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Committee discusses converting surface water rights to subsurface or in‑stream flow; city attorney to follow up

Red Lodge Public Works Standing Committee · July 28, 2026
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Summary

Public Works Director Mike Maple and committee members discussed converting surface rights (Remington Ranch) to subsurface or in‑stream flow to avoid forfeiture; Maple said the new city attorney, Skyler, will research legal timing and whether leasing for interim flows is possible.

Committee members and Public Works Director Mike Maple discussed options to preserve surface water rights tied to Remington Ranch by converting them to subsurface use or dedicating rights to in‑stream flow. Maple said DEQ and others had raised the issue of “use it or lose it” and that conversion is a possible mechanism but may face objections; he reported he had asked the city’s new attorney, Skyler, to consult with staff (Scott) and provide guidance.

“Based on my conversation with Destin, we do have the potential to convert those into subsurface rights,” Maple said, adding that the conversion’s feasibility “depends on if there’s objections to it or not.” Committee members expressed concern about permanently selling water rights; one member said the group should avoid giving up the rights outright and favored temporary leasing if any financial value is realized.