Irrigators irked FJBC 'redlined' out of compact

POLSON – Gov. Steve Bullock and Attorney General Tim Fox recently sent letters to the Flathead Joint Board of Control asking for a position statement on the proposed Water Compact. But CSKT officials red-lined every mention of the board from the Oct. 13 Draft Water Use Agreement.

The action came as a surprise to board commissioners during the Water Compact hearing Wednesday at the Best Western KwaTaqNuk, especially after Tribal Council members walked out of the meeting.

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“The FJBC is our only chance at getting our concerns to the negotiating table and being able to argue the legality on our behalf,” said Ronan irrigator Teri Swenson. “No one but our elected FJBC board members is listening to us at this point and that should be concerning to everyone involved.”

Federal, state and tribal officials and Mission Valley irrigators gathered to review the Confederated Salish and Kootenai Tribe’s suggested “Adaptive Management” amendments to the Flathead Indian Irrigation Project’s proposed Water Compact Oct. 15.

 “The FJBC knows the irrigation project and we have elected each of (the commissioners) to be our voice,” Swenson said. “The tribe has no authority to dismiss an elected body and by removing any reference to (the commissioners’) role in project operations and management from the agreement, they are picking and choosing which governing body they are willing to work with.”

Historic data   

Tribal hydrologist Seth Makepeace provided information about the water rights compacting process, including how the compact would deal with uncertainties, such as climate changes, by means of adaptive management.

 “I would like to know where the data the CSKT has utilized in its reports is coming from,” said FJBC Commissioner Tim Orr. “Agencies cannot negotiate on behalf of irrigators when only one party has pertinent information.”

Orr believes state and federal officials would benefit by seeing the historic data maintained by the Flathead Indian Irrigation Project and would encourage more accurate allotments in the agreement.

State funding questioned

Compact commission officials questioned Tribal Council  members whether a strategy existed for use of state and federal funds for the compact.

“No state historically has put as much tax dollars on the table as our state,” said Compact Commission Chairman Chris Tweeten.

He noted the complexity of borrowing funds from Montana taxpayers or whether the state could deposit contracted amounts annually from the state’s General Fund.

“Each party’s responsibilities need to be specifically described in their entirety,” Tweeten said.

Irrigators also requested more information from the CSKT about historical data for on-farm water delivery.

“The river diversion allowance cannot be in theory only.” Tweeten said, “Additional water needs to be priced at what the average irrigator can afford. I do not believe $40 an acre foot to be realistic.”

He wants tribal officials to find appropriate methods of subsidizing pumping costs from the Hungry Horse Reservoir in the case of drought.

CSKT Attorney Rhonda Swaney believes legal constraints exist that would limit the availability of additional water from Hungry Horse.

“A $30 million pumping fund could be a possible solution. I am unsure as to what the state believes to be a fair price,” Swaney said. “We cannot guarantee a plan for a hypothetical water shortage. By the historical data presented, a severe drought is unlikely in our area, but I am happy to confer with my client.”

Susan Lake, a Ronan resident, felt an emotional connection to recent negotiations.

“We all have so much vested,” Lake said. “This compact as it is currently written is a good agreement. I wish that more supporters were here at this meeting because they are out there.”

Jack Horner, of Ronan, echoed Lake and commended the negotiating committee.

Others just want peace.

“They’re all going off in different directions,” said Arlee irrigator Karry Doney. “Some are anti-government, some are anti-tribal and some are anti-tribal government. It’s hard to stay united and go in one direction.”

Doney likes the compact.

“I’m in favor because the tribe has given what I thought was a fair amount,” Doney said. “What’s left is the irrigators, and it’s a balance of allotted water. So as long as everybody gets a little, we can make it work.”           

One tribal member believes irrigators are misdirected.

 “You’re making this an Indian issue,” said Kale Thomas. “Let’s not make this an issue against my people. Let’s get together.”

CSKT Tribal Members did not respond to requests for comment.

   (Brittany Brevik of the Daily Inter Lake contributed to this report.)