© 2023 Concerned Citizens of Western Montana

This post pertains to those who filed an objection to the Flathead Water Compact decree with the Montana Water Court on or before February 9, 2023.

We’d like to follow up to provide additional information about the Montana Water Court’s Case Management Order #1, issued by the court on March 3rd. 

March 3, 2023 Montana Water Court: Case Management Order #1

According to the order, the Water Court provides a few electronic avenues for access to documents and notifications on their website as follows:

  1. The docket numbers and the names of the Objectors may be viewed on the FCE public portal, which is linked on the Court’s website. (https://courts.mt.gov/courts/water/). Note: This source of information requires that you contact the water court and complete an application for access to the public portal.  The state charges a small monthly fee for access to this portal, fond at the following link:  FCE Public Portal
  2. A copy of the WATER RIGHTS ADJUDICATION RULES is available on the “legal resources” page of the water court website.  For your records, here are links to the  Legal Resources Page that the water court referred to.     
  3. The order also notifies the public that “this Case Management Order has been served on all other Objectors. Pursuant to Rule 5(c),M.R.Civ.P.  A copy of the complete Master Service List and other Water Court Documents pertaining to the Flathead Water Compact Decree is available at https://courts.mt.gov/Courts/Water/Notices-Info/cskt

For your reference, here is a list of the self represented litigants not listed on the Court Order but to whom service was provided:

SRL Service List

According to the Case Management Order, here are links to the documents mentioned by the Water Court on Page 2 of the Case Management Order #1 under the Rules Governing this Procedure:

Timeline Established in the Order

March 22, 2023 10:00 am: Initial Case Management Conference via zoom call.

Note that this conference is limited to a discussion of procedural items. The conference is not a hearing on the merits of any objection. Participation at the conference is optional for Objectors. A representative for each of the Compacting Parties must attend the conference.

March 15, 2023 

Parties other than legal counsel for the U.S, CSKT and Montana who intend to speak at the conference must notify the Court not later than March 15, 2023. The notification must state the reason for the request.

The Date for the Mediation Settlement Process will be determined after the Initial Case Management Conference on March 22, 2023

Settlement process. Pursuant to Water Rights Adjudication Rule 16(b), which authorizes the Water Court to appoint a mediator, the Court appointed Senior Water Master Madeleine Weisz as the mediator to promote and facilitate settlement of objections.

Following the initial Case Management Conference, the mediator will set a schedule and process for resolution of objections. This process will include the opportunity for each Objector to resolve their objections with the Compacting Parties. The settlement process will include opportunities for both in person and online settlement conferences.

According to the water court order, the mediator cannot compel a settlement.

We are not attorneys, but believe that this may mean that the mediation is non-binding, and that you cannot be forced into a settlement.  However you are required to participate in this Settlement Track in order to move forward to the Hearing Track of the Process.   

We believe the goal of the court is to eliminate as many objections as possible via the mediation process.

IMPORTANT:  We strongly suggest that in order to protect your objection, your right to appeal, and right to participate in further proceedings, that you seek clarification from the water court as to what the Settlement Track entails. 

For example it’s important to know whether a “settlement” at this stage of the process will have the effect of adjudicating your water rights in this proceeding.  In other words if you “settle” in mediation, does that mean you will not be able to participate in the state wide adjudication proceeding for your basin going forward?

You also need to understand your rights to appeal any outcome from this stage of the process.

Such clarification will help you decide whether the “settlement track” will satisfy your needs, or if you choose to not settle during mediation, and move forward to the “Hearing Track.”

THE COURT WILL DISMISS THE OBJECTIONS OF OBJECTORS THAT DO NOT PARTICIPATE IN THE MEDIATION SETTLEMENT PROCESS.

October 3, 2023 10:00 a.m. Mountain Time – Hearing Track Scheduling Conference

Following the completion of the settlement track, the resolution of any remaining objections will proceed on a hearing track. The Court sets.  The Court will provide instructions to access the conference in a subsequent order.

Details for March 22, 2023 Initial Scheduling Conference

We have added a NOTICES page to the blog, and will do our best to provide updates concerning the process on that page.  You can access the Notices page by clicking on the link at the top of every blog page.

Here are the instructions for attending the Initial Scheduling Conference:

Initial Case Management Conference.

An initial Case Management Conference is set for March 22, 2023 at 10:00 a.m., Mountain Time. The conference will take place by Zoom. The conference is limited to a discussion of procedural items. The conference is not a hearing on the merits of any objection. Participation at the conference is optional for Objectors. A representative for each of the Compacting Parties must attend the conference.

To maintain efficiency and order, parties other than legal counsel for the Compacting Parties who intend to speak at the conference must notify the Court not later than March 15, 2023. The notification must state the reason for the request. The conference will be recorded and the Court will make the recording available on the Court’s website.

Instructions for accessing the call are as follows:
To join from a PC, Mac, iPad, iPhone or Android device:
Click on this URL, or type the URL into your browser to join:
https://mt-gov.zoom.us/j/82935972785?pwd=RHE2Sk1SYUtQOTZ1ZUYvU2dENk85UT09
Password: 524161

To join by phone: 
Dial (for higher quality, dial a number based on your current location):
US: +1 213 338 8477 or +1 206 337 9723 or +1 646 558 8656
Webinar ID: 829 3597 2785
Passcode: 524161

3. Case management conference agenda. The tentative agenda of the initial Case Management Conference is as follows:
a. Introductions.
b. Rules governing proceedings.
c. Method for filing documents with the Court, including electronic filing.
d. Methods and requirements for service of documents.
e. Explanation of the settlement track procedures.
f. Explanation of hearing track and tentative hearing track schedule.
g. Other topics emailed or mailed and received by the Court prior to close of business March 15, 2023. The final agenda will be published on the Court’s website by March 17, 2023.