The Willow Creek Dam dispute is headed to mediation, per the Montana Supreme Court decision recently handed down.  The state and the irrigation group have been ordered to use the out-of-court method to resolve the conflict concerning the transfer of the dam.

Earlier on, the court had dismissed the request from the Montana Department of Natural Resources and Conservation to overrule a lower court order that forced entry into formal mediation concerning the issue.  The case was then heard by the Supreme Court.

According to the early February decision from the high court, the district has the authority to order the agency to participate in mediation.  Now, the case returns to the lower district court where a mediator will be appointed.  A spokesperson for the Willow Creek Water Users Association said the group is glad to have an opportunity to discuss the issue and that they are hopeful a solution is possible in mediation.

The dispute arose when a 2015 law asked the Department of Natural Resources and Conservation to transfer the dam to the water users association.  The groups were unable to agree on terms for the transfer, so the users association requested mediation.  The Department of Natural Resources and Conservation appealed to the Supreme Court, believing a lower court did not have the authority to force mediation.  In addition to ordering the groups into mediation per the lower court, the Supreme Court also dismissed a claim from the Department of Natural Resources that the cost of mediation, about $1700, is a “gross injustice. ”