Rundquist said the city hasn’t abandoned the water rights and they’ll continue to use the full amount while the matter is being appealed. If that appeal is denied, it would be significant but not insurmountable due to the ability to buy the Missouri River water.

“We would attempt to fill the gap with the Missouri River water, but operationally there initially could be some problems with the service,” he said.

Further findings limit water

McFadden’s findings go beyond just diverting water from Tenmile Creek. He noted that a 1966 ruling stated the city could not fill Scott Reservoirs more than once a year during spring runoff, and that the city must follow that order.

He also ruled that the city is permitted to divert water in the Chessman Reservoir only during high water flows and to the extent that other water users will not be harmed.

Rundquist said he doesn’t think the water master had a good understanding of how the city of Helena’s water system works when it comes to storing raw water, and that while it’s only filling them once a year, it’s still objecting to McFadden’s findings “based on misunderstandings.”