IN THE SUPREME COURT OF THE STATE OF MONTANA 

OP 22-0076 

corroNwoop ENVIRONMENTAL LAW 

CENTER, GALLATIN WILDLIFE 

ASSOCIATION, JOHN PHILLIP MEYER, 

AND MONTANA RIVERS, 

Petitioners, 

v. 

AUSTIN KNUDSEN, IN HIS CAPACITY AS 

MONTANA ATTORNEY GENERAL, 

Respondent. 

ORDER 

FILED 

MAR 1 5 2022 

Bowen Greenwood 

Clerk of Supreme Court State of Montana •

Petitioners have filed an original action pursuant to § 13-27-316, MCA, objecting 

to the Attorney General's official actions on Petitioner's proposed ballot initiative 1-24. 

Petitioners' objection alleges that the Attorney General's revised ballot statement does not 

satisfy the requirements of § 13-27-312, MCA. We resolve the dispute about the statement 

text with the language presented below. 

Section 13-27-312(4), MCA, governs the language that communicates the purpose 

of a ballot initiative to voters. The text must be a "title and impartial explanation of the 

proposed ballot issue in plain, easily understood language and may not be arguments or 

written so as to create prejudice for or against the issue." The aim of the initial step in the 

process, when staff at the Legislative Services Division help proponents craft their 

language, is to ensure at the outset that it meets this standard. See § 13-27-302(1)(a), (2), 

MCA. The Attorney General's review serves as another opportunity toensure there are no 

linguistic issues with communicating the measure plainly and impartially, as does this 

Court's review in a proceeding under § 13-27-316(1), MCA. 

03/15/2022

Case Number: OP 22-0076
The language that the Legislative Services Division crafted with Petitioners for 1-24 

was the following: 

"Outstanding resource water" is a designation that affords a body of water 

the greatest protection feasible under state law, after thorough examination. 

The Department of Environmental Quality (DEQ) may not allow a new or 

increased point source discharge that would result in a permanent change in 

the water quality of an outstanding resource water. "Point source is defined 

in 75-5-103, MCA. Passing this initiative would make outstanding resource 

waters on the Gallatin River from the boundary of Yellowstone National Park 

to the confluence of Spanish Creek, and on the Madison River from Hebgen 

Lake to Ennis Lake. Passage would also amend 75-5-316(2), MCA, to 

prohibit the DEQ from allowing a new or increased point source discharge 

that would result in any temporary or permanent change in water quality. 

The Attorney General modified this language. He argues that the text above is not 

sufficiently plain and easy to understand given its reference to complicated terms like 

"point source." The Attorney General's version of the 1-24 text was the following: 

[Initiative number] prohibits DEQ from approving a permit for any new or 

increased point source discharge if the permit would result in any change in 

water quality, including a temporary change in water quality, for 

"outstanding resource waters." [Initiative number] bypasses the existing 

review process for designating an "outstanding resource water:" which 

includes local government consultation, review of social and economic 

impacts, and an environmental impact stateinent, and deems the Gallatin 

River from the boundary of Yellowstone National Park to the confluence of 

Spanish Creek, and on the Madison River from Hebgen Lake to Ennis Lake 

to be "outstanding resource waters" without the review and consultation 

process. 

Petitioners argue that the Attorney General's version makes the language unclear 

because it focuses on distracting procedural technicalities that they argue are included to 

discourage voters from approving the measure. They contend that the Attorney General's 

version is less of an understandable statement about the initiative than theirs, and they point 

out that it, too, uses complicated terms including "point source." 

After review, this Court has determined that the ballot statement the Attorney 

General certified to the Secretary of State is confusing and convoluted. As such, it fails to 

satisfy the standard from § 13-27-312, MCA. Under § 13-27-316(3)(c)(ii), MCA, this 

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Court may "certify to the secretary of state a statement that the court determines will meet 

the requirements of" § 13-27-312, MCA, and such statement "certified by the court must 

be placed on the petition for circulation and on the official ballot." Following this statutory 

approach and our review obligation, we determine that the following statement of 

implication comports with the statutory and constitutional requirements: 

1-24 declares portions of the Gallatin and Madison Rivers north and west of 

Yellowstone National Park to be "Outstanding Resource Waters." The 

stretches of water that 1-24 would designate run from Yellowstone National 

Park to the confluence of Spanish Creek on the Gallatin River and from 

Hebgen Lake to Ennis Lake on the Madison River. 

1-24 bypasses the existing review process for such a designation, including 

the local government consultation, review of social and economic impacts, 

and environmental impact statement that would be involved. 

1-24 also prohibits the State from approving a permit for any new or increased 

discharge into Outstanding Resource Waters if the permit would result in any 

adverse change in water quality, including only a temporary change. 

IT IS ORDERED that, pursuant to § 13-27-316(3)(c)(ii), MCA, the above language 

is hereby certified to the Secretary of State as meeting the requirements of § 13-27-312, 

MCA, and must be placed on the petition for circulation and on the official ballot if 

qualified by sufficient signatures. 

The Clerk is directed to provide notice of this Order to all counsel of record and the 

Montana Secretary of State. 

DATED this day of March, 2022. 

Chief Justice 

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Justices

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