© 2024 Concerned Citizens of Western Montana

According to Case Management Order #3, Wednesday was the deadline for filing motions to dismiss objectors.

We’ve been watching the water court website and have only seen one motion to dismiss objectors, and that was for corporate or trust objectors that are not represented by attorneys in the proceeding.

As of the writing of this post, there is no visibility of any other Motions to Dismiss Objectors.

This could mean several things, but this is what comes to mind.

First, it is possible that motions may have been filed, but have not yet been electronically entered into the docket by the water court.

The second possibility is that the compact parties may try to somehow deal with Motions to Dismiss Objectors and Compact Fairness and Adequacy at the same time.   We’re not sure how that would work exactly, since the deadline for motions to dismiss objectors has now passed.

Another possibility is that the compacting parties may move to shorten the court schedule requesting that the court pull in the date on the Motions for Compact Fairness and adequacy.

We mention this possibility because ARTICLE VII B. 1. of the compact (MCA 85-20-1901) provides a three year window for the water court to approve the compact as follows:

If the Montana Water Court does not approve the proposed decree submitted with the motion within three years following the filing of the motion, the Compact shall be voidable by written agreement of the State and the Tribes. If the Montana Water Court approves the proposed decree within three years, but the decree is subsequently set aside by the Montana Water Court or on appeal, the Compact shall be voidable by written agreement of the State and the Tribes.

The motion filed by the water court to open the decree was dated March 15, 2022, making the three year deadline March 15, 2025.

With an anticipated hearing date of January 9, 2025, they’re cutting things pretty close to that date.

We also know however that Montana is all on board with the compact so it is highly unlikely that either the State or the CSKT would opt of of the compact, especially since Gianforte has worked so hard to get it implemented ahead of a possible water court approval, or even a dismissal.  See: June 21, 2023 Gianforte Letter.

We will do our best to keep you abreast of things as more information is made available to the public.