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Montana judge strikes down a proposed subdivision in Broadwater County

Graphic: Montana news from Montana Public Radio

A Montana district court judge struck down a proposed subdivision in Broadwater County because there wasn’t enough water to support the development.

Judge Michael McMahon issued the ruling this week. He said Broadwater County and the Montana Department of Natural Resources and Conservation (DNRC) approved a subdivision without considering the impact on groundwater.

He said for years DNRC has approved developments without adequately evaluating water availability.

Guy Alsentzer is the executive director of Upper Missouri Waterkeeper and attorney for the plaintiffs.

“You can't avoid the question of whether or not you have an adequate water supply for a new subdivision. If you don't have a legal right to water, then you simply can't build,” Alsentzer said.

DNRC said it’s reviewing the ruling.

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