Litigation

In 1983, the State of Montana filed a natural resource damage lawsuit against the Atlantic Richfield Co. (ARCO) to recover damages for:

• injuries to the water, soils, fish and wildlife in the basin
• the public’s lost use and enjoyment of these injured resources

Since 1990, the Natural Resource Damage Program within the Montana Department of Justice has been responsible for performing the necessary natural resource damage assessments and pursuing the lawsuit against ARCO. The state has settled its lawsuit through a series of settlement agreements completed in 1999, 2005 and 2008. In addition to the lawsuit against ARCO, in 2008 the state completed settlements for the Mike Horse Dam site and in 2009, for the East Helena site.

The 1999 partial settlement earmarked about $130 million to restore or replace the injured natural resources in the Upper Clark Fork River Basin.  Between 2000 and 2011, the Montana Natural Resource Damage Program administered a annual restoration grants process funded by interest proceeds from the 1999 partial settlement.  Through that process, The Governor approved 121 grant projects totaling $112 million.  These approved grant projects will improve water, fish and wildlife resources, public drinking water supplies, and natural resource-based recreational opportunities such as hunting, fishing, hiking, and wildlife watching.

In December 2011, Governor Schweitzer approved a new process for expenditure of the 1999 settlement funds that will involve the completion of groundwater, aquatic, and terrestrial restoration plans by the end of 2012.

In addition to funding grant projects, the state has used 1999 settlement monies for special projects such as restoration planning for the Milltown Dam and the Silver Bow Creek watershed.

Map of UCFRB (PDF)

Silver Bow Creek Restored Area