The Flathead Conservation District and Friends of Montana Streams and Rivers are appealing a federal court ruling that allowed John and Stacy Ambler to keep a house they built on the banks of McDonald Creek within Glacier National Park. The Amblers argue that Montana ceded jurisdiction over the park to the federal government in 1914, meaning state laws like Montana’s Streambed Protection Act (310 law) do not apply to their property, which is a private inholding within the park. However, the conservation district and Friends counter that the cession law exempts private inholdings from exclusive federal jurisdiction, meaning state regulations still govern such properties. They argue that without state oversight, environmental protections would be inconsistent and downstream users could face increased risks from unregulated development.

The appeal also contends that federal law, including the Clean Water Act, does not specifically regulate streambed disturbances, so Montana’s Streambed Act lawfully fills this regulatory gap. The conservation district’s attorney emphasizes that Congress did not intend to create a regulatory vacuum or inequity between inholders and downstream landowners. Despite the Park Service allowing the Amblers to connect to its utilities, it maintains that its jurisdiction starts at the high water mark, limiting its authority over the property. The case highlights a complex jurisdictional dispute over environmental regulation and property rights within national park boundaries, with the final decision pending at the Ninth Circuit Court of Appeals.