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Town well nearly ready, but state land‑use agreement stalls over private owner’s refusal
Summary
Bicknell’s new well and controls are largely complete but the state requires landowners in source‑protection zones to sign land‑use agreements before issuing an operating permit; one private owner (referred to as David) has declined, prompting a planned site stakeout and a field meeting with state drinking‑water staff and affected owners.
Bicknell’s nearly completed municipal well is ready to be turned on, but the town cannot obtain a drinking‑water operating permit until landowners inside the well’s source‑protection zones sign land‑use agreements, town staff told the council on March 5.
"Everything is done minus one thing...controls and everything's there ready to literally flip one switch to auto," Kelly (the town’s water project lead) said, describing installed pumps and automatic cycling. Kelly told the council the Division of Drinking Water requires a signed land‑use agreement from property owners within designated source‑protection zones before issuing an operating permit.
Kelly explained the preliminary evaluation established zones 1 and 2 around the well; zone 1 lies within the fenced pump area and zone 2 extends outside (roughly a few hundred feet from the well, depending on aquifer characteristics). "Any landowners within those zones need to sign a land‑use agreement saying that they won't have potential...contamination sources in those zones," Kelly said.
Most of Zone 2, Kelly said, lies on Bureau of Land Management (BLM) land, but a private owner identified in the discussion as David has not been willing to sign the agreement. Council members and staff discussed grazing and whether routine cattle grazing qualifies as an animal feeding operation under the state definition; the town emphasized the list of restricted activities is long (Kelly said the list includes about 59 items such as boat refinishing and dry‑cleaning operations) but that routine grazing without a concentrated feedlot typically does not trigger the restriction.
Because of the owner’s reluctance, the council agreed to two near‑term steps: visually stake the boundaries of Zone 1 and Zone 2 on the ground to remove confusion about where restrictions would apply, and schedule a field meeting that includes David and Coral (trustees), representatives from the Division of Drinking Water (John was identified as a state contact), and town staff to discuss the restrictions in person. Council members discussed possible dates and tentatively agreed to seek an afternoon meeting around March 25 so state staff can attend.
Why it matters: The town has significant funds tied to the water project and needs the operating permit to place the well in service. A single holdout on signing a land‑use agreement could delay issuance of the permit and operation of the well unless the Division grants an exception or the parties reach an agreement.
What’s next: The town will stake the source‑protection zones visibly, invite affected landowners and state staff to a field meeting, and pursue negotiation before seeking alternative administrative solutions or exceptions from the Division of Drinking Water.
