The Water Wars in Big Timber End in a Ceasefire

Big Timber—The water war waged to the east in Sweetgrass County has ceased. In Big Timber, a clash between big business and representative democracy saw the latter emerge victorious when city council members and Mayor Greg DeBoer temporarily suspended bulk water sales (excluding support for emergency services) in a split decision during a special meeting led by councilman Jeff Davis scheduled for Monday, August 11^th at Carnegie Library.

Bulk water sales are anticipated to resume pending the development and adoption of a policy by the council, spearheaded by the water subcommittee.

The decision came in response to recent public outcry from residents denouncing city officials for aiding and abetting the infamous Crazy Mountain Ranch (CMR)—an exclusive luxury resort located in the Shields Valley some 50 miles from Big Timber city limits, owned by CrossHarbor Capital, an investment and asset management firm based in Boston and proprietors of the Yellowstone Club in Big Sky.

CMR recently faced litigation when the Department of Natural Resources filed a lawsuit alleging illegal water use—evidence had surfaced, following an investigation, that the defendants circumvented change of use procedures established through the Montana Water Use Act, constituting a water rights violation. CMR had unlawfully altered existing water rights historically designated for agriculture to instead irrigate a 112-acre state-of-the-art golf course currently under construction.

The lawsuit was settled before the initial hearing with CMR avoiding financial penalties. In the resulting consent decree, CMR agreed to purchase water resources while awaiting approval from the DNRC to modify existing rights after submitting Change of Appropriation Water Right applications in May. Just prior to settlement, however, CMR had sought and successfully procured bulk water resources through the City of Big Timber—an offering available to a variety of entities both public and private for the last 30 years.

To date, Big Timber municipal has sold just over 1.6 million gallons of treated water to CMR, (peaking at nearly 100,000 gallons daily yet recently reduced to 50,000, according to Public Works Director Kris Novotny) profiting over $20,000 within a relatively short timeframe. Though lucrative, residents have taken exception to this arrangement with numerous concerns, some of which were shared by councilman Justin Davis, who expressed sympathy for his constituents during opening statements at Monday’s meeting.

“There was a feeling after last week’s meeting that public input was ignored. That was not the case. Your concerns have not fallen on deaf ears.”

“In my opinion, we must stop bulk water sales immediately until a policy is written and approved by the council,” exclaimed Davis, nailing his proverbial five theses to the council table—namely, for example, selling exorbitant quantities of potable drinking water purposed for irrigation at rates established 17 years ago without adjustment for inflation—at the expense of straining treatment facilities and nearby water resources, apprehensions placated by Novotny.

“Membrane plants thrive when running,” he explained, further elaborating that bulk water is often sold incrementally, as is the case with sales to CMR, who drew roughly 6,400 gallons during each transaction for transportation in tankers by Bullock Contracting LLC.

Davis also mentioned a new water storage tank slated for construction. In January, Big Timber received 2.6 million dollars in supplemental disaster relief funding through the Economic Development Administration. The city applied for this grant (expected to cover 80% of total costs) to expand water capacity for potential wildfires. As the only seated commissioner who voted against this undertaking, Davis was seemingly perplexed at the audacity of city officials to continue selling bulk water given current limitations and associated risks.

Novotny, however, has continuously reassured the commission and public that bulk water sales to CMR pose no impending threat to the city’s water supply.

Rebuttal from council members Justin Ferguson and Leonard Woehler aired on the side of pragmatism, arguing that bulk water sales represent a revenue stream to strengthen the city’s water fund—stored in coffers for replacing aging infrastructure and repairing and maintaining the city’s water system facilities and equipment, otherwise supported through steadily increasing city usage rates. Woehler reiterated his comments from the previous meeting that replacing dilapidated infrastructure was precedent to repairing city roadways, a chief priority expressed by Big Timber citizens yet costly in light of current funding deficits referenced by the commission.

Whether Davis’ comments truly reflected public opinion, furthermore, became a point of contention between council members.

Ferguson, alongside Mayor DeBoer, contended that opinions vocalized during public commentary at the previous city council meeting did not fully represent prevailing opinion on the matter.

“I do question your thought that a majority of the city is in favor of cutting it [bulk water sales] off,” said Ferguson, observing that, “at the meeting a week ago, I would say a majority of the people did not speak. Many were here to gain information. When speaking with several who were in attendance [afterwards] and explaining the facts as I know them, they felt the water should be sold.”

Ferguson admitted he initially opposed bulk water sales to CMR due to a widespread misconception that the group had stolen water from their neighbors in Clyde Park, since reconsidering his position upon receiving clarification regarding the dispute.

“I had to set my feelings aside about the billionaires and ask myself, ‘what is going to benefit the citizens?’… and I came to the conclusion that we can make money by selling water,” suggesting the city also seek reciprocal assistance from CMR to fund various public works projects, citing an article from the Billings Gazette mentioning financial contributions by CMR to fund construction of the new recreational center in Livingston.

Woehler concurred with Ferguson, claiming that public opinion, inflamed on social media platforms through false narratives and errant conjecture, was in all probability subject to bias and contamination, contingent on what information is presented and how (something he emphasized in response to a petition presented during public commentary). This same sentiment, he claimed, created an “intimidating atmosphere” during public commentary, deterring support for bulk water sales.

“This is about who we are selling to,” exclaimed Woehler, referring to CMR, explaining that 50,000 gallons equates to 6% of the city’s total daily usage—proportionately insignificant and information unknown to the average Big Timber citizen. “Last year we used more water than we use now, even with bulk sales.”

DeBoer echoed these statements. “Overwhelmingly, what is the problem with selling bulk water? That we are selling to billionaires for their golf course. No one would bat an eye if this water were being sold to a rancher. This is a tough issue because there is a vocal contingent that does not want to sell [bulk water] no matter what.” In his estimates, albeit anecdotal, 80% of residents were in favor of bulk water sales according to recent discussions with constituents.

Commissioner Davis fired back at these hypothetical figures, insisting that, despite his accurate analysis of the problem, Mayor DeBoer’s claims were exaggerated, indicated by a show of hands at the previous meeting when residents were asked to volunteer support for or opposition to bulk water sales to CMR—“I am calling your bluff Mr. Mayor,” to which DeBoer directly expressed resentment, “I don’t have a dog in this fight! This is a decision for the council.”

During public commentary, residents debated the council over sales volume, environmental implications, pricing, contractual obligations (or lack thereof), a formal policy, water system limitations, and public opinion—demonstrated by a petition containing 137 signatures from city and county citizens, organized by Big Timber resident Dulcie Rae Bue-Clavarino, though questioned by Woehler regarding its validity—specifically, whether citizens who declared their support for the petition were aware of how profits from bulk water sales are used to benefit existing infrastructure and the true extent to which they impact overall usage.

“You might receive skewed responses if people aren’t fully informed,” asserted Woehler.

Bue-Claravino had invoked data from city hall to illustrate how bulk sales of 1.66 million gallons to CMR surpassed the total volume sold over three years between January 2021 and December 2024 (estimated at 1.5 million gallons), and that this amounted (the vast majority of which was sold to CMR) to adding 250 households at 400 gallons daily. The largest transaction to date during the aforementioned period was 500,000 gallons to Triangle Communications, one-third of the total amount sold to CMR within the past month.

“This is not just another bulk water sale,” she exclaimed. “We are trucking 6-months’ worth of water for a family of five in a single day.”

“There are two and half or three weeks of bulk water sales remaining that will likely generate $6,000 to $10,000 [each week]. It’s evident that more people would have these sales halted. Do you really want to go against a majority of what people feel [for this money]?” questioned one resident.

Doug Ayers, a Big Timber resident for 30 years with professional experience in the hydrocarbon industry said, “Water is our most valuable resource. Guarding and conserving water should be a real goal. Cities aren’t running out of natural gas and electricity. They run out of water. We need to think about what’s best long-term… The financial ramifications are also significant. The streets and water lines need fixed. We should have a rate structure that respects the value of this resource. I am for water and also the city making money and repairing streets.”

Following public commentary, a motion was made by Davis to approve discontinuation of bulk water sales excluding emergency services, seconded by Ferguson who then opposed this motion alongside Woehler. With approval from Baird, Mayor DeBoer cast the final vote to temporarily terminate sales, citing the petition as his reasoning for this decision, though he remained firm that it did not necessarily represent majority opinion.

Nonetheless, the mayor and commissioners reached a consensus: bulk water rates were significantly low, and a policy was essential to address such issues.

The new bulk water sales policy, directed in part by the council’s water subcommittee (consisting of Ferguson and Ward 2 representative Kerri Baird), will likely include a tiered pricing system to enhance profitability—potentially accounting for residential status and purchase size, amongst other factors. A mock policy devised and presented by Woehler may serve as inspiration for the final product.

With three weeks remaining in the watering season, CMR is now left to fend for itself after attempting to conscript both Livingston and White Sulphur Springs in its quest for water yet to no avail or further recourse—at least for now.