What is an Administrative Hearing?
An administrative hearing is not a public meeting. Very similar to a court trial, it’s a legal proceeding that gives potentially affected individuals the opportunity to challenge the agency’s decision. Opposing sides present testimony and evidence before an impartial Administrative Law Judge, who makes a final decision based solely on the evidence presented on the record of that proceeding. It is a required step if a person wants to challenge certain kinds of DNRC decisions.
A rule-making hearing is an open public meeting and is the public’s opportunity to comment on rules proposed by DNRC programs in order to implement their statutory mandates from the legislature.
Types of Hearings
Matters brought before DNRC Administrative Law Judges/Hearing Examiners arise from decisions most commonly relating to:
- Water Appropriation Permits and Change Authorizations
- Cabin Site Valuations
- Surface Lease Cancellations
- Agriculture/Grazing Competitive Bids
- Administrative Rulemaking
Pending and Issued Hearing Orders
| TITLE | APPLICATION | HEARING EXAMINER | HEARING DATE | DECISION DOCUMENT (DATE ISSUED) |
| MEINE, ROBERT & DOROTHY REVOCABLE TRUST | 41B 30123390 (CHANGE) | MARTIN BALUKAS | 07/16/2025 |
FINAL ORDER (12/15/2025) PRELIMINARY DETERMINATION (04/08/2024) |
| POWER - TETON COUNTY WATER & SEWER DISTRICT | 41K 30150582 (PERMIT) | MARTIN BALUKAS | 06/17/2025 |
PETITION FOR JUDICIAL REVIEW (11/20/2025) FINAL ORDER (10/21/2025) PRELIMINARY DETERMINATION (10/04/2023) |
| TITLE | APPLICATION # | PUBLIC NOTICE AND PRELIMINARY DETERMINATION | HEARING EXAMINER | HEARING DATE | STATUS |
|
SHERIDAN COUNTY CONSERVATION DISTRICT |
WATER RESERVATION NO. 40R L084502-00 | ACTIVE | |||
| MITCHELL, ROSS P; MITCHELL, JENNIFER B | 41G 30159590 (Change) |
LINK TO APPLICATION FILE (As of 04-23-2026) |
MARTIN BALUKAS | ACTIVE | |
| VH PIPE LLC | 42M 30163750 (Permit) |
LINK TO APPLICATION FILE (As of 04-13-2026) (WQRS) |
MARTIN BALUKAS | ACTIVE | |
| EXPLORATION DRILLING INC; VAN HOOK, WILLIAM JR REVOCABLE LIVING TRUST | 42M 30163788 (Permit) |
LINK TO APPLICATION FILE (As of 04-09-2026) (WQRS) |
MARTIN BALUKAS | ACTIVE | |
| HENRY, RONALD M | 43D 30165001 (Change) |
APPLICATION FILE (AS OF 03-03-2026) |
MARTIN BALUKAS | ACTIVE | |
| LAKESIDE COUNTY WATER AND SEWER DISTRICT | 76LJ 30165067 (Permit) |
LINK TO APPLICATION FILE (WRQS) |
JAY WEINER | ACTIVE | |
| PAULSEN, BRUCE & ILENE | 76N 30163571 (Permit) |
APPLICATION FILE (AS OF 01-06-2026) |
MARTIN BALUKAS | ACTIVE | |
| BIG HORN LEASING LLC |
42M 30163320 (Permit) |
JAY WEINER | ACTIVE | ||
| MONTANA, STATE OF DEPT. OF FISH, WILDLIFE & PARKS | 43B 30156179 (Change) | JAY WEINER | ACTIVE | ||
| WARDEN HUTTERIAN BRETHREN | 76LJ 30151310 (Permit) | MARTIN BALUKAS | CONTINUED; CERTIFIED TO WATER COURT | ||
| RED DOG RANCH LLC | 43A 30158389 (Change) | MARTIN BALUKAS |
|
ACTIVE | |
| DEBUFF, DANIEL G.; DEBUFF, SANDRA L. | 40A 30105384 (Permit) | JAY WEINER | ACTIVE |
Hearings Order Index (summary of water right hearing cases)
Pending Water Reservation Hearing
IN THE MATTER OF WATER RESERVATION NO. 40R L084502-00 BY SHERIDAN COUNTY CONSERVATION DISTRICT
The Department of Natural Resources and Conservation (Department) has received a request from the Sheridan County Conservation District (SCCD) for a hearing regarding the use of its remaining groundwater reservation.
Under the Final Order Establishing Water Reservations Below Fort Peck Dam (December 30, 1994) [hereinafter “1994 Final Order”], SCCD was granted a reservation of 15,479 acre-feet (AF) of groundwater per year, subject to the condition that SCCD suspend authorizations once permitted use reached 5,809 AF. In 2005, a new Order of the Department authorized SCCD to increase its permitted use to 10,000 AF per year. When the total volume authorized by SCCD reaches 9,000 AF per year, and SCCD has monitored this development for at least one growing season, SCCD must pause further authorizations and notify the Department. SCCD has requested another hearing to determine whether additional development would adversely affect other water users or resources for the remaining amount of reserved groundwater.
The 1994 Final Order requires the Department to notify local water users and interested parties—including, but not limited to, the U.S. Fish and Wildlife Service, Fort Peck Tribes, and Montana Fish, Wildlife & Parks—that SCCD will present evidence showing further groundwater development will not cause adverse effect. SCCD bears the burden of proof. If the Department finds no adverse effects, it may authorize continued development subject to any appropriate conditions. If adverse effects are found, the Department may modify or condition the remaining reservation.
PARTICIPATION IN THE HEARING:
Notice of Hearing and Procedure to Participate (04/16/2026)
Request to Participate Form (Form must be received on or before May 29, 2026)
QUESTIONS:
Direct inquiries regarding this proceeding, Notice of Appearance, or Request to Participate to:
Department of Natural Resources and Conservation
Office of Administrative Hearings
1539 Eleventh Avenue
P.O. Box 201601
Helena, MT 59620-1601
Phone: (406) 444-6615
E-mail: DNRCOAH@mt.gov