Horse Creek Hills Subdivision Debated in District Court
 | Author:
Nancy Marks, Reporter
Nancy Marks: MT43 News Secretary and News Editor |
Horse Creek Hills Subdivision Debated in District Court
Nancy Marks
Reporter
District Judge Michael McMahon expects to hand down his decision soon in the lawsuit opposing the development of the proposed Horse Creek Hills major subdivision on the eastern shore of Canyon Ferry Lake.
McMahon heard oral arguments in the case in Broadwater County District Court in Townsend on Friday, February 9. Following the hearing, he told the courtroom that he would have a decision within two weeks.
The four-phase development on 435 acres would create 39 residential lots and two commercial lots for a convenience store and gas station. The Broadwater County Commission approved the project’s preliminary plat in July of 2022.
The lawsuit was filed in August 2022 by four area ranching families and Upper Missouri Waterkeeper, a non-profit conservation organization based in Bozeman. The ranchers are Tanya and Toby Dundas, Sally and Bradley Dundas, Carole and Charles Plymale, and Cody McDaniel. Defendants are Broadwater County and the Montana Department of Natural Resources and Conservation.
The plaintiffs claim that the county and the department failed to perform their respective duties to adequately consider impacts and protect water and land resources from degradation under Montana subdivision and water-use laws.
The courtroom was filled to capacity. Judge McMahon made it clear to the four attorneys who presented oral argument that he wanted no oral regurgitation of the many written briefs submitted since the lawsuit was filed.
The heart of the argument is how many domestic water wells are too many in a small area surrounded by agricultural land owned by people who have senior water rights. The subdivision also borders public lands. Subdivision developers are the Galt family of Meagher and Broadwater counties under the corporate name of the 71 Ranch.
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PhotoCredit: Photo Credits: Nancy Marks
Image 1 Caption: Upper Missouri River Waterkeepers attorney Guy Alsentzer makes his oral presentation to Judge Michael McMahon in Broadwater County District Court
Photo Credits: Nancy Marks
