Flathead irrigation district reviews 638 contract
Hey savvy news reader! Thanks for choosing local.
You are now reading
1 of 3 free articles.
RONAN — Flathead Irrigation District 3 met in a special session on Feb. 8 to discuss the articles of formation and a 638 contract.
While the Confederated Salish and Kootenai Tribes review proposed bylaws from a previous meeting, the district worked on completing the Articles of Formation for the joint control over the district.
The Articles of Formation list which parties will be involved in the proceedings, and originally consisted of the Flathead Irrigation District, the Tribes, and the Secretary of the Interior. After some discussion, the district decided to remove the Secretary of the Interior as a participating party.
“Having an additional party just sounds like it’s inviting trouble,” one commissioner expressed.
When it came time to discuss the potential of the 638 contract, several members of the public stepped forward to give comment.
The 638 contract refers to Public Law 93-638, the Indian Self-Determination and Education Assistance Act, and was originally passed by Congress in 1975. Under the act, the Tribes contracted operation of the power division of the Flathead Indian Irrigation Project in 1988. In recognition of the Tribes’ success in operating and managing Mission Valley Power, the federal government renewed the 638 contract for an indefinite term in 1991. The Tribes are now proposing to use a similar model to allow irrigators to work out a Cooperative Management Entity (CME) for the irrigation division, along with the Tribes.
As public comment revealed concern that the 638 could be used against the district by the Tribes, Commissioner David Lake expressed some frustration.
“(The Tribes) are negotiating on our behalf in good faith,” he stated. “Right now we got nothing. And if we do nothing, we’ll have nothing. It’ll become a tribal run project… We’ve got to understand where we’re at right now.”
Additionally, attending legal counsel Cassie Dellwo noted that, after a set number of years, the parties could agree to rework the contract or change it entirely.
Concern over both the selection of arbiters and the legal validity of arbitration were also raised, but Dellwo made a point to lay out an explanation of arbitration to the public.
Should an arbiter be needed between the Tribes and the district, she explained that a neutral third party would be chosen by both parties. If, after arbitration, either party opted to ignore the decided verdict on the matter, they could be taken to court. “Arbitration is legally valid,” she stressed.
After public comment, the commissioners reviewed the 638 contract. This marks the third meeting the district has had on the subject. At its conclusion, commissioners voted four to one to move the contract for the district forward, with Commissioner Bruce White abstaining. The contract will now be submitted to the Secretary of the Interior for review and potential changes. After 90 days, the contract will be returned to the district for further review and will have to undergo another vote to proceed.
The next meeting will discuss how members of the Flathead Irrigation District will be selected to work on the joint committee.
