Judge overturns water rights decision for proposed Broadwater County subdivision
A district court judge in Broadwater County handed a victory to a group of water rights holders and landowners on the east side of Canyon Ferry Reservoir in a decision the plaintiffs say could have broad impacts to water rights and subdivision development in Montana.
District Court Judge Michael McMahon’s 85-page order issued Feb. 14 is sharply critical of the Broadwater County commissioners and the Department of Natural Resources and Conservation.
McMahon hit the county for its preliminary approval of the Horse Creek Hills subdivision proposed by developer 71 Ranch despite an environmental assessment that failed to account for multiple water and natural resources impacts, and the DNRC for what he said was the department’s ignoring Supreme Court precedent surrounding water rights exemptions for subdivisions.
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