Dam quandry: Pay or sacrifice funding
Given little alternative than to go along with a biological opinion draft that calls for a costly study for a fish ladder for about a one-mile stretch of Flower Creek, Libby City Council members agreed Tuesday to move ahead with the application.
At issue is the decaying Flower Creek Dam, the concrete structure that provides the reservoir for the city’s water supply, and funding the city is seeking for that project.
A recently released biological opinion draft by the U.S. Fish & Wildlife Service calls for a $26,000 study to determine whether a bull trout fish ladder is needed in the diversionary area of Flower Creek, about a mile below where the new dam will be built.
Mayor Doug Roll said the city has no choice but to proceed with the study.
“We’ve got one federal agency demanding the study and another federal agency not willing to lend the money (and release grants) unless the city agrees,” Roll said. “Dan Johnson of Rural Development said he can’t approve the money unless we agree to this.”
Tuesday night, Libby City Council members unanimously agreed to move forward with the application that included a green light for the study.
“We don’t even know whether there are any bull trout in that area,” Mayor Doug Roll said. “I think they found a hybrid, a cross between a bull trout and something else at the dam and below. I don’t think we have any options.”
Roll understands the funding required for the study can come from the proposed grant the city is to receive.
“At least our water customers won’t be footing the bill for this, yet,” Roll said.
According to the biological opinion draft, the USFWS concludes the proposed action of rebuilding the dam “will not jeopardize bull trout or destroy or adversely modify bull trout critical habitat.”
Near the end of the 56-page opinion, under Chapter IX, Conservation Recommendations, the opinion states, “depending on the outcome of the Flower Creek Water Diversion Dam Fish Passage Feasibility Study (fish ladder), we suggest that USDA and City of Libby consider preparing a Flower Creek Water Diversion Dam Fish Passage Proposal to fully take into account the water diversion purpose and existing diversion dam structure. Furthermore, we recommend that USDA consider the proposal an integral part of the Flower Creek Dam Replacement Project and give full consideration of funding a fish passage facility at this dam, or consider a partnership with other entities interested in cost-sharing the funding of the facility.”
City officials previously have indicated a preference to not include the fish passage atop the already $8.3 million dam project, which was delayed last year. The city’s reluctance for the fish ladder prompted a reply from Dan Johnson, of Rural Development. Rural Development is the funding arm of the USDA.
“This condition is listed in the USFW biological Opinion as not discretionary,” Johnson writes. “In order to comply with Section 7 of the Endangered Species Act, and to be protected by the provision for incidental take, this study must be completed.”
Johnson states in his letter to Mayor Roll the city would be open for prosecution and ineligible for funding through Rural Development if the study is not completed.
City Administrator Jim Hammons said the city has no other option.
“It says they will drop the funding (if we don’t comply),” Hammons said. “It doesn’t seem right for a one-mile stretch of Flower Creek, but I don’t know.”
Hammons pointed out the fish passage ladder would allow trout to manage their way past the diversion dam another mile to the new Flower Creek Dam, but no farther.
With the City Council’s approval, the city is moving forward for dam funding through Rural Development on April 1. If that date is not met, the next possible funding date is Aug. 1.