The Montana Natural Resources and Conservation
or
DNRC
The DNRC and Water Permitting in Eastern Montana
The Montana Department of Natural Resources and Conservation (DNRC) is responsible for managing and protecting Montana’s water resources. Through its Water Resources Division, the DNRC also oversees water permitting.
Currently, the DNRC is pushing a water permit—Application 42M 30163320—that would allow Big Horn Leasing LLC to extract 75 million gallons of groundwater per year from a site located along Highway 200 in Richland County, Montana. This water would be used for fracking.
At the same time, the DNRC provides financial and support to the Dry-Redwater Regional Water Authority (DRWA)—a regional water project seeking to bring treated water to parts of eastern Montana. DRWA claims There is a "NEED" for clean drinking water and references the SchMart estates as "languishing without water." These two properties are lell than half a mile from each other. Even less if you go from property line to property line instead of the wells.
Our Community Awareness Campaign
Objectors Receive a Deficiency Notice!
Many local residents submitted formal objections to Big Horn Leasing’s water permit application. However, every single objection was denied. Below is an example of the reasoning provided in the official Objection Deficiency Notice:
While Big Horn Leasing had direct support from the DNRC in preparing their application, objectors were held to an unreasonably high standard. The DNRC requires individual citizens to provide technical data such as “quantitative modeling,” aquifer characteristics, discharge measurements, and hydrogeologic analysis—essentially asking everyday well owners to model the aquifer themselves.
Adding to the concern, the DNRC’s own permit review relied on data from wells located miles away and over 400 feet lower in elevation, using the Yellowstone River—six miles from the site—as the hypothetical depletion source. This is physically and geologically inaccurate, as the Yellowstone is not the source of the shallow aquifer these wells draw from.
Despite this flawed approach, the DNRC demanded “facts” from senior well owners more than 25 times in a single objection notice—shifting the burden of proof to the public.
Quotes from The Objection Deficiency Notice
"Probable believable facts adequate to support an objection typically include published studies, well data, discharge measurements, hydrogeologic information, aquifer lithology, groundwater models, diversion capacity and infrastructure, water chemistry information, or other credible evidence. In addition, the objector must demonstrate how the facts support the contention that the criteria cannot be met."
"The Objection must provide sufficient credible data to support a reasonable legal theory that the water quality of a prior appropriator will be adversely affected if this application is granted. Facts provided should include but are not limited to basic groundwater information such as water quality, flow rate, flow direction, and hydrogeologic characterization. Additionally, the Objection must provide forward looking quantitative groundwater modeling demonstrating that further depletion of said aquifer would increase levels of contamination"
"This will be the only opportunity for you to provide the required information to the Department.
If the information is not received by the Department or postmarked within 15 business days of the date of this letter, the objection is terminated"
Read The DNRC Objection Deficiency Notice
Click Link below to read the entire document
Picture: Empty SchMart Estate Home With Big Horn Leasing Buildings in the Background
These two properties on Highway 200 are less than half a mile apart:
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Big Horn Leasing – Where the DNRC is assisted with the permit paperwork for Big Horn Leasing and already given them a determination to grant, to extract 75 million gallons of potable drinking water per year for commercial use.
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SchMart Estates – A subdivision with 2 unoccupied homes and 27 vacant lots that, according to DRWA, “languished without a water source.”
At the same time, the DNRC has “partnered” with DRWA, has granted funding, attends their monthly meetings, etc.
Dry- Redwater Meeting Minutes ~ February 19, 2025
“New Business: ARPA Funding Update: ARPA Funds are will be drawn from soon. DNRC and Richland County ARPA Funding will go towards DRWA’s Highway 200 West Extension, which is to begin construction Spring 2025.”
DRWA plans to use ARPA (government) funds to bring clean drinking water to SchMart Estates and Highway200— creating a scenario where one government agency permits the water away, and another brings it back in a pay by the gallon regional water system.
Pictured: Big Horn Leasing’s Holding Pits – Containing, We Believe, Millions of Gallons of Water
In 2024, local residents reported that Big Horn Leasing pumped water without a permit and that their wells were adversely affected. The DNRC ignored these complaints and instead assisted Big Horn Leasing with their permit application — even issuing a preliminary determination to approve it.
Although 21 residents filed formal objections, the DNRC disqualified 3 and sent deficiency letters to the rest. One of these letters, can be viewed on our website, wanted “proof” from the objectors 25 times, including modeling the aquifer
Forms and Documents
Click on the links to take you directly to the form, website, or page you need.
Form 611, is what you need to file an Objection to Application for water rights. Click link below to access this form
Read the Water Rights Permit Application submitted to the DNRC click on the link below for the PDF
Form 609, is a water use complaint form. If you have witnessed a misuse of water or have a complaint. Click link below for this form.
Read the DNRC Preliminary Determination to Grant Permit Click on the link below for the PDF
Read the Environmental Assessment from the DNRC about the impact to the area. Click the link below for the PDF
Read the Water Well Drilling Document from the DNRC. Click the link below for the PDF