FJBC election looms; time for change is now
Hey savvy news reader! Thanks for choosing local.
You are now reading
3 of 3 free articles.
Since May of 2013 the Flathead Joint Board of Control has destroyed the only real accomplishment in the history of the joint board and that was the turnover of the irrigation project to local control. That was after the past joint boards had lost dozens of lawsuits to get the project turned over to them on their terms. They finally sat down with the tribe and negotiated an agreement.
When the joint board dissolved, the BIA made every effort to continue on with local control. The Jocko District voted to continue as did the Mission District and the tribe. The Flathead Irrigation District owns responsibility for loss of local control. The Flathead commissioners ignored the deadline and sent a proposal that in no way would survive the scrutiny of the Secretary of Interior. When the Joint Board reformed they sued the BIA for the takeover. Their lawsuit was dismissed in Federal Court. The judge said, “Legal theories and arguments are not facts. The 1908 Act makes clear that turnover may occur only in the form and under such rules as are acceptable to the Secretary. Under no set of facts would Plaintiffs (the Flathead Joint Board) ever be entitled to the requested declaratory relief.”
The Joint Board has now appealed to the Ninth Circuit Court of Appeals. If anyone understands the Ninth Circuit, how do you think that is going to work for us and how much more is it going to cost?
The budget for this year is a half a million dollars. This is not money for project improvements.
Last year they spent a quarter of a million dollars trying to stop the passage of the CSKT compact.
Jerry Laskody, in his last letter to the editor, questioned Dick Erb’s right to even bring up past legal bills on the Jocko and Mission District. Irrigators in the Flathead District should pay particular attention because the legal bills are being paid by the Flathead District. The Jocko pays approximately $35,000 to the administrative fund. The Mission District pays approximately $75,000 and the Flathead District pays $440,000 in administrative fees. If the Jocko and Mission have a $95,000 legal bill hanging over their head, that means they have very little of their very little to pay toward ongoing litigation.
Another thing Flathead District irrigators need to realize is, as the board is currently made up, the Mission, Jocko commissioners have the majority of votes. The Jocko District has three representatives for their 7,500 acres. The Mission District has three representatives for its16,000 acres and the Flathead has five representatives for its 88,000 acres.
The fact is that one large irrigator determines who is elected in the Jocko and four large irrigators determine who is elected in Mission District. All of those irrigators oppose the CSKT compact and so the likelihood of ever getting a joint board that is willing to negotiate rather than sue is remote.
It’s been said, “Those who do not learn history are doomed to repeat it.” The Flathead Joint Board of Control has been going to court since its inception in the 1980s. They have lost all but one lawsuit. Millions of dollars have been spent and millions more will be spent. The joint board election is coming up and it is time for a change.
