Irrigation board votes to appeal judge’s energy decision
Karen Peterson
Commissioner Ray Swenson was recently elected chairman of the FJBC.
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ST. IGNATIUS — The Flathead Joint Board of Control is seeking an appeal on a judge’s energy decision.
Judge H. Peter Young stated in his decision that the FJBC failed to prove that the Confederated Salish and Kootenai Tribes have an obligation to continue to provide low-cost power for the irrigation project.
The issue concerned the Federal Energy Regulatory Commission’s license agreement for the Seliš Ksanka Qĺispe dam.
Judge Young issued his decision on Dec. 29, 2016. The FJBC had 30 days from that date to respond.
FJBC Attorney Kathleen Mazure addressed the board by phone at the Wednesday, Jan. 18, board meeting. She estimated that it could take until 2018 or longer for a judge to rule on the appeal. She said she needed to file a full brief to continue the process.
The cost of providing legal representation for the appeal was considered. It was said that it costs $300,000 each year that the issue is in the appeal process. The FJBC currently owes Mazure’s firm about $75,000 in legal fees remaining from work on the original case.
Commissioner Dean Brockway said that it would cost the irrigation district $300,000 a year “from now on” for pumping costs without the low-cost power, so he was in favor of the appeal.
The board recognized that low-cost power for irrigation is in the Montana-CSKT Water Compact.
“The tribes verbally said that as long as the compact is in play, they will honor it,” Commissioner Boone Cole said.
Commissioner Dick Erb voted against the appeal in a 9-1 vote. He said he initially supported the process, but the board went beyond the initial fight for low-cost irrigation power to include regular consumers in the agreement. He believes the FJBC lost an opportunity to negotiate with the tribe. Chairman Janette Rosman abstained from the vote.
Lake County Commissioner Dave Stipe was at the meeting. He said the county provides legal advice for all boards within the county, although they don’t take positions on the issues. He informed the board that they could utilize their legal advice.
In other news, the board decided to seat Jennifer Kaplan on the board until the term ends in May. She was certified by the State of Montana and Lake County to sit on the board. Her seat was contested after the board appointed Loretta Adams to the position in what was called a “confusing” statute. Adams stepped down from the position. The board said they were following historical procedures when they appointed Adams to the position.
Flathead Indian Irrigation Project Manager Pete Plant reported at the meeting that the project was “sitting good” water wise. He noted that 38 employees were currently working on the project, but he needs more employees to address the many needs within the project.
Plant said a $7.50 increase was proposed for 2018 for irrigation operation and management fees. The money would be used to increase personnel to get more projects done and for more equipment.
The board was reorganized during the meeting, as is usually done after an election, but this year they were about a year late after several board seats were contested.
Ray Swenson was elected chairman of the FJBC. Boone Cole is the vice-chairman. Gene Posivio is the secretary. The board voted Ted Hein in as the member at large. Clerk Johanna Clark’s contract was renewed for three years. The next FJBC meeting is currently scheduled for Tuesday, Feb. 14, at 2 p.m.
