Missoula County assigns second Lower Miller Creek stormwater easement to city for planned upgrades

Missoula County commissioners approved assigning a second stormwater drainage easement in the Lower Miller Creek area to the city so the city can carry out upgrades to its stormwater management system.

County staff said the county previously assigned one stormwater easement in 2021 after much of the area had been annexed; the city has since discovered a second easement on private land west of Lower Miller Creek Road that drains into the Bitterroot River near the Rio Vista subdivision and commercial landmarks in that area. Staff told commissioners the city's stormwater utility and city attorney asked the county to assign the second easement so the city could control and manage it while performing upgrades.

John Hart explained the legal basis: while a private access easement cannot generally be assigned to another party without landowner consent, "public utility easements are one of the few exceptions" and may be assigned from one public entity to another. Staff reported no legal concern with the proposed assignment.

A motion to approve the assignment was made, seconded and approved by vote. One commissioner noted they and Ryan Sudbury had independently researched whether the county could assign the easement and concluded the assignment was permissible.

Why it matters: Assigning the easement gives the city control to perform stormwater upgrades in an area that contributes drainage to the Bitterroot River. County staff framed the assignment as consistent with prior practice and with public utility easement rules.