Exempt Wells
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Help protect clean water and water users: Comment today on exempt wells In Montana, wells that pump less than 35 gallons a minute and produce less than 10 acre feet of water a year are "exempt wells," and the state does not analyze how the well might decrease supply to rivers, streams, and other water rights holders. In response, the Coalition teamed up with water rights holders across the state to ask the state's Department of Natural Resources and Conservation (DNRC) to set aside the problematic "exempt well rule," and draft a new rule that meets Montana's water needs while also protecting our valuable resources. In a victory for our shared water supply, a 2010 Montana state court decision directs the DNRC to consider the "collective impacts" to the water resource that result from multiple, unconnected exempt wells pumping water for a single project-- i.e., a subdivision. Weigh in today to protect our water supply: Now, the Montana State Legislature's Water Policy Interim Committee is charged with producing "clear policy direction and necessary legislation to guide Montana's policy" on exempt wells. As part of this effort, the Committee is seeking public comment on 5 proposed bill drafts related to exempt wells. These bills may be introduced during the 2013 Legislative Session. Read the bill drafts here. These bills will be presented at public meetings in Kalispell on June 20 and in Hamilton on June 21 at 7pm. If you can't attend, you can This e-mail address is being protected from spambots. You need JavaScript enabled to view it comments or address letters to: Water Policy Interim Committee, Rm. 171B, State Capitol Building, P.O. Box 201704, Helena, MT 59620-1704.
What is an exempt well? A water well that pumps at a rate of less than 35 gallons per minute and produces less than 10 acre feet of water a year (enough for approximately 5-10 households per year) does not require a state permit prior to drilling -- this means the wells not analyzed for how the withdrawl might impact local streams, ranchers, or other water users. There are more than 113,000 exempt wells statewide. About 56,000 exempt wells have been drilled since 1991, and 26,000 of those were drilled for domestic purposes in areas of the state that are closed to new surface water appropriations. What can I do? The Water Policy Interim Committee (WPIC) is seeking public comment on 5 proposed bill drafts related to exempt wells: LC 8000 - Define combined appropriation and require CGWA mitigation Description of bill: CFC take: Read the draft bill Description of bill: CFC take: Read the draft billLC 8002- Reduce exempt well rate and volume Description of bill: CFC take: Read the draft bill
Description of bill: CFC take: Read the draft bill
Description of bill: CFC take: Read the draft billThe Clark Fork Coalition is one of many Montana landowners who are concerned that a "loophole" in the state's water permitting process is threatening our water rights, rivers, and ranches. We want to make sure that the exemption is for one well at a time, as the law intends. We hold a number of senior water rights to irrigate 200 acres of crops on CFC's Dry Cottonwood Creek Ranch, as well as several in-stream flow rights on dewatered creeks throughout the basin. Last fall, the Coalition teamed up with water users from the Yellowstone and Gallatin basins to ask the DNRC to set aside the problematic "exempt well rule," and draft one that meets Montana's water needs while also protecting our valuable resources.
This graph illustrates the number of exempt wells per closed basin. In November 2010, a Montana state court judge signed off on an agreement reached by ranchers and the Montana Dept. of Natural Resources and Conservation (DNRC) to amend the rule that governs permit-exempt water wells. In this victory for the river, DNRC must now consider the "collective impacts" to the water resource that result from multiple, unconnected wells pumping water for a single project-- i.e., a subdivision. As a result of the Montana state court decision, five water right holders from the Yellowstone, Gallatin, and Clark Fork River basins agreed to dismiss their lawsuit, which had asked the Montana District Court to review a recent decision from the DNRC upholding the Department’s “exempt well rule.” Read the full press release. Exempt Wells In The News: November 18, 2010: DNRC Reaches Water-Rights Agreement with Ranchers (Helena Independent Record) November 16, 2010: DNRC, Ranchers Agree on New Water Appropriation Rule (Ravalli Republic) (Missoulian) October 6, 2010: Water Struggles Not Drying Up for Senior Water Rights Holders (Prairie Star) August 20, 2010: Montana Homebuilders Win Battle in Long-Running Well War (NY Times) August 19, 2010: DNRC Ruling "Taps" Some MT Senior Water Right Holders (KPAX Missoula) December 2, 2009: Montana Ranchers Seek to Curb Residential Wells Learn More About Our Request to the DNRC: READ the final settlement with DNRC READ THE ORIGINAL PETITION FROM MONTANA IRRIGATORS to the Montana Dept. of Natural Resources. This petition, filed by five water right holders around Montana, requested that the DNRC change a rule that allows multiple small individual wells to be drilled without first obtaining a permit and without any review of their impact on other water right holders or nearby streams and groundwater. DNRC Response to Comments on Exempt Well Petition DNRC Declaratory Ruling on Exempt Wells READ THE 9/14/10 PRESS RELEASE that describes the decision made by the Coalition and other ranchers to ask the Montana District Court to review the DNRC decision. DOWNLOAD THIS REPORT on the effects of exempt wells on existing water rights
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