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Broadwater County And DNRC Sued Over Horse Creek Subdivision

 

Author:
Nancy Marks
Nancy Marks: MT43 News Secretary and News Editor


Several neighbors of the Horse Creek Hills Subdivision have filed a lawsuit against Broadwater County and the State Department of Natural Resources and Conserva­tion for approving the subdivision’s 41 individual water wells. The lawsuit was filed by Upper Missouri Water Keeper, Inc., a nonprofit out of Bozeman.

According to one of the adjoining neighbors, Carole Plymale, the biggest issue with the proposed subdivi­sion is the all the water wells. “The people who were responsible for proper testing to see what affect all those wells would have on the aquifer did not do their job,” she said. Tests need to show whether the water wells would hurt the historic water rights of those landowners above and around the subdivision ground.

A second issue Plymale pointed out is that Lower Dry Creek Rd. was removed from the road upgrade plan for the subdivision. “The developers did the study during the wintertime when traffic is practically nonexistent. Summertime is when we see a huge amount of traffic on a road full of blind curves and 90 degree corners. And yes, the people who live in the subdivision will use that road, even though they have other access,” she said.

County Commissioner Darrel Folkvord declined to comment on the lawsuit.

No hearing date has been set