissioners’ reasons for denying the petition. Those reasons included Montana Artesian founder Lew Weaver’s rights as a property owner.

In January the Montana Department of Natural Resources and Conservation granted Montana Artesian Water Co. a water-use permit to withdraw 710 acre-feet of water per year for its Creston-area bottling facility.

Prior to the review of the public hearing and commission discussion, several supporters of an expanded Egan Slough Zoning District commented during the regular 15-minute public comment session.

Amy Waller, who lives on Egan Slough Road and has led the legal challenge over the zoning district petition, asked the commissioners to keep an open mind.

“I have a request, [that] when you look out at citizens you do not see us as the enemy, that you see us as the citizens you represent,” Waller said.

“I know property rights are a real concern, but ask about property rights for other people,” she continued. “Don’t listen to the tape looking for reasons you can deny this petition.”

Carol Sugarman told the commissioners “it’s never the wrong time to do the right thing.”

Features Editor Lynnette Hintze may be reached at 758-4421 or lhintze@dailyinterlake.com.