City says Rattlesnake watershed isn’t necessary under municipal ownership

City experts in the condemnation case concluded that Rattlesnake Creek and eight dams in the Rattlesnake Wilderness are not necessary in order for the city to operate the other water system assets in Missoula.

Under Montana law, the condemning party — in this case, the city — must identify which assets are necessary to condemn. Based on the sworn statements of the city’s own experts regarding the Rattlesnake watershed, Mountain Water requested a summary judgement to have those assets removed from the list of assets that the city is attempting to condemn.

Download a PDF of the legal brief in support of the motion at this link.