Flathead Irrigation District, July 24, 2022. 1:00PM meeting
Mission West Community Development Partners
407 Main Street SW., Ronan, Mt. Upstairs, elevator available
Attending commissioners: Paul Guenzler, David Lake, Bruce White, Trent Coleman & Janette Rosman
Absent: No-one.
Pledge: Recording: No-one.
Lake County Commissioners were unable to attend due to their schedule.
BIA Report: Lawrence Nelson, Stormy Bacon and Dan Olsen attended meeting and gave a report. They have hopes irrigation season will last thru September 15, providing we don’t have 100 degree heat. Two pumps running out of river. Third pump router has been sent to Spokane for repairs and will test the pump this fall. Larry stated BIA does not have any dealings with Secretarial Water Rights. Irrigators with SWR need to work with Amy Kaufmann. Safety of Dams limits amount of water in Crow Dam. It’s getting low and BIA is unable to work with their restrictions thus Moiese water is getting low. Camas has .70quota and hopefully will have water until 9/15 depending on temperatures. Larry N., will send Cassie, Dept. of Revenue assessments/acreage information for county verification. Larry N., stated Wapito Irrigation project sends assessment charges to Tribal and non-tribal irrigators. They have one advisory district. Larry N., if irrigation bill is not paid it goes to Federal Treasury to collect. Dave Vincent, we still need county participation.
June Minutes: Bruce made motion to accept June minutes, David Lake second. Passed
Warrants: David Lake made motion to approve warrants, Trent Second. Passed. July Warrants approved, Click Here Design $55., Five Valley Law #3890 $45.00 and #3810 $450.00. Montana State Fund $25.87, Montana UI $1.36, Whaley Acct. $750.00, David Lake & Janette Rosman $100 each attending Tribe/BIA employees meeting at KTN. TOTAL amount $1,527.23. ADMIN $555,937.00, O&M $1,871,574.00. As of 6/30/2022.
BIA O&M Assessment invoice $1,471,679.54 (86,868.169 acres) one half 2022 fee. Janette Rosman made motion to pay O&M charges, David Lake second. Passed.
Review information letter, postponed to next regular meeting.
Update Lake County Resolution 21-20: July 20th Lake County Commissioners Bill Baron made motion to postpone Resolution and give Irrigation Districts another year to set up an accounting system. Steve Stanley second, Gale Decker apposed. Then Gale Decker made motion to pass Resolution 21-10, Steve Stanley second, passed. Bill Barron abstained. Passed. Last paragraph of resolution reads, “Whereas it is the intent of the County, beginning in tax year 2022, that the Lake County Treasurer will cease billing, collecting and distributing any fees or assessments related to the Flathead Indian Irrigation Project.” Passed and adopted July 28, 2022. Recorded 7/29/21 Public hearing on August 30, 2021 at 1:30 PM. I received an email from LCC office that the Resolution was going to be revised and she would send out a new copy. I have not received a new copy. In July 2021 Cassie received a letter from Wally Congdon then assistant county attorney representing commissioners that he agreed with Cassie and state statute mandated Lake County collect O&M assessments on tax statement. Gale Decker stated 7/28 he does not agree with Wally, FIIP is no longer a public entity and there is nothing in place for management of the project in the passage of the Compact. An irrigator expressed his concerns regarding Decker’s feelings working with the tribe. LCC need to understand the problem they have put us in. Another Irrigator suggested scheduling a meeting with LCC and three irrigation districts involved and request an amendment to 21-20. Another irrigator suggested file an injunction and have a public meeting. Another irrigator, “Call LCC bluff.” It has been stated if Lake County Treasurer no longer collects assessment on taxes, they are in violation of State Law. Paul Guenzler suggested Cassie pursue letter. Bruce, “Set up a Public meeting with Lake County commissioners,” Cassie added send a letter to Lake County Commissioners, Tribe, Attorney General, BIA Portland and St. Ignatius office. She would prefer to have Tribe/BIA and Federal Court involved. Cassie will meet with Lake County Commissioners secretary to set up a meeting with Lake County Commissioner, public and FID commissioners. David Lake made motion to send letter stating position Lake County Commissioners have put Flathead District in regarding collection of FIIP Assessments. Address letter to Lake County Commissioners, BIA Portland, BIA in St. Ignatius, Montana Attorney General, Governor Gianforte, Senator Daines, Senator Tester and CSKT. Janette Second. Passed.
Joint letter from three districts to BIA regarding Lake County Commissioners Resolution 21-20: Paul Guenzler made motion to pursue letter, second by Janette, Passed. Cassie has set up a meeting for August 5, 2022, 1:00 PM at Mission West Community Development Partners.
Update BIA employees and Tribe: David Lake and Janette Rosman attended the meeting that was set up by Tribe and BIA-Portland and Local BIA to listen to employees concerns regarding Tribe/FID joint entity managing the FIIP. Many of the employees kept going back to previous CME and their concerns about losing benefits, pay cuts and reliving the CME working under new management. (Employee comments were not favorable regarding how irrigators treat them, and question how having another entity would work in managing the project). Tom McDonald Tribal Chairman assured them they would not loose their benefits. He also emphasized there is a learning process in managing the Project and Tribe wants to make sure it is done right.
Approve list of FID land and assessments for Lake and Sanders County: Paul Guenzler made motion Assessment list be turned over to Cassie to approve list by August 15, 2022, David Lake second. Passed. Flathead District will then be in compliance with MCA 85-7-2136.
Resolutions approving $35.50 O&M charges and keeping Admin charges at zero, were approved in June, signed and notarized at July meeting.
Public Comment: None that were pertinent.
Adjourn: David Lake made motion to adjourn, Janette second.
Janette Rosman, Commissioner/Secretary FID
