Facts to consider
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In response of Susan Lake’s letter in the March 16 issue of the Valley Journal, I do thank the Valley Journal for publishing these opinions and responses to them.
Susan Lake’s article is full of half-truths. Susan has been long on words and short of facts and history for years now.
— Fact No. 1: Present FJBC (Flathead Joint Board of Control) has fired former legal council and former office manager/consultant. This council and consultant’s work resulted in these lawsuits that were lost, mostly from filing extensions on briefs and poor work. She also fails to mention the lawsuits that were won since 1982 when the FJBC was put together. There was success. She fails to mention these two were involved in the dissolution of the FJBC and could have prevented the action. She also fails to mention the resumption clause in the 2010 turnover agreement that gives the three districts 60 days for the Districts to put the FJBC back together again, “if” something caused them to dissolve.
Wayne Blevins, leading the Flathead District, put together an agreement retaining all employees and managing the Project for 2014, as was done for the previous four years. The BIA and Interior failed to respond to these last two items; remember that four former Mission and Jocko commissioners voted to pull out of the FJBC and this caused the BIA to resume operation of the FIP — no Flathead Joint Board of Control, no Flathead Irrigation Project run by irrigators.
— Fact No. 2: One more point you won’t hear from Susan is that the 1948 and 1951 repayment contracts signed by all three Districts and signed by 60 percent of the fee land owners that applied liens and mortgaged our property to build the Irrigation and Power project; in that contract between the United States, the Department of Interior, and the Flathead, Jocko, and Mission Districts, that law says “when construction cost are paid, the users of this Project will operate and maintain said Project.” This was accomplished in 2004. Yes, the FJBC are in negotiations with the Department of Interior and BIA for the turnover of the Flathead Project to the Irrigators, in the middle of April, and without the previous mentioned council and consultant we are extremely confident of the outcome of these meetings.
— Fact No. 3: Susan mentioned the budget. Yes, in 2015 we assessed the Irrigators $5/acre. This was a $4 reduction for the Jocko and Mission Districts. The FJBC has always had to have a legal counsel, starting with the districts in the 1920s. District boards are made up of farmers, not attorneys. Rocky Mountain Law represents the FJBC now and all briefs are done on time and very well done. 2015 was a tough year on all. The FJBC believes in the U.S. and Montana constitution; we swore an oath to it in serving on this board. The right to the Montana Water court, our property rights, the Net Power Revenues from the Project water right on the Flathead River are worth fighting for. This takes a legal team and experts to secure it. With all the challenges of 2015 we came in under budget, thanks to Johanna Clark and our Secretary/Treasurer Shane Orien, who kept the FJBC board informed and updated.
One more thing happened with Shane and Johanna towing the line: the last two years since 2013, all audits and reports were filed on time and correctly to the County and State, first time in years. One more fact: previous boards borrowed from O&M to pay legal fees and pet projects. Although it is legal, there has to be a repayment plan. None can be found.
— Fact No. 4: Susan and Dick Erb brought up the legal fees ran up by these four former commissioners of the Mission and Jocko Districts. The Flathead District has no obligation on this debt, when the FJBC formed again in 2014, we put this in the FJBC by-laws; this is solely Mission and Jocko’s responsibility. Jerry Laskody explained that a few weeks ago, in an article.
— Fact No. 5: Susan brings up the representation of the FJBC and the District’s acreage. Flathead does have about 88,000 acres, Mission has 15,000 acres and Jocko has 10,000 acres. What is not said and talked about is in 1982 when the FJBC was formed, Mission had 25,000 acres, Jocko had 11,000 acres and Flathead had about 77,000 acres. Jocko had Mission H canal land attached to it (1,000 acres) and Mission had Post F canal and S Moiese land attached to it, another 10,000 acres. The two smaller districts were concerned about the Flathead District bullying or controlling them. These Districts in their wisdom came up with the present make-up to protect all irrigators: three commissioners Jocko, by watershed and delivery; three commissioners for Mission, by watershed and delivery; four commissioners Flathead, including one from Camas by watershed and delivery; and one member at large to represent all irrigators and trust responsibility. This board felt Camas needed the extra member at large representation at this time. That’s five in the Flathead. It works and there is a checks and balance in the make-up.
— Fact No. 6: The FJBC board, lead by Chairman Boone Cole, stood up against the BIA in 2015 and refused to assess you, the irrigator, a $7.50 increase in O&M costs. That’s a $907,500 increase for you irrigators. The BIA refused to give an accurate account on the budget as far as employee costs and a detailed breakdown of expense. The BIA is operating the FIP six employees short. That’s because employee expense is far higher than when the Irrigators ran the Project from 2010 to 2014. That’s why you irrigators have delivery and maintenance problems today. We will not accept an increase in 2016 unless we get the numbers and reason either.
— Fact No. 7: Average size farms — Jocko is 27 acres, Mission is 33 acres, and the Flathead district is 47 acres. When “all” irrigators get their ballots to vote for your Irrigation District commissioner, please vote, your acres and votes matter. Somebody who has 1,000 acres gets 1,000 votes, someone who has 10 acres gets 10 votes. That’s why it’s important for all the small farmers to cast their ballots. You pay taxes on your fee irrigated land, so please vote.
Please come out and meet the candidates at the Ronan Comm. Center at 7 p.m. April 13.
Hear what they have to say, then vote. These men representing you now are working hard for you, nothing to hide.
