Invalid wells raise questions
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Editor,
The issue was raised recently concerning large scale users of water on the Flathead Reservation other than the irrigators. August 1996 The Montana Supreme Court ruled the state could no longer issue water permits on the Reservation. The state, however, subsequently issued permits for four wells in Polson. Tribal lawyer John Carter was reported to say that the Tribes could seek an injunction to shut down the wells after the Supreme Court’s decision but they chose not to while moving ahead with the compact. Carter noted that if the compact agreement were ratified, a five-member “unitary management board” composed of two members selected by Montana’s governor, two members chosen by the Tribes and another picked by the other four members would be authorized to grandfather in large wells that haven’t been permitted. There are certain limitations assigned to the board and I am not so sure that the board may actually have the authority to grandfather in permits that were forbidden by the Montana Supreme Court and cannot demonstrate valid existing use. There are many questions that have to be addressed regarding the wells.
Hundreds of water hook ups approved by the Polson City Council, and “banked” for development, are not valid existing uses. They are promised future uses obtained in what I view as an unscrupulous scheme involving “special interest.” I don’t feel secure the situation can be resolved as simply as Mr. Carter seems to think.
The City of Polson hasn’t been transparent about the illegal permitted water wells for the past sixteen years. Many may view the situation as one more historical marker demonstrating a lack of honorable intent when dealing with the Tribes. Polson citizens, who may not have agreed development at any cost was the best course of action, were disenfranchised as well.
Margie Hendricks
Polson
