Flathead Irrigation District Meeting, Marche 24, 2021. 1:00 PM
Lake County Extension Office, Back door.
303 3rd Avenue NW., Ronan, Mt.
Attending Commissioners: Paul Guenzler, David Lake, Dave Vincent, Bruce White, Janette Rosman.
Absent commissioners: No One.
Pledge: No Recordings:
BIA: Larry Nelson in his written report (saved and filed in notebook) reported on hiring process. Dan Olson will be acting Supervisory Irrigation System Operator effective March 29th. Presently Curtis Yazzie is SISO. Still advertising for that position. Complete positions and who is filling them on file. Camas Camp have the following individuals as ditch riders: Nick Barber, Lead., Tim Courville ISO, John Blixt, ISO. South Division: Stormy Bacon, Lead-ISO, David Benally, Koshon LaCounte, Carl Clampett. Mission C: Matt Torosian B Canal, Terrance Jackson Post A. All of them ISO’s. Jocko Camp: Neil Adams, Lead-ISO, LLoyd Vollin and Jerry Jerde, ISO’s. North Division Camp: Brian Askan (Acting Lead), Ken Leo, Dewey Schliep, Anthony Yazzie, Stephen Upham. All ISO’s.
Mr. Yazzie stated snow pack is 90-95%. They have been preparing feeder canals. Filling Reservoirs for June/July. Dan Olson stated, pumping plant will be ready and reservoirs are low. They were headed out to power up sub-station following meeting. First pump is turning, checking motors out. Number 2 pump is back together and will be checking rotations this week and will follow up by running the pumps soon as lake elevation is up. Larry is working on alignment of # 2 this fall.
February Minutes: Dave Vincent moved to accept February minutes. Bruce White second.
Warrants: Five Valley Law, PLLC $160.00. Whaley & Associates PC $750.00. FID Admin $614,533. (2/28/21) O&M $866,391.
Cassie Delwo, FJBC assets: Cassie presented a draft of Mutual Release and Settlement Agreement between Flathead, Mission and Jocko Irrigation Districts for commissioner’s review defining the following: Description of Claims: The Flathead Irrigation District, Mission Irrigation District and Jocko Irrigation District were each a part of the “Flathead Joint Board of Control” (FJBC). This entity was determined to be unlawfully formed by the Montana Twentieth Judicial District Court, Lake County on or about January 30, 2018; thereby, disbanding the FJBC. However, assets of FID, MID, and JID had been titled in the FJBC and the Court did not distribute those assets to the parties. Further, there have been claims of invoices paid out of individual districts that should have been paid out of the FJBC account leading to potential unjust enrichment of the other districts.
Terms of Settlement: Mutual Release and Settlement Agreement is in exchange for performance of agreed upon terms set forth below and contained in Addendum A.
- Release, II. Future Damages, III. No Admission of Liability, IV. No Additional Claims,
- V. Attorney Review, Severability, VII. Choice of Law, VIII. Disclaimer, IX. Final Agreement.
Addendum A to Mutual Release and Settlement Agreement. (Paraphrased) Purpose of Distributing Assets of FJBC to the FID, MID and JID. A. FJBC Cash Account, all funds will be distributed to FID. B. Irrigation District office located in St. Ignatius, Title shall be transferred to FID, MID, JID as tenants in common, in the following percentages. Flathead 79.9%, Mission 13.2%, Jocko 6.9%.
The parties shall enter into a Right of First Refusal for the District Office, in the same form as set forth on the percentage exhibit. Mutual release shall be signed by Chairman of each district. Each party shall pay its own fees and cost associated with the petition to re-open and shall share in any recording fees equally, 1/3 each district.
David Lake moved for Cassie to go forward in the dissolution and distribution of FJBC assets and Paul to sign documents. Bruce Second.
Casssie continued: Once documents are signed, filed and no objection she will file unopposed motion. Rocky Mountain Law needs to be consulted to release FJBC records.
FID election update for commissioner in District 1., Moiese. Letter on file from Lake County Election office stating Trent Coleman was the only person filing for District #1 commissioner. The governing body shall declare the candidate elected to the position by acclamation.
Update on CME2: Paul and David have meet with Ryan Ruchie, following the conversation with Bruce White who was wondering if they have had any meetings. At their meeting with the Tribe and Ryan Ruchie whey were defining Cooperative Management Agreement. (CME). Tribe is leaning towards 638 Contract, a way to get around Indian Control. Allows irrigators to work on CME with Tribe. Other option is BIA and it is unanimous irrigators want CME. They want to be a part of the management of the Flathead Indian Irrigation Project. (FIIP).
They are discussing 638 because it is a solution to have CME. Ryan Ruchie has asked Paul and David, “What are your top ten priorities?” There was discussion about an Appointed board to keep politics out of CME. Irrigators want Co-management of entire project, above and below IRA’s. Project manager to work above and below IRA’s has been a part of their discussion. Dave Lake, we are just at the point of discussion. We need to move forward and actively work on solutions. Bruce White had concerns about Preference hiring with 638. Someone stated, (?) “Get water, fix project and move forward. Either we work together or have what we have now.” Paul stated, “we are pushing up against time. Something needs to be in place by mid-summer.”
Terry Prongua stated, “Previous CME was with out Tribal preference, exception thru legislation, structured in the Compact.” Dick Erb had concerns regarding a 638 as well. Paul stated, “Can we agree to negotiate?” Terry Prongua stated it was important that the irrigators have some input in the process”. Paul stated, “We can agree to negotiate and ask the irrigators what the top 10 priorities are that they want to see in CME.” Dick Erb, the reason the Tribe could not accept it without a 638 is it has to go thru Department of Interior and get approval from BIA. Paul G., We do nothing, Tribe will run it without us. Susan Lake, we want to be a part of the project. David Lake, It is our position as irrigators to be a part of it. Paul G. and Dave V., had discussion to put it on April Agenda to send a letter out to irrigators asking for their top 10 suggestions for a CME2. David Lake and Cassie will work on letter content.
Public Comment: There was discussion on Lake County not collecting O&M and Admin fees when liens are paid off. Mt. Statute: 85-7-2133 required to collect taxes, referenced by Cassie.
Janette R., commented on letter from Justice Dept., Johanna has been approved to move to Community Corrections Center in Great Falls, Mt., a halfway house on 7/21/21. Will be released 11/12/21.
Janette consulted with Wayne Hiett, Wipfli Accounting, regarding FID doing Cash Basis Accounting. He stated,
“As long as FID has no Assets, LSG was in agreement for FID to use Cash bases in our accounting.” That and there are only two checks written on the O&M Account per year. He also said, “In the future when we have building in our name, that may change due to ownership of assets.” State agreed we could do cash when we first started with Wipfli.
Dick Erb asked about Liability Insurance on the Building. Janette will follow up.
David L., will see if Safety of Dams will come and give us updates at April meeting.
Meeting adjourned.
Janette Rosman, Secretary FID
