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Planner warns DNRC review, court ruling limit water for many post-2014 lots; legislative fix needed
Summary
Broadwater County's community development director told the planning board that a Feb. 14, 2024 court ruling and a DNRC review mean many lots created after 2014 are tied to a single 10 acre-feet allotment from the parent parcel, potentially constraining development and requiring legislative action to resolve.
Nicole Brown, Broadwater County's Community Development Director, told the planning board on Nov. 10 that a court ruling and a follow-up Department of Natural Resources and Conservation (DNRC) review have narrowed how water rights are interpreted for many subdivisions created after 2014.
"As of 02/14/2024, when Judge McMahon made his ruling on the Upper Missouri Waterkeepers versus Broadwater County and DNRC, it stated that ... any parcel created in 2014 and on, they have 10 acre feet of water," Brown said. "No matter how many times you split it, you only have 10 acre feet of water."
Brown said DNRC performed a "look back" across several counties and…
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