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Montana homeowners lose assumed water rights after court ruling, affecting 12 subdivisions.
Homeowners in the Prestige at Red Fox Meadows subdivision near East Helena, Montana, face uncertainty after the state revoked their assumed water rights due to a 2024 court ruling that now requires multi-phase developments to share a single water allocation.
The 29 homes in Prestige must now share water with 126 lots in a neighboring development protected by prior legal rulings, as their land was subdivided after a grandfathered allocation.
DNRC confirmed 12 subdivisions statewide are affected, with eight, including Prestige, needing complex solutions like full water permits or legislative fixes.
Though the 2025 Legislature passed one bill to prevent future issues, a second bill offering relief for existing developments failed.
DNRC says it only investigates water use if a complaint is filed and is working with lawmakers to resolve the situation.
Los propietarios de Montana pierden los derechos de agua asumidos después de un fallo judicial, que afecta a 12 subdivisiones.