A state official has proposed lifting restrictions on wells in the North Hills Controlled Groundwater Area, a 52-square-mile north-valley region where some landowners claim increased development has cut into water supplies for existing homes.

According to a preliminary decision released late Tuesday, state Department of Natural Resources and Conservation hearings officer Scott Irvin said landowners have not done enough to prove the vulnerability of groundwater supplies in the area.

The landowners - Ron and Vivian Drake and some of their neighbors - and their opponents, which include the Helena Association of Realtors, have until March 20 to file comments on Irvin's preliminary decision. A hearing may be held a few days later. A final decision is set for April 25.

If Irvin's preliminary decision becomes final, developers looking to dig wells in the area will no longer have to pay a fee and apply for a special permit. The Drakes and their neighbors were trying to prohibit new well drillings in some areas of the North Hills or at least make permanent the permit restrictions.

Vivian Drake, in an interview Wednesday, accused the DNRC of failing to do its work and protect residents' water.

"I am a working citizen trying to protect my water and those of my neighbors, and this agency just isn't doing their job," she said.

"They're trying to make controlled groundwater areas so difficult that no citizen in their right mind would even try it," Drake added.

Michael Kakuk, an attorney representing the Realtor's association, said his clients are pleased with the outcome and looking forward to working with the community "and ensuring that development occurs in an orderly and safe manner."

Irvin, in his 34-page proposed decision, noted that testimony from all sides of the issue varies significantly, particularly on whether groundwater withdrawals are in excess of so-called "recharge" - the re-supply of groundwater in the area through precipitation, aquifer flows from outside the area's boundaries and inflow from surface streams.

While the petitioning landowners, led by the Drakes, alleged recharge has a minimal effect on the groundwater resources in the area, Irvin said they failed to give proper weight to other information - including certain measurements that showed wells responding to recent precipitation, and data showing recharge sources outside of the area's boundaries.

Drake said she noted a number of factual errors in Irvin's decision and questioned the agency's responsiveness to residents' concerns. While Irvin said the southern portion of the area is recharged with water seeping beneath Silver Creek, Drake claims no evidence exists to support that theory.

She also said DNRC was supposed to install measuring equipment at the creek but never did. A geologist called by the Drakes said groundwater cannot flow northward from the creek because of a geological fault.

Drake also noted Irvin said the extent of declining well levels isn't severe enough to pose a public-health-and-safety issue. The Drakes' presentation included testimony from residents who've had old wells go dry as new wells are drilled nearby. Nearly 40 wells went dry in a two-year period, she said.

The proposed decision is available http://www.dnrc.mt.gov/wrd/water_rts/cgwa/northhills/default.asp” target=”_blank”>here.

Reporter Larry Kline: 447-4075 or larry.kline@helenair.com