A Flathead County District Court judge ruled that the state had unlawfully granted a permit for a water bottling plant in the Creston area.

The permit is required for the Montana Artesian Water Company to discharge its wastewater into the Flathead River from its plant.

District Court Judge Amy Eddy issued a ruling on Dec. 29 saying the State Department of Environmental Quality illegally granted the discharge permit after failing to assess the potential environmental impact resulting from the operations of the water company.

The nonprofit Water for the Flathead’s Future, along with residents Amy Waller, Steven Moore, and Cynthia Edstrom, are suing the State Department of Environmental Quality and the Department of Natural Resources challenging the two permits – for water use and wastewater discharge – state agencies issued allowing the water company to operate its bottling plant.

Justice Eddy ruled that the discharge permit should be rejected after DEQ failed to comply with the Montana Environmental Policy Act when reviewing the permit.

In August, the water group asked the court to revoke the two permits after the Montana Supreme Court ruled it was an appropriate remedy for violating state environmental law.

A district judge in Helena this fall said the state DNRC erred when it issued a water license to the Montana Artesian Water Co. in 2017, saying the Montana Artesian had not provided sufficient data, required by the DNRC’s own rules, for the agency. carry out a valid scientific analysis and justify the issuance of the permit.

In July 2021, Eddy found that the DEQ had falsely granted the company a wastewater discharge permit after an “arbitrary and capricious” review process. Eddy referred the two bottling plant permits back to the DNRC and DEQ to correct deficiencies in their environmental reviews, saying the DEQ did not look “closely” at the environmental impacts of the issuance of the permit. sewage despite concerns raised by US Fish and Wildlife. Service and the US Environmental Protection Agency.

The bottling plant has been involved in litigation for several years with opposition from neighboring landowners, Water for Flathead’s Future and the Flathead Lakers.

IN A RELATED In this case, the Montana Supreme Court is scheduled to hear arguments on Jan. 19 regarding appeals from a previous Flathead District Court ruling that found that a ballot measure to limit land use along d ‘Egan Slough in the Creston area, including the bottling plant, was legal. Voters approved the measure to limit land use in the Egan Slough Zoning District, but the county allowed the bottling plant to continue operating.

The trial began in 2018 when Egan Slough’s community, Yes! For Flathead Farms and Water and Amy Waller filed a lawsuit against the Flathead County Commission, the County Planning Department, the Flathead City-County Department of Health and the Montana Artesian Water Company.

The county claims the plant is being cultivated as an improper use. The water company maintains that the new zoning district is illegal.

Editor-in-Chief Heidi Desch can be reached at 758-4421 or [email protected].