Water rights concerns

Lincoln County Commissioners received an 11th-hour advisory from an informant within the Department of Natural Resources of a meeting that could grant water rights of local streams to the Salish and Kootenai Tribes.

The meeting of the Reserved Water Rights Compact Commission is set for 9 a.m. Wednesday at the KwaTaqNuk Resort located at 49708 U.S. Route 93 East in Polson.

In addition to the Kootenai River, the flows of the following streams that could be affected include Libby Creek, above Swamp Creek; Libby Creek between Swamp and Big Cherry Creeks; Libby Creek below Cherry Creek; Midas Creek; Swamp Creek; Bear Creek; Big Cherry Creek above Cberry Creek; Granite Creek; Pipe Creek; Quartz Creek; O’Brien Creek; Keeler Creek and Grave Creek.

The implications for Libby, besides having water rights determined by outside entities, is the impact this consideration would have on the Montanore Project and its impact on Libby Creek.

“I just want to know why, if all the water rights around us are being affected, we didn’t hear about this,” Lincoln County Commissioner Tony Berget said Monday.

“Wouldn’t you think if our water rights are being determined, we’d want to be included in that conversation?”

Berget and Commissioner Downey plan to attemd the meeting Thursday in Polson. Presiding Commissioner Marianne Roose will be in Libby to conduct the county’s business.

“I’m quite surprised we haven’t heard about this before now. This has serious implications for not only Montanore but Troy and Rock Creek mines as well,” Downey said.

“We’ll be there, and we’ll be heard.”

During a meeting with commissioners Monday, both men were astonished they or their office was not advised of the meeting.

“If it had not been for someone out there saying this was coming down, we wouldn’t have heard about it,” Berget said.

“I just don’t understand how they can claim water rights here in and around Libby.”

According to documents, the State’s proposal for the resolution of the Off-Reservation Water Rights Claims of the Confederated Salish & Kootenai Tribes, it is attempting to preserve water flows to the Kootenai and Swan river drainages.

It is the tribes’ contention that the Libby Dam has drastically changed stream flow.

“Because the operation of Libby Dam has so dramatically altered natural flow conditions, ...” the document states as a reason.

The tribes are concerned about water flows to the Kootenai and Clark Fork rivers.

However, in assessing the cumulative values for post-Compact sub-basin permit limitations presented account for all existing water rights.

In the case of the two Kootenai Basin sub-basins, the report states, Grave Creek and O’Brien Creek, existing rights fully exhaust the available volumes. The appropriation limits for both of these sub-basins indicate no water is available for the issuance of new water use permits by the DNRC in those two sub-basins.

Therefore the State proposes closing these two tribuaries to future permitting by the DNRC as part of the Compact.

However, that was of little solace to Berget, who indicated he and Downey would forego their meeting Wednesday to attend the hearing.

“We’re going,” Berget said.

Berget encouraged other Lincoln County residents to attend and make their voices heard.

To find the agenda, and packet information on the hearing, persons should go to dnrc.mt.gov/publicinterest/meetings.asp and go down to the Reserved Water Rights Commission.