KALISPELL - The water company owner seeking a water-use permit for bottling plant near Creston will not be testifying before the Montana Department of Natural Resources and Conservation.
Lew Weaver's company, the Montana Artesian Water Company, has been preliminarily approved a permit from the DNRC to draw up to 700-acre-feet of groundwater a year, more than 500,000 gallons a day.
At a hearing last month before the DNRC, the highly-contested case saw three days of expert testimony from both sides.
Though Weaver was expected to testify at the hearing, a medical emergency prevented him from testifying and the record remained open.
Weaver's attorneys, however, say he will not testify and is not required to.
The Hearing Examiner has set a date of Oct. 31 for closing briefs in the matter and the record is now closed. The hearing examiner has up to 90 days to make a decision.
The decision can be appealed by either party.