14 minute read
Filing for water rights
from 03-03-22
from page 2
owners before that confirmed that they also had running water in the 60s.
All of this was in preparation to file a “use right” using form 222 for groundwater developed before Jan. 1, 1962. That would have required “substantiation documents” preferably from someone who knew when that use began. That was a stumbling block, since no one seemed to know when the well was first drilled.
When I posed this question to Wick, he told me this conundrum “is common in the adjudication process. If you’re talking about a domestic well or stock well used historically you could go with ‘to the best of my knowledge,’ do a bucket measurement or the best estimate you can (to determine volume),” he said. “The point is to accurately represent the historic use and if you need to take a contemporary measurement for that based on an existing system that’s acceptable information and it just needs to be documented and described.”
Fortunately, we unearthed something even better with help from Kathy Olsen, manager of the DNRC’s Kalispell Regional Office. She noted that many water filings are no longer kept at the Clerk and Recorder’s Office where they were originally filed. However, those documents are now stored online at mediaserver.dnrc.mt.gov/survey/groundwater.html.
I followed the link, clicked on Lake County, located the filings for our township and range, used the list of previous owners from the courthouse and the property description, and found a Declaration of Vested Groundwater Rights, filed Jan. 10, 1964. According to that document, the well was dug in 1948. Eureka!
While this simplifies our application process considerably, it still left me with some what-ifs. Here are the questions I posed, and Olsen’s answers, beginning with the one that led me to the DNRC groundwater filings: 1. Although we’ve tracked down the owners of the property dating back to 1937, we’ve only verified use beginning in 1966. It’s not that hard to get a statement from the owner we bought it from in 1979, stating that a well existed on the premises during their 10-year tenure. Is that sufficient?
DNRC: If use was between 1962 and July 1, 1973, the owner of the property had to file at the courthouse. Those filings can be found at mediaserver.dnrc. mt.gov/survey/groundwater.html. You need the owner name and legal land description to find documents if they were filed. There should be two pages per filing and both pages need to be attached to the 222F. 2. According to the DNRC, if the well was developed after Jan. 1, 1962 and before July 1, 1973, and not recorded at the county courthouse, we need an Application for a Domestic Allowance form from the Flathead Reservation Water Management Board (FRWMB), which has no forms available yet. Your advice?
DNRC: If there was no such filing, you can fill out Form 602 (described on the DNRC website as “previously unfiled uses of water that were put to use before Sept. 17, 2021 and exempt from state permit requirements”).
3. According to a story in the Char-Koosta News, dated Feb. 17, for those who miss the filing deadline of March 16, their applications for existing use will be addressed “among new uses, which will be permitted under the purview and authority of the FRWMB.” Does that mean that those who don’t file on time are basically filing an application for new use, despite the well or stock-water possibly having been in use for several decades?
DNRC: That is correct. Thus the importance for getting eligible uses (prior to the compact effective date of Sept. 17, 2021) into the DNRC by March 16, 2022. 4. I’ve also had inquiries from people who have been pumping water from the lake for irrigation and domestic use for decades. Do they use this same form (222) for preexisting domestic use or is there another route they should take?
DNRC: If they are taking water for any use via pump from a surface water source and have not previously filed, they will have to wait for the Office of the Engineer to then file on those uses. (The FRWMB plans to begin advertising for the crucial position of water engineer soon.)
With the March 16 deadline looming, Olsen says her office in Kalispell has been “very busy with phone calls and walk-ins from the Reservation.”
Personally, I found the DNRC staff to be very knowledgeable and helpful. For filing assistance in Flathead, Lake and Sanders counties, call 406-752-2288; for Missoula County, call 406721-4284.
The FRWMB will meet from 1-3 p.m. March 3 via Zoom for a work session devoted to board orientation on the compact, the Unitary Administration and Management Ordinance and the water rights registration process. To watch the public portion, head to https://bit.ly/FRWMB-Mtg4.
- DNRC Program Manager Arne Wick
Ronan acquires new property next to city park
Story and Photo by Taylor Davison / Valley Journal
RONAN — The Ronan Revitalization Committee announced during a Feb. 22 meeting that the city of Ronan was recently able to purchase property behind the Second Chance Saloon.
“We’ve been trying to buy that property for years,” Public Works Director Dan Miller commented.
The three city lots Ronan purchased have been elusive for years due to the complexity of their ownership. Owned by multiple members of a family, all owner parties had to agree to sell at the same time and agree to sign off on the negotiated price. The final offer the city made was for $35,000.
“It would have been more if it were building lots,” Miller explained. Approximately 70% of the new land purchased for the park exists in the floodplain, leaving it underwater for a portion of the year.
The first step will be to clean up the property. Mowing has begun, but tree maintenance and other safety measures still need to be taken. A few ideas for the property are being floated around, such as a natural amphitheater due to the slope and curve of the land, but nothing has been decided on yet.
The park committee of the city council will begin meeting this year in late spring or early summer to continue use discussions.
CSKT division offers Q&A on projects tied to Water Compact
Story and Photo by Taylor Davison / Valley Journal
RONAN — The Confederated Salish Kootenai Tribes Division of Engineering and Water Resources held an event last week to answer questions about ongoing projects tied to the CSKT Water Compact.
The four-hour event was meant to be informal, allowing attendees to come as their schedule allowed to ask about elements of the Compact in the way it pertained to the Flathead Indian Irrigation Project (FIIP). Most who attended arrived within the first hour and asked for a simple overview. Seth Makepeace and Jace Smith presented.
Adaptive management, the process to preserve flexibility to continuously manage and improve the allocation of water between instream flows and reservoir levels, was explained to be fundamental to the Compact. It reflects the dynamic nature of the water supply, allowing recommendations within the year to changes to instream flow (ISF) or FIIP Water Use Rights (RDAs) or move schedules forward or back based on changing conditions, allowing for project improvements.
Operational improvements, actions to improve the correspondence between headworks diversion and crop demand, were explained to improve net irrigation project efficiency. Water measurements, supply management tools such as forecasting, and stock water mitigation will impact ISF flow schedules and RDA diversion schedules in effect.
The rehabilitation and betterment of irrigation facilities to improve water management and operational control were also highlighted. Some specifics of work being investigated in the Jocko River were explained, such as obtaining cost metrics for the constructability of different piping materials that experience minimal corrosion, as well as a test drive of radial gates being run in North Fork Jocko due to the rain bursts there.
As far as timelines for projects in Jocko, and upcoming plans for Charlo, definitive answers could not be given. In addition to construction challenges such as material shortages and extended delivery times, the division is currently understaffed, in need of hydrologists able to work onsite. Makepeace explained that, unlike engineers, they are not comfortable contracting out to hydrologists because the projects need more handson management from people familiar with the specific sites.
“Humans make mistakes,” Smith added. “We’re doing our best to weed those out as much as possible.”
Another goal of the Compact is to assure the FIIP instream flow and RDA allocation can be functionally and objectively administered. The division is looking to support an online dashboard to allow irrigators to remotely control waterflow. The division currently lacks the staff to complete this endeavor, but is determined to roll it out at some point in the future.
“This just doesn’t happen overnight by any means,” Makepeace said.
Formation of the Unitary Management Ordinance (UMO) board was also discussed. A unique feature in the United States, the board was formed due to the checkerboard nature of the reservation water rights. The board will have four main functions:
First, the board will be tasked with allocating new appropriations, both for water rights that do not need mitigation to offset different water rights such as private wells, and for appropriations required to mitigate adverse effects to existing water rights.
Second, they will handle water rights changes of use, such as surface versus groundwater allocations.
Third, the board will hold endorsement responsibility for appeals.
Finally, the UMO will be used when interpretation in water rights laws and disputes is needed.
The UMO board will also be able to mediate disputes between private irrigated properties that are within the project. First, however, they will need to establish a permanent location and begin hiring staff.
Finally, Makepeace emphasized the approaching Unitary Administration and Management Ordinance March 16 deadline for landowners to register certain types of previously unrecorded water uses with the board. The division has issued several reminders since the Compact was passed, but some are still unaware of the ticking clock.
For assistance in land registration or for more information, visit the DNRC’s CSKT Water Compact website at http://dnrc. mt.gov/divisions/water/ water-compact-implementation-program/confederated-salish-and-kootenai-tribes-compact.
Local choir to appear on PBS
News from Montana PBS
MONTANA — ‘Celebrate America’ is a national program designed to give our nation’s youth a life enhancing opportunity by showcasing their choirs on Public Television” said ‘Celebrate America’ founder, Tim Janis. The production and filming of this event is made possible through the hard work and dedication of music educators, schools, students, their local communities, Montana State University students & volunteers, Montana PBS, and Tim Janis. Celebrate America is open to all schools, large or small, including both public and private school choirs.
“Contributing to community through the arts has always been a big part of Public Television’s role in the community,” said Janis. “I am genuinely overwhelmed by the incredible talent and professionalism each music educator brings to the table. Students demonstrate tremendous dedication in the preparation of their performance. They’re an undeniable musical force and a shining example of the commitment of today’s youth when encouraged to pursue the arts!”
This year, with everyone’s health and safety a top priority, after deep consideration and consultation with the participants, Montana PBS decided to proceed with taping. Late in 2021 choirs from across Montana had selected songs and taping slots and were rehearsing for their performance. On Jan. 16 and 17, 11 of the schools were able to travel to Bozeman and performed in this year’s ‘Celebrate America’ in the Montana PBS studio on the Montana State University campus. One of the selected schools belongs to Lake County.
Ronan High School Choir, under the direction of Brenna Hyvonen, will perform Kurt Bestor’s touching Prayer of the Children. “Public Television is an invaluable resource for staying connected to local programs and the community,” Janis said. “PBS programming helps to bring the community together.”
Janis, Montana’s participating choirs, and Montana PBS invite you to listen, watch and ‘Celebrate America’ on March 7 at 7 p.m. MST on Montana PBS. Friends and family across the world are invited to watch online, adjusted to their local time zone.
Correction
The position of Anne Engebretson was incorrectly reported in a Coats for Kids article published Feb. 23, 2022. Engebretson is the manager of Port Polson Inn. The Valley Journal regrets the error.
USDA to invest $1 billion in climate smart commodities
News from USDA
BOZEMAN — The U.S. Department of Agriculture is delivering on its promise to expand markets by investing $1 billion in partnerships to support America’s climate-smart farmers, ranchers and forest landowners. The new Partnerships for Climate-Smart Commodities opportunity will finance pilot projects that create market opportunities for U.S. agricultural and forestry products that use climate-smart practices and include innovative, cost-effective ways to measure and verify greenhouse gas benefits. USDA is now accepting project applications for fiscal year 2022.
“America’s farmers, ranchers, and forest owners are leading the way in implementing climate-smart solutions across their operations,” said Natural Resources Conservation Service State Conservationist Tom Watson in Montana. “Through Partnerships for Climate-Smart Commodities, USDA will provide targeted funding to meet national and global demand and expand market opportunities for climate-smart commodities to increase the competitive advantage of American producers. We want a broad array of agriculture and forestry to see themselves in this effort, including small and historically underserved producers as well as early adopters.”
For the purposes of this funding opportunity, a climate-smart commodity is defined as an agricultural commodity that is produced using agricultural (farming, ranching or forestry) practices that reduce greenhouse gas emissions or sequester carbon.
Funding will be provided to partners through the USDA’s Commodity Credit Corporation for pilot projects to provide incentives to producers and landowners to: - Implement climate-smart production practices, activities, and systems on working lands. - Measure/quantify, monitor and verify the carbon and greenhouse gas (GHG) benefits associated with those practices. - Develop markets and promote the resulting climate-smart commodities.
How to Apply:
The primary applicant must be an entity, not an individual. A range of public and private entities may apply, including: county, city or township governments; special district governments; state governments; small businesses; for profit organizations other than small businesses; Native American tribal governments (Federally recognized); Native American tribal organizations (other than Federally recognized tribal governments); nonprofits having a 501(c)(3) (other than institutions of higher education); nonprofits that do not have a 501(c)(3) (other than institutions of higher education); private institutions of higher education, or public and state-controlled institutions of higher education.
Funding will be provided in two funding pools, and applicants must submit their applications via grants.gov by 11:59 p.m. EST on April 8 for the first funding pool (proposals from $5 million to $100 million), and May 27 for the second funding pool (proposals from $250,000 to $4,999,999). Proposals must provide plans to: - Pilot implementation of climate-smart agriculture and/or forestry practices on a large-scale, including meaningful involvement of small and/or historically underserved producers. - Quantify, monitor, report and verify climate results. - Develop markets and promote climate-smart commodities generated as a result of project activities.
USDA is committed to equity in program delivery and is specifically seeking proposals from entities serving all types of producers, including small or historically underserved producers. Providing sufficient incentives to encourage producer participation and generating both verifiable greenhouse gas reduction and carbon sequestration benefits are critical to project success and will be considered in the evaluation criteria.
More Information:
Visit: usda.gov/ climate-smart-commodities for additional information, including details on Partnerships for Climate-Smart Commodities and resources to support your application.
USDA published a Request for Information in September 2021 seeking public comment and input on design of this new initiative and used the nearly 400 comments received to inform this funding opportunity.
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