Judge denies motion on bottling plant

In denying a motion for summary judgement in late November, a Flathead County District Court Judge ruled there is currently insufficient evidence to show the county acted outside of its purview in January when officials determined a controversial water bottling facility in Creston is grandfathered in.

A citizens group called Yes! For Flathead Farms and Water and the Egan Slough Community had sought summary judgement in their favor on multiple counts in an ongoing lawsuit against several county departments, the Flathead County Commissioners and the Montana Artesian Water Co.

Egan Slough and the citizens group had asked Judge Robert Allison to essentially reverse a decision made by the Flathead County Planning and Zoning Department on Jan. 3 that states the contested Creston bottling facility is a legal, non-conforming use.

But Allison stated in his ruling, “the Court finds insufficient evidence to allow it to conclude the FCPZ [Flathead County Planning and Zoning] office abused its discretion in determining MAWC’s [Montana Artesian Water Co.] land use as a water bottling facility is a legal, nonconforming use…”

In a Facebook post from Yes! For Flathead Farms and Water, the group stated disappointment with the Allison’s decision, but added, “we will be evaluating our options with our lawyers, including an appeal to the Montana Supreme Court.”

The leg of litigation involving Flathead County Planning and Zoning can be traced to late June of 2018 when legal counsel sent a letter to the county asking that Egan Slough Zoning District Regulations be enforced at the bottling facility.

Weeks before the letter was sent, a ballot measure expanding the Egan Slough Zoning District to encompass the bottling plant property passed with 70% voter support. The zoning places tight restrictions on commercial and industrial land uses. The new zoning designation and accompanying restrictions were something opponents to the plant hoped would halt operations at the facility, which is capable of producing more than one billion bottles of water per year when running at full capacity.

The letter urging the county to apply the Egan Slough zoning regulations prompted an investigation from the Planning and Zoning department. After more than six months of investigation, the department determined the facility to be legal and non-conforming, meaning operations could continue and the plant was grandfathered into its prior zoning district.

After the county concluded its investigation in January, Darryl James with Montana Artesian said the citizens group and Egan Slough had used a “legitimate planning tool as a sledge hammer to stop a project,” adding that he believed the county “rose above the fray” in its decision-making.

Lew Weaver, owner of Montana Artesian, also said in January that he was pleased with the findings of the investigations, stating it was “great news and should give the court what they need to wrap up legal proceedings.”

However, according to Yes! For Flathead Farms and Water, the legal battle is far from over.

“As we proceed with the pending litigation, including the option of proceeding to the Supreme Court, the big questions now relate to how the Egan Slough Zoning Regulations limit MAWC’s operation. We deserve clarity and finality on this issue,” the Facebook post reads. “We will continue to pursue through legal means the protection of our agricultural lands, our wells, lakes and fisheries.”

Reporter Kianna Gardner can be reached at 758-4407 or kgardner@dailyinterlake.com