© 2023 Concerned Citizens of Western Montana

The Water Court held its Case Management Conference No. 1 yesterday morning.  In case you missed it, or would like to see it again, here is a link to the recording of the meeting:  Case Mgt Conference 1.  The meeting lasted approximately 40 minutes.

Judge Brown talked about Service of process and referred people to item 9 of Case Management Order #1 as follows:

9. Service of process. Pursuant to Rule 5(c), M.R.Civ.P. the Court sets the following rules for service of process:

a. The Court will establish a master service list (“Master Service List”) for this case and provide a link to the service list on the Court’s website. The Master Service List includes the Compacting Parties and all Objectors. The Court will modify the Master Service List from time to time to delete Objectors that reach settlements accepted by the Court.
b. Any pleading, motion or other paper filed by any Objector that addresses the validity of any provision of the Compact must be served on all persons on the Master Service List, including the Compacting Parties, that is current as of the date of the filing.
c. Certificates of service may certify service by referencing the Master Service List. If such a reference is made, the service list does not need to be separately attached and included with the filing.
d. Any pleading, motion or other paper filed by an Objector or the Compacting Parties that addresses the validity of an objection or a matter specific to an Objector need not be served on other Objectors, but must be served on the Compacting Parties.
e. If any objections are consolidated in a subcase, the Court will establish a service list specific to that subcase and service of process will be limited to parties identified on the subcase service list. If objections are put into a subcase, service only is required as to parties to the subcase, including the Compacting Parties.
f. The Court encourages Objectors to consent to electronic service. A “Consent to Electronic Service” form is available on the Court’s website.

Approximate Timeline

SETTLEMENT TRACK (MEDIATION)

Late April – September 29

End April – Early Summer Zoom meetings

Mid-Summer – August In person meetings 

September – More Zoom meetings 

HEARING TRACK – FORMAL LITIGATION

October 3 – Hearing Track Settlement Conference

Spring 2024- Motions

Summer 2024 – Oral Arguments

Fall- Winter 2024 – Trial Dates

Mediation Information

Every objector will receive a notice discussing the Mediation process.

Judge Brown said there would be a 6 month Settlement Track (Mediation).  He went on to say it is done without filing of documents and asking for a ruling from the court.  It is a way to resolve individual issues with the Compacting Parties and if successful you reach a settlement. It is done on an objection by objection basis.  According to the judge, it is unlike court proceedings and is a confidential process. You can have confidential meetings with the Mediator, or the United States or CSKT parties.

He also stated  that you are not required to settle in a Mediation process. The Court cannot force you to reach a settlement, it’s simply an opportunity to reach a settlement.

It is not arbitration where rulings are issued and the parties have to live with the ruling.  The Mediator will not issue any rulings.  

The Mediator talked for about 3 or 4 minutes.  She noted that she will set up sub-cases of less than 100 objectors to facilitate discussions and to make meetings more manageable (really?).  The meetings can be held via zoom, or in person meetings.

Zoom meetings will be begin at the end of April, in person meetings will be held in the middle of summer and near the end of the Mediation process more zoom meetings will be held during the month of September.

Because the Mediation is confidential all filings by objectors will flow through the Mediator and not the water court system.

Judge Brown indicated he would issue a second case order next week to discuss the process further.

He went on to emphasize it is not a trial type proceeding, it is a more informal process with the goal of trying to resolve individual objections.  The only communication the Mediator will have with the Judge is whether a case is successfully resolved or not.

It was also made clear that if you settle during the mediation process, you will reach a formal settlement agreement, and will have no right to appeal that settlement.  Judge Brown said, “a settlement is a settlement,” meaning that you will not be able to participate in the proceedings after that point, or participate any appeal efforts by others to join forces with respect to the Hearing Track of the proceedings.

The settlement track will come to a close on September 29th. 

Hearing (Litigation) Track

On October 3rd there will be a Hearing Track Settlement Conference.  Any objections not resolved at that time will be placed on the Hearing Track and there will be a Hearing Track Order. 

Any entity, such as a corporation that is not represented by an attorney, will have to retain one as the case moves into the Hearing phase.  These entities  can go through Mediation process Pro Se, but will need an attorney for the Hearing process.

Individuals are not required to have attorneys.

General deadlines for the Hearing Track, motions in Spring 2024, Oral Arguments Summer 2024, Trial Dates Fall and Winter of 2024.

The Hearing Track is Formal Litigation.

Montana Water Court Updates and Quick Reference List

You can get updates from the Montana Water Court at their CSKT Compact Public Information and Notices Page.

If you scroll down the list on that page you will see a drop down for Mediation.  This is where the Mediator will communicate updated mediation Information there including dates and times of meetings.

You can email Madeleine Weisz, the assigned Mediator at CM.WC@mt.gov

Quick Reference List

This list includes the rules referenced by the court, contact information and other documents you might find helpful as you move through the process.