Mitigating for Growth: A Blueprint for a Ground Water Exchange Pilot Program in Montana

Abstract

Over the last decade, Montana's fastest growing basins have experienced a surge of reliance on a certain “permit‐exempt well loophole,” which enables small ground water diversions to avoid having to go through the regulatory process that determines whether the proposed use would adversely impact senior water users and ground water supply. This loophole has generated significant conflict with senior right owners in areas where exempt wells have provided water for large‐scale residential developments. As a partial solution, this article examines ground water mitigation exchanges designed to address similar issues in Washington and presents the 63rd Montana Legislature with recommendations for a Montana pilot project.