Nearly 40 NGWA members participated in more than 60 meetings with Congressional offices, Senate staff, and key federal agencies March 24–25 at the 2026 NGWA Fly-In held in Washington, D.C.

Representing a broad cross-section of groundwater professionals, members traveled from across the United States — including as far as Alaska — as well as internationally, with participation from Nigeria.

A two-day event focused on advancing the organization’s federal policy priorities, the 60-plus conversations provided a platform for members to share real-world insights from the field, while reinforcing the important role groundwater plays in supporting communities, agriculture, energy production, and economic growth nationwide.

A central focus of this year’s Fly-In was advocating for the reinstatement of geothermal tax credits, which are essential to advancing clean energy development and supporting jobs across the groundwater and geothermal sectors. Members also emphasized the need for increased federal investment in the U.S. Geological Survey’s National Ground-Water Monitoring Network, a resource for tracking water availability and quality.

Fly-In participants also highlighted NGWA’s newly released Data Center Position Paper, raising awareness around the increasing water demands tied to rapid data center expansion and the importance of responsible groundwater management.

During the event, NGWA members presented the 2025 Groundwater Protector Award to U.S. Senator John Hickenlooper (D-Colorado). This recognition is awarded to government officials who have demonstrated strong leadership and a sustained commitment to advancing groundwater protection and policy. Hickenlooper was recognized for his ongoing support of water infrastructure, science-based policy, and efforts that elevate the importance of groundwater at the federal level.

“This year really demonstrated the strength and expertise of our membership and their commitment to giving NGWA a voice in D.C.,” said Ben Frech, NGWA’s government affairs manager.

“From geothermal energy to water monitoring and recharge, our members are on the front lines of the nation’s most pressing water challenges. These conversations help ensure that policymakers understand both the urgency of these issues and the practical solutions our industry is ready to deliver.”

FOR IMMEDIATE RELEASE

Date: January 28th, 2026

CONTACT

Daniel Cox, 406-461-7972

Litigation has the potential to shut down thousands of existing wells and cripple housing and agricultural development

(Helena, Mont.)— Several organizations representing agricultural producers, housing, real estate, and water well drilling professionals have moved to intervene in ongoing litigation to protect Montana’s ability to support homes, farms, and growing communities with reliable water access under clear, consistent laws. The case threatens the predictability of Montana’s water permitting framework and the ability of property owners, builders, lenders, and local governments to rely on approvals granted under existing law.

Tens of thousands of small wells that supply water to homes and livestock could soon be shut down as a result of a lawsuit against the state of Montana over the permissibility of exempt wells. The lawsuit would also prevent additional small wells from being drilled for residential and agricultural use.

“What the plaintiffs are asking for would be catastrophic for Montana,” said Angela Kline-Hughes, President of the Montana Association of REALTORS®. “Tens of thousands of Montana homeowners, and as many ag producers, rely on exempt wells for their water. The plaintiffs want to shut those wells down, leaving property owners with one option: spending hundreds of thousands of dollars to go through a broken water permitting process.”

“All Montana agriculture deserves a voice in this lawsuit,” added Lane Yeager, President of the Montana Senior Ag Water Rights Alliance. “Many farms and ranches rely on exempt wells to operate, and the plaintiffs’ effort to eliminate them would disrupt decades of established practice without meaningfully strengthening protections for senior water rights.”

Exempt wells are defined as those that use a small amount of water. They’re ordinarily used for general household consumption or to supply water to livestock. Most of the water used by an exempt well owner is returned to the ground. Because of their de minimus use, Montana law does not require exempt wells to acquire a permit to be drilled. In Montana, the average water permit costs $300,000 and takes about 3 years to acquire.

The plaintiffs who brought the lawsuit want to eliminate exempt wells altogether and require all water users—regardless of size—to go through the costly and time-consuming permitting process. For most, acquiring a permit will be cost prohibitive.

“In many cases, the additional cost of acquiring a permit would double the cost of building a home,” said Andy Shirtliff, Executive Director of the Montana Building Industry Association. “The number one problem in Montana right now is our housing affordability crisis. The only way out of that crisis is to increase supply, but if this lawsuit is successful vast areas of Montana will be off limits to building.”

Several groups representing agricultural producers, housing, real estate, and drilling professionals have intervened in the litigation and share a common goal: ensure that Montanans can continue to live, work, and build in communities supported by reliable water resources and clear, consistent laws. At stake is the predictability of Montana’s water permitting framework and the ability of ag producers, homeowners, builders, lenders, and local governments to rely on approvals granted under existing law.

“Regulatory uncertainty in water access directly impacts property values, housing supply, financing, and the economy statewide,” said Klein-Hughes. We support responsible water access and use and recognize the importance of protecting Montana’s natural resources. At the same time, we believe solutions must be grounded in science, legal consistency, and practical implementation, not uncertainty that stalls housing and destabilizes communities.”

“For tens of thousands of Montana families, exempt wells are a lifeline, not a loophole,” said Tyler Sampson, President of the Montana Water Well Drillers Association. “By litigating to eliminate these wells, plaintiffs are effectively pulling the plug on tens of thousands of kitchen sinks and livestock troughs that sustain our Montana way of life."

As a NGWA Affiliate Organization member, we are proud to partner with NGWA to share with you that Groundwater Awareness Week (GWAW) is taking place March 10-16, 2024!

This annual event highlights the responsible development, management, and use of groundwater, the event is also a platform to encourage yearly water well testing and well maintenance, and the promotion of policies impacting groundwater quality and supply. Groundwater advocates across the state and country also use GWAW to highlight local water issues in their communities.

NGWA and its partners will be focusing their advocacy on promoting professional opportunities in the groundwater industry. According to the American Geosciences Institute, nationally there are more than 135,000 open positions in the industry now, which is far too high to keep up with consumer demand.

To learn more about Groundwater Awareness Week and how you can participate and/or promote the event, please visit: https://www.ngwa.org/get-involved/groundwater-awareness-week/groundwater-awareness-week

In early April, the Department of Natural Resources and Conservation issued new guidance on exempt wells. It appears that it will likely have more effect on some regions than others. Click here to learn more.

The rumor is, we have a lot of good well drillers and pump technicians in our industry but only a handful of good business operators. MWWDA wants to change that image!

Download this document to help you become more aware of your costs and a better business operator.

Looking for a great way to educate kids on what an aquifer is and how it works? Click here for information on how to get your own Awesome Aquifer kit!

The MWWDA Convention Committee and Board of Directors are now taking applications for industry awards! Please review the MWWDA Award Nomination Form and if you know someone who meets one of these criteria, fill out the form and e-mail (or mail) it to Dave Schulenberg at dschulenberg@ngwa.org by the stated deadline.

MWWDA employs a professional lobbyist to represent our interests in Helena. We actively participate in the Water Policy Interim Committee meetings, DNRC rule-making, and with the Board of Water Well Contractors. Subscribe to weekly updates.