County closer to decision on bottling plant

A long-awaited decision on whether the Montana Artesian Water Co.’s bottling facility in Creston is in violation of Egan Slough Zoning District regulations may be near.

Last week the Flathead County Attorney’s Office responded to a recent court order filed by Flathead District Judge Robert Allison, stating the county Planning and Zoning Department is expected to issue a report of its investigation on the company on or before Friday, Jan. 4.

The court order, submitted by Allison in mid-December, originally gave county officials until Dec. 31 to provide investigation findings that the county will then use to decide whether the bottling company has infringed on zoning regulations by operating its facility.

The judge filed the order, stating the county commissioners’ delay in taking a position on the matter was “unreasonable.” Allison called for a determination on two matters: the legality of a ballot initiative to expand the Egan Slough Zoning District to encompass the property on which the bottling plant is located, and whether the county would enforce the zoning regulations, which normally restrict industrial and commercial activities within the zoning district.

The ballot initiative passed in June by a wide margin, yet Yes! For Flathead Farms and Water, an organization that led the ballot effort, said the county commissioners have “refused without explanation” to expand the district. The organization sued the county and company for violating the zoning regulations put in place by the initiative.

The citizen-driven initiative was spurred by the county commissioners’ decision to shut down a request for expansion of the Egan Slough district in 2016, when local landowners expressed extensive concerns about potential environmental ramifications should the facility be allowed to continue operations.

Concerns included the company’s right to an estimated 710 acre-feet of water annually to produce more than one billion water bottles — operations granted through a permit given by the state Department of Natural Resources and Conservation.

But in March, Allison supported concerns brought forth by local residents in his ruling. During this time, he also criticized the commissioners, claiming they had given limited attention to the concerns.

The judge found the commissioners had, in some instances, completely dismissed reports from experts that detailed environmental concerns “without providing any factual basis for doing so.”

“The Board [of commissioners] did not meaningfully address the various issues the public had cited in support of expansion,” Allison wrote in his ruling. “Since the Board failed to sufficiently consider the public comments, their decision [to reject the expansion] was unreasonable and an abuse of discretion.”

Amy Waller with Yes! For Flathead Farms and Water said in a prepared statement the organization is pleased the court is forcing the county to address the issue.

“The county has had months to address this matter. The will of voters needs to be heard.”

Reporter Kianna Gardner can be reached at 758-4439 or kgardner@dailyinterlake.com.