A Gallatin County District Court judge has placed restrictions on two large KOA campgrounds near Yellowstone National Park’s western border regarding the dispersal of treated wastewater via a center pivot sprinkler. In a July 2 order , Judge Andy Breuner ordered the sprinklers only be operated between the hours of 9:30 p.m.
and 5:30 a.m. to avoid dispersal onto an adjoining dude ranch and its customers.
The order also requires the center pivot sprinklers be shut off if winds blowing toward the dude ranch exceed 15 mph. The nonprofit conservation group Upper Missouri Waterkeeper hailed Breuner’s ruling granting a partial preliminary injunction. The group — along with the Diamond P Ranch , ranch owner Rex Portmann and ranch manager Brandon Lewis — filed suit in October 2023 arguing the development of the Deep Well Ranch Regional Wastewater System and installation of a sewer pipe under Denny Creek were not properly noticed by the Montana Department of Environmental Quality.
“This is an important initial victory for the public’s — not to mention adjacent landowners’ — fundamental right to know and participate,” said Guy Alsentzer, executive director of Upper Missouri Waterkeeper, in a press release. The lawsuit is now awaiting a date for an oral argument hearing. DEQ declined to provide comment on ongoing litigation.
Jenny McCullough, of KOA, said the company "prioritizes the safety and well-being of its guests and the surrounding environment. KOA is therefore.
