Irrigation commissioner resigns in protest

A member of the Flathead Joint Board of Control stepped down last week, citing concerns over the irrigation group’s ongoing legal battles.

In a letter of resignation issued on Feb. 22, former Commissioner Dick Erb laid out a laundry list of administrative issues stemming from the joint board’s costly opposition to the water compact between the Confederated Salish and Kootenai Tribes.

“I like to call it the litigation treadmill. Once you get on, it’s very hard to get off,” Erb said in an interview earlier this week.

The joint board, composed of the Flathead, Mission and Jocko Irrigation Districts, filed multiple lawsuits in the past few years addressing issues such as water rights, management and power prices.

“It has spent a large amount of money in each one,” he said, adding that in each case the board has appealed to a higher court after loosing the first round.

One of its highest profile battles was the attempt to challenge the constitutionality of the compact, drafted to resolve the confusion surrounding water rights claims on the Flathead Indian Reservation and surrounding region.

Erb acknowledged that the compact is not perfect, but at the same time he said the joint board has not explored alternative options for resolving claim disputes, such as adjudication in Montana Water Court.

In addition to spending, the board has also come under criticism for its decisions at the executive level.

Last year, a group called Mission Valley Irrigators successfully sued the board after it refused to seat three members who were voted in during a controversial election.

The lawsuit included a draft budget that showed the board spent nearly $600,000 on attorney fees during calendar year 2016, roughly a quarter million more than budgeted for.

As a member of the board, Erb said he was disturbed to see his name listed as a defendant in the suit.

“I have been concerned with some decisions that are of questionable legality,” he said. “One factor in my thinking is to protect myself from any future lawsuits against the board.”

Issues surrounding potential conflicts of interest continued to raise eyebrows during a board meeting on Feb. 23, the day after Erb’s resignation.

David Lake, one of the newly elected commissioners, said it appeared individuals were acting on multiple levels, as both irrigators and members of the board as a whole.

“It’s actually quite embarrassing to me,” he said.

Chairman Ray Swenson acknowledged the issue, cautioning that people affiliated with the board should declare their representation before taking a stand on issues.

“There definitely are concerns,” he said. “There needs to be distinctions.”

As the meeting drew to a close, commissioners announced that members of the Flathead Irrigation District, which Erb represented, would choose a replacement.

A timeline for the process had not been scheduled.

“We’re still in shock,” Lake said.