Montana Artesian Water Co.: Judge rules ballot initiative was lawfully enacted

A Flathead District Court judge has issued a final order in a years-long legal battle between the owners of a water bottling plant in Creston and its neighbors, ruling that a ballot initiative to expand a zoning district in that area was fair and lawfully enacted.

In his Dec. 15 ruling, District Judge Robert Allison denied Montana Artesian Water Co.’s remaining claims against a ballot initiative that was approved by 70% of Flathead County voters in June 2018. The initiative expanded the Egan Slough Zoning District in order to create more regulatory oversight of Montana Artesian’s bottling plant.

“We are very pleased with this ruling, and grateful for the immense amount of effort the court has spent on this case,” Amy Waller, a plaintiff and spokesperson for Yes! For Flathead Farms and Water, said in a press release issued Friday from the citizens group.

In 2018 Yes! For Flathead Farms and Water and Waller sued Montana Artesian, along with the Flathead County commissioners, the Planning and Zoning Department and City-County Health Department over the validity of the initiative. Montana Artesian then filed several counterclaims and has asserted the bottling plant is a pre-existing non-conforming use because it was established prior to the creation of the Egan Slough Zoning District.

The judge’s order holds that the initiative was fair and lawfully enacted, serves the public interest and recognized again that the zoning district addition serves to "preserve the rural nature of the property, limit commercial activity, protect natural resources such as water, clean air and noise, emphasize the self governance principle at the heart of an initiative, impose restrictions on the subdivision of property,” the press release states.

Over the course of the litigation, the court had ruled the initiative was legal, could not be considered “reverse spot zoning”; and did not constitute a ‘taking’ of a private property interest under the constitution.

Judge Allison’s ruling resolves all remaining issues before the District Court, according to the citizens group.

In his order denying the final crossclaims by Montana Artesian, Allison’s summary notes “the county commissioners ‘may’ appoint a planning and zoning commission, which, if appointed, would have various duties including adoption of a development pattern.

“In response to the June 21, 2018 initiative, the commissioners have done nothing, but may act in the future,” Allison wrote. “The absence of a development plan is irrelevant, may exist in the future should the commissioners’ indifference be abandoned in the face of continued growth, and is addressed de facto by the Egan Slough zoning district regulations.”

Montana Artesian owners have not yet commented on the latest court ruling. The company's website indicates the plant is operating and taking orders.

"For more than four years, the project has been working its way through the permitting process, during which state regulatory offices reviewed the legal and technical aspects of our proposed project, as well as the social, economic and environmental impacts that may result from our use of the water," Montana Artesian's website notes. "The regulatory offices have found no significant negative impacts after two years of water bottling operation. Artesian water bottling is a clean manufacturing business, and a necessity during times catastrophic events."