Irrigation Leader July/August 2020 by Water Strategies

VOLUME 11 ISSUE 7

july/august 2020

Catastrophic Failure on the Milk River Project

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CONTENTS JULY/AUGUST 2020 Volume 11 Issue 7

6 Catastrophic Failure on the Milk River Project

5 C atastrophe at the St. Mary Unit By Kris Polly 6 C atastrophic Failure on the Milk River Project 12 I n Memoriam: C. Dale Duvall 14 T he Bureau of Reclamation’s Response to the Drop 5 Failure 18 S enator Steve Daines on Defending Montana Agriculture

20 C ongressman Greg Gianforte: The Importance of Montana’s Irrigated Agriculture

28 T he Intertwined History of the Blackfeet Nation and the Milk River Project 30 W ater Resources in the Fort Belknap Indian Community 34 P reserving Pick-Sloan Power for the Sidney Water Users Irrigation District 36 W orking to Resolve Kinsey Irrigation Company’s Power Dilemma

Coming soon in Irrigation Leader: September: Groundwater Storage and Recharge Do you have a story idea for an upcoming issue? Contact our editor-in-chief, Kris Polly, at kris.polly@waterstrategies.com.

4 | IRRIGATION LEADER | July/August 2020

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STAFF: Kris Polly, Editor-in-Chief Joshua Dill, Managing Editor Tyler Young, Writer Stephanie Biddle, Graphic Designer Eliza Moreno, Web Designer Milo Schmitt, Media Intern SUBMISSIONS: Irrigation Leader welcomes manuscript, photography, and art submissions. However, the right to edit or deny publishing submissions is reserved. Submissions are returned only upon request. For more information, please contact our office at (202) 698-0690 or irrigation.leader@waterstrategies.com. ADVERTISING: Irrigation Leader accepts half-page and full-page ads. For more information on rates and placement, please contact Kris Polly at (703) 517-3962 or irrigation.leader@waterstrategies.com. CIRCULATION: Irrigation Leader is distributed to irrigation district managers and boards of directors in the 17 western states, Bureau of Reclamation officials, members of Congress and committee staff, and advertising sponsors. For address corrections or additions, please contact our managing editor, Joshua Dill, at joshua.dill@waterstrategies.com. Copyright © 2020 Water Strategies LLC. Irrigation Leader relies on the excellent contributions of a variety of natural resources professionals who provide content for the magazine. However, the views and opinions expressed by these contributors are solely those of the original contributor and do not necessarily represent or reflect the policies or positions of Irrigation Leader magazine, its editors, or Water Strategies LLC. The acceptance and use of advertisements in Irrigation Leader do not constitute a representation or warranty by Water Strategies LLC or Irrigation Leader magazine regarding the products, services, claims, or companies advertised. /IrrigationLeader

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COVER PHOTO:

Drop 5 of the St. Mary Unit of the Milk River Project with Jennifer Patrick, Program Manager, Milk River Joint Board of Control, and Marko Manoukian, Montana State University Extension Agent. Photos courtesy of Jenn Patrick and Marko Manoukian.

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PHOTO COURTESY OF JENN PATRICK AND MARKO MANOUKIAN.

19 S enator Jon Tester on Legislating for Montana in Washington, DC

24 T he Montana Water Resources Association: Advocating for Montana Irrigated Agriculture in Helena and Washington, DC

Irrigation Leader is published 10 times a year with combined issues for July/August and November/December by

Catastrophe at the St. Mary Unit By Kris Polly

n May 17, the long-feared happened—the catastrophic failure of drop structure 5 in the St. Mary unit of Montana’s Milk River Project. Unless and until the St. Mary unit is repaired, it will not be possible to replenish the project’s storage, threatening the agricultural producers and municipalities that rely on its water. Much of this July/August issue of Irrigation Leader is devoted to this critical situation and how to resolve it. Our cover interview features Jennifer Patrick of the Milk River Joint Board of Control and Marko Manoukian of the St. Mary Rehabilitation Working Group, two individuals who are working on the ground to facilitate the drop 5 repair. We also speak to Shelby Hagenauer and Steve Davies of the Bureau of Reclamation about the agency’s response to the drop structure failure and to Congressman Greg Gianforte and Senators Steve Daines and Jon Tester about how they are advocating for Montana in the U.S. Congress. Mike Murphy of the Montana Water Resources Association gives us a Montana-wide view of the needs and top issues of water users and suppliers. We also speak with Jeanne Whiteing, an attorney and member of the Blackfeet Nation, on whose reservation the drop 5 structure stands, about how the State of Montana, Reclamation, and other entities are cooperating with the tribe to repair the structure, and with Kristal Fox, the administrator of the Fort Belknap Indian Community’s Water Resources Department, which relies in large part on water delivered by the Milk River Project.

We also speak with Raymond Bell of the Sidney Water Users Irrigation District and Doug Martin of the Kinsey Irrigation Company. These two eastern Montana irrigation districts are facing the prospect of losing access to the affordable Pick-Sloan Missouri Basin Program power that, for 75 years, has allowed them to provide water to dozens of local family farms. They are working hard in cooperation with the Montana congressional delegation to pass legislation that will allow them to continue to use it. It is too easy to take our nation’s irrigation infrastructure for granted. The underfunding of aging infrastructure repairs can lead, in worst-case scenarios, to catastrophic failures like the one that happened at the St. Mary unit. The value of such infrastructure becomes vividly clear when it is lost. The consequences of such a loss are significant. We must not wait until such failures occur to understand the indispensability of our irrigation infrastructure. IL Kris Polly is editor-in-chief of Irrigation Leader magazine and president of Water Strategies LLC, a government relations firm he began in February 2009 for the purpose of representing and guiding water, power, and agricultural entities in their dealings with Congress, the Bureau of Reclamation, and other federal government agencies. He may be contacted at kris.polly@waterstrategies.com.

Israel Water Education and Trade Tour, June 28–July 6, 2021 Please save the date for this tour, sponsored by Municipal Water Leader and Irrigation Leader magazines and operated by Imagine Tours and Travel, LLC. $4,707.00 per attendee (with airfare from Dulles airport) $4,319.00 per attendee (without airfare) All posted prices, services, and destinations are subject to the terms and conditions of the participant agreement. To view, please visit http://irrigationleadermagazine.com/israel_tour/. Irrigation Leader and Municipal Water Leader magazines are published by Water Strategies LLC. For more information about the tour and to reserve a participation slot, please email Tom Wacker at tom.wacker@waterstrategies.com.

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July/August 2020 | IRRIGATION LEADER

Catastrophic Failure on the Milk River Project

An aerial photo of drop 5 after its collapse.

n May 17, a drop structure on the Milk River Project, which conveys water to the Milk River in Montana’s Hi-Line Region, failed catastrophically. The supplemental flows to the Milk River that the project was founded to supply have ceased and will not resume until the structure is repaired. While local reservoirs hold adequate water for limited operations to continue this year, the drop structure failure presages shortages and rationing for local irrigators and municipalities. In this interview, Jennifer Patrick, the program manager of the Milk River Joint Board of Control (MRJBOC), and Marko Manoukian, the Montana State University (MSU) extension agent in Phillips County and the local chairperson for the St. Mary Rehabilitation Working Group, tell Irrigation Leader about this urgent problem and the prospects for reconstruction. Irrigation Leader: Please tell us about yourselves.

6 | IRRIGATION LEADER | July/August 2020

Irrigation Leader: Would you tell us about the history of the Milk River Project? irrigationleadermagazine.com

PHOTO COURTESY OF JENN PATRICK.

Jennifer Patrick: I am the program manager of the MRJBOC, which is made up of eight irrigation districts that serve a total of about 110,000 irrigated acres. The MRJBOC acts as a liaison between stakeholders, including the irrigators and federal, state, and tribal entities, all of whom share the goal of delivering water to the Milk River basin. I have been in my current position since April 2007.

Marko Manoukian: By day, I’m the MSU Phillips County extension agent. I am also the chairperson of the St. Mary Rehabilitation Working Group. The working group originated in 2003, when Lieutenant Governor Karl Ohs, who has since passed away, held a meeting in Havre to raise awareness of the fact that the State of Montana was providing money to a federal project. Ohs was from Malta, Montana, and understood the importance of the water to the Hi‑Line region of Montana. At the meeting in Havre, he had all the interested parties involved, including Walleyes Unlimited, the tribes, and the irrigators. Based on that meeting, he created the St. Mary Rehabilitation Working Group. I was an inaugural member of the working group and have served as a representative for Phillips County since 2003. When our local chairperson, Randy Reed, passed away, the group asked me to assume his position. Additionally, Jenn and I have acted as the coordinators of the St. Mary Rehabilitation Working Group, providing information and guidance to its members, taking input from them, and moving forward with our goal of getting legislation passed to benefit the Milk River Project.

Jennifer Patrick: The majority of the construction of the Milk River Project was authorized in 1905 and lasted until Fresno Dam was completed in 1939. The plan was to transfer water from a basin that had abundant water to a basin where there was no water—namely, the Milk River basin. The Milk River has limited flows, so the Milk River Project brings water through a 29‑mile canal with a series of siphons, checks, wasteways, and drops that discharges water into the north fork of the Milk River, which then travels 216 miles through Alberta, Canada, before reentering the United States and depositing the water in Fresno Reservoir near Havre. Today, the Milk River Project irrigates about 140,000 acres. That includes the land irrigated by the eight irrigation districts, the Fort Belknap Indian Community, Bowdoin Wildlife Refuge, municipalities, and individual state and private pump contracts. There are also additional tribal authorized purposes identified in the 2017 Blackfeet Compact that are being established. Irrigation Leader: Would you walk us through the timeline of events before the drop 5 failure on May 17? Jennifer Patrick: About a week before the drop 5 failure, we noted another failure—there was water leaking behind a gate. It was pretty close to startup, so before it became a bigger issue, we shut down the canal; some overflows were coming through the current structures. On May 17 at about 3:00 p.m., we received a call that the drop structure had failed. In fact, only about half the water that would usually be running through the system was actually running at the time, so we were lucky—if it had been the normal amount of water, it would have taken out a lot more of the canal bank and surrounding area than it did. This concrete drop structure is the last of five drop structures that use gravity and siphons to convey water through the canal. We probably will never know the cause of the failure of the drop, but it was over 100 years old, so I am sure that age played a large role. The MRJBOC, the Bureau of Reclamation, and the State of Montana’s Department of Natural Resources and Conservation (DNRC) conducted an engineering site inspection on May 27 to assess the damage and to determine whether an interim fix that would allow us to move water this year was feasible. The team concluded that the complexities and costs associated with an interim solution could not be justified, considering the anticipated costs and the minimal gains in water supply it would allow. Subsequently, the decision was made to immediately replace both drop 5 and drop 2, another high-risk drop structure, with the intent of completing construction by late this summer. Irrigation Leader: How does the drop 5 failure affect downstream water users?

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Jennifer Patrick: The storage for this year is pretty decent, but the failure means that the water we have now is all we can plan on having until the structures are repaired. Fresno and Nelson Reservoirs started the year full. That allows us to deliver one round of irrigation to all the contracted acres. The irrigation districts usually are able to deliver two full rounds of irrigation, using about an acre-foot per acre each time. The failure essentially took the second round of irrigation off the table. Without a couple timely precipitation events, the farmers will be looking at crop losses. Fresno Reservoir is fed primarily by this transfer— in a dry year, 95 percent of its water is transferred through the St. Mary system to the Milk River Project. It’s a big deal for the Milk River basin on both sides of the U.S.Canada border. A few of the municipalities east of Fresno are completely dependent on this water as well. If we don’t fix the system this year, and fix it right, the storage we currently have in the basin will be depleted and we will have to rely on runoff and rain for irrigation. In that case, the cities and towns will face restrictions. The project also creates habitat for wildlife and provides water for recreational uses; we have not even begun to quantify those losses beyond this season. Irrigation Leader: What are the next steps that need to be taken? Jennifer Patrick: The MRJBOC has signed an agreement with Reclamation that temporarily transfers operations from Reclamation to the MRJBOC board and has hired a contractor. Within the next few weeks, after we secure landowner agreements and complete the permitting paperwork, the contractor will begin work on drop 5, and hopefully on drop 2 as well. We are trying to come up with the funding package for drop 2, which actually looked worse than drop 5 before the failure. This will allow us to replace the two structures at the same time. The project is also on the Blackfeet Indian Reservation, so we have cultural and environmental compliances that we are working through as well. The tribe has been helpful with the processes and helping us through the requirements despite the COVID‑19 restrictions it is under. Irrigation Leader: How long do you think the construction project will take, and what will the cost be? Jennifer Patrick: We are looking at a 4‑month construction season, although I still hope that we can move some water before it is over. If everything goes well, water will start being delivered again in September; that depends on the Montana weather. Irrigation Leader: How would you characterize the cooperation between MRJBOC and Reclamation?

July/August 2020 | IRRIGATION LEADER

Jennifer Patrick: The Reclamation team has been excellent. Steve Davies of Reclamation’s area office always has his hands full, but he has made this a priority and has extended all available resources to walk us through the processes. Right now, they are probably sick of me, but I have been talking to two of the engineers on the project, Chris Gomer and Steve Darlinton, on a daily basis as we jump through hoops and try to stay ahead of the contractors’ arrival. We are also still trying to get through the irrigation season and to leave the right amount of water in storage facilities for municipal use. Clayton Jordan has been keeping up with the overwhelming change, trying to read his crystal ball, and trying to keep everyone happy. Even though this is a federal project, other entities have stepped up, too. The director of the DNRC, John Tubbs, has been leading the efforts of the State of Montana and has been supportive. The cities, towns, and other entities that sit on the St. Mary Rehabilitation Working Group have all been supportive as well. They are always asking what they can do for us. As I said before, we are in Blackfeet country, and the Blackfeet Nation has been supporting and helping us. The tribe also has a stake in this: As the compact was settled in 2017, the tribe can develop its 5,000 acrefeet of water right now, but with the system down, it’s pretty hard to deliver any water or establish new contracts. COVID‑19 has not helped us at all there—many tribal offices are shut down, but everyone is doing their best to get to the table and work on the permitting and compliances. The International Joint Commission (IJC) and the National Resources Conservation Service have also stepped up and are trying to take part in the team and processes. That, to my mind, is positive. Irrigation Leader: What is the anticipated overall cost of repairing drops 2 and 5? Jennifer Patrick: Engineering estimates suggest that there has been a lot of damage; a lot of material has left the site. Until we get in there and get things going, it will be really hard to identify exact numbers.

causing a loss of water to the project. If another structure fails in a year or two, shutting down another system, the Milk River basin will not survive. Marko Manoukian: A specific message for Congress is that Reclamation can only work within the laws that currently exist. All along, we’ve been asking for a cost allocation change. Roughly 75 percent of the project and maintenance costs need to be covered by the users; 25 percent is covered by the federal government. We’d like to invert those numbers. All the structures in this project are more than 104 years old. Just addressing one element is not going to be a solution. We need a long-term plan to address all these things, just like Goshen County did last year. It is in the same boat we are, with a tremendous amount of aging infrastructure. Irrigation Leader: Is there anything else you would like to discuss? Marko Manoukian: Water is a basic human need. Now that our system is compromised, not only are irrigators going to need to figure out how to maintain productivity, but local communities are going to be saddled with rationing water. Our friends to the north are going to be facing a real issue; they only have 3 months’ worth of storage for Milk River Canada. They’ll feel the effects even more, but even Chinook, the Fort Belknap Agency, Harlem, and Havre are going to see rationing as time goes on. Jennifer Patrick: The situation has shone light on the fact that the town of Milk River, Alberta, has wells that supply water to the towns of Coutts, Alberta, and Sweet Grass, Montana. The town of Milk River has 3–4 months’ worth of storage, but otherwise, they’re 100 percent dependent on this system as well. They’re having conversations on their response, interim solutions, and what this all means. Can Canada actually provide funding? As in the United States, the process is cumbersome and slow. Those conversations are happening at the IJC level. IL

Irrigation Leader: What is your message to Congress and your congressional delegation?

8 | IRRIGATION LEADER | July/August 2020

Jennifer Patrick is the program manager of the Milk River Joint Board of Control. She can be contacted at jenn@mrjboc.com or (406) 945‑3383. Marko Manoukian is the Montana State University extension agent in Phillips County and the local chairperson for the St. Mary Rehabilitation Working Group. He can be contacted at pcextn@mtintouch.net or (406) 654‑2543. irrigationleadermagazine.com

PHOTOS COURTESY OF JENN PATRICK AND MARKO MANOUKIAN.

Jennifer Patrick: Help us come up with a reasonable cost-share agreement for the entire rehabilitation of the project. Our state, local, and federal legislators have been supportive and have helped to push Commissioner Burman of Reclamation to help us with financing. To the congressional delegation, I would say that the aging infrastructure of this project needs to be addressed. In addition to these two drop structures, there are issues with a diversion dam and other parts of the water transfer in this 29‑mile canal and project. We have quite a few other structures in dire need of repairs. This failure is already

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In Memoriam: C. Dale Duvall, Commissioner, Bureau of Reclamation, 1986–1989

Clayton Dale Duvall passed away on June 10, 2020, at the age of 87. The Bureau of Reclamation issued the following paragraph highlighting the life and achievements of Commissioner Duvall: “In a 1993 interview, Duvall related that he had been born and raised ‘practically in the shadow of the Grand Coulee Dam.’ Despite that immediacy, Duvall garnered little subsequent experience with water policy issues before his appointment as commissioner. Duvall attended Eastern Washington College of Education, Gonzaga University, and Kinman Business University. He entered the business world as a CPA and was a partner in a Spokane accounting firm from 1965 to 1980. Duvall acted as vice president and treasurer of the Overseas Private Investment Corporation (OPIC) from 1981 to 1986. Highlights of his term as commissioner include the rehabilitation of the Salt River Project’s Theodore Roosevelt Dam, an increased emphasis on dam operation and maintenance, and the 1987–88 reorganization of Reclamation. Duvall left Reclamation on July 6, 1989, to head up the Department of Veterans Affairs.” “There’s no question about it—He was a good guy. I had a chance to work with him when I was in Washington, and he was a great commissioner.” —Former Reclamation Commissioner Bob Johnson Donations in his honor may be made to the Museum of Culpeper History, 113 Commerce Street, Culpeper, VA 22701 (culpepermuseum.com) or Reformation Lutheran Church, 601 Madison Road, Culpeper, VA 22701 (culpeperlutherans.org).

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The Bureau of Reclamation’s Response to the Drop 5 Failure

The top portion of the collapsed drop 5 structure is excavated.

ontana’s Milk River Project is a Bureau of Reclamation project whose history goes back a century. After the recent catastrophic failure of one of the project’s drop structures, Reclamation has been working closely with the Milk River Joint Board of Control (MRJBOC), the State of Montana, local Native American tribes, and other stakeholders to plan for a permanent repair to the structure. In this interview, Shelby Hagenauer, Reclamation’s deputy commissioner, and Steve Davies, the manager of Reclamation’s Montana area office, tell Irrigation Leader about the role the agency has played in the response to the drop structure failure and the plans for a permanent solution to the problem. Irrigation Leader: Please tell us about your backgrounds and your current roles.

Steve Davies: I’m the manager for Reclamation’s Montana area office and have served in that capacity for 5 years. I currently have oversight responsibility for all Reclamation

14 | IRRIGATION LEADER | July/August 2020

facilities in Montana east of the Continental Divide, which covers 13 projects serving about 400,000 acres of irrigated agriculture. There are lots of structures and lots of stakeholders, including irrigators, power customers, the State of Montana, private interests, and tribes. Previously, I was the facility operations and maintenance division manager for the Montana area office. I’ve been in the Montana office for 25 years and with Reclamation for 35 years. I’m originally from South Dakota, and I started with Reclamation in South Dakota in the Black Hills and worked on the Buffalo Bill Dam project in Cody, Wyoming, for a number of years as well. I’ve really enjoyed working on hydropower and irrigation facilities. Irrigation Leader: On May 17, the drop 5 structure in the St. Mary unit of Montana’s Milk River Project failed. Please describe the actions Reclamation has taken to address the failure. Steve Davies: Reclamation assembled a large technical team that included representatives from Reclamation, the MRJBOC, its engineering consultant HDR Engineering, the Montana Department of Natural Resources and Conservation, the Blackfeet Nation, and the tribe’s engineering consultant. It took us a week to get on site for an assessment due to access and weather conditions, primarily rain. In addition, we had to immediately shut off the canal and wait for the area to drain. About a week later, a large team that included staff from our Denver and Billings offices and stakeholders assembled at the site to evaluate the situation and plan our approach. We gathered a lot of data on the topography of the area and took photos. After the site visit, we continued to discuss how to fix or replace drop 5 and what temporary repairs to put in place in the meantime. It was a quick, in-depth discussion about how to get the canal back online, how long it might take, what it might cost, and the water supply benefits it would provide. We evaluated how the temporary options and the permanent replacement of the structure might affect irrigation and water irrigationleadermagazine.com

PHOTOS COURTESY OF THE BUREAU OF RECLAMATION.

Shelby Hagenauer: As a deputy commissioner at Reclamation, my responsibility is to be the alter ego of the commissioner. My focus is working with our stakeholders, with Congress, and with the public. I’ve been in this position since October 2018. I’m proud to be at Reclamation, representing President Trump, Secretary Bernhardt, and Commissioner Burman as we focus on our mission to provide reliable water and power to the West. As for my background, I’ve spent a lot of time working on Capitol Hill for members of Congress from California. That was my introduction to water policy. One of the reasons I wanted to come to Reclamation was to gain a deeper understanding of the breadth of the work that is done across the West to support communities, farms, and families. My father was a pilot in the Air Force, so I’m a military kid. Home is where your parents are right now, and they’re in California. That’s where I spent most of my time and effort professionally also.

Excavators atop the collapsed drop 5 structure, seen from below.

supply schedules, trying to provide as much information as possible to the MRJBOC. It is the organization most affected, as it has lost a significant part of its irrigation season. Over a period of 2–3 weeks culminating on June 4, we presented everything that we had determined to the MRJBOC. Based on that, the MRJBOC made the decision not to pursue temporary repairs, since they would take almost as long as a permanent replacement, would complicate the permanent replacement, could cost $1 million, and might gain only a week’s worth of additional irrigation. The MRJBOC weighed a lot of risks before it elected to forgo temporary repairs and focus on the permanent repair. Because it is forgoing half its irrigation season, its irrigators, who normally get 2 acre-feet per acre per year, will only be getting 1. Fresno and Nelson Reservoirs are supplying water now, but unless there is more rain, the irrigation season will be over by about mid-July. We’re ensuring that the municipalities have a water supply through the winter. Right now, the state, the MRJBOC, and Reclamation are focused on getting these repairs done now so that there is water next year. Irrigation Leader: Would you tell us about the permanent repairs you are planning for drops 2 and 5? Steve Davies: At the start of fiscal year 2020, the MRJBOC and Reclamation had planned on replacing drop structure 2. Drop 2 was fully designed and was ready to go out for solicitation. Both drops 2 and 5 were deemed to be at high risk of failure. Based on inspections we had done about 6 years ago, we focused primarily on drop 2. Lo and behold, drop 5 failed first. If there’s anything positive about that, it is that the construction for drop 2 is fully designed; those plans are actually being used to help guide the design for the repair of drop 5. While our focus has obviously shifted to drop 5, we’re all cognizant that the worst thing that could happen would be repairing drop 5, turning the canal back on, and then having drop 2 fail. That led to the MRJBOC’s decision to pursue both repairs simultaneously. Irrigation Leader: How would you describe the path forward? Steve Davies: Reclamation’s contractual relationship with the MRJBOC is highly positive. We were able to temporarily transfer operations and maintenance and replacement responsibilities to the MRJBOC for drops 2 and 5. This is a bit unique because normally Reclamation leads all maintenance activities on the St. Mary facilities. The MRJBOC, along with its consultant, is now capably leading the effort and has hired a contractor to work on the site. It began excavating drop 5 on June 22 and afterward, it will move to drop 2 and start forming concrete structures. The construction period is expected to last at least through August and likely into September. Depending on when it finishes, there may be an opportunity to move some water this year to shore up water supplies in the downstream reservoirs. irrigationleadermagazine.com

Irrigation Leader: What other stakeholders has Reclamation worked with? Steve Davies: The State of Montana has bonding authority and is an important partner from a potential funding perspective. The canal and drop structures are located entirely within the Blackfeet Indian Reservation. We’ve had tremendous support and assistance on environmental and cultural issues from the Blackfeet Nation. We’re appreciative of that. That collaboration is going to continue. Tribal staff, along with their environmental consultants, will be on site for the construction to make sure the contractor meets all tribal requirements. Another group that we collaborate with extensively is the International Joint Commission, which deals with the cross-border nature of the Milk River. The accrediting officers for the United States and Canada are meeting regularly on this. The Canadians are not used to seeing such a limited water supply in the Milk River in Canada. They don’t have a right to the water that we move through Canada, but they are affected by the overall situation of low flow. Shelby Hagenauer: The coordination that has been part of the response to the situation has illustrated Reclamation’s intention to be a water user–focused agency. The work that the local office has done over the years to develop relationships with local communities, water users, and the tribes is what makes Reclamation’s work successful. We’ve also made sure that we’re communicating with the Montana congressional delegation. Congress is an important stakeholder and an important part of this process. We appreciate that we’ve got an open communication line with them; Steve has helped provide the congressional delegation updates to make sure that they know what is going on. Irrigation Leader: How would you describe Reclamation’s commitment to the stakeholders? Shelby Hagenauer: We value our relationships with our stakeholder partners here and across the West. Reclamation and the customers of the Milk River Project have been working together closely for many years to understand the limitations of aging infrastructure and what needs to be done to remedy them. While none of us wanted this failure to happen, we were ready. When it happened, everyone jumped into action to work together. Reclamation is committed to seeing these facilities repaired and moving water as soon as possible Irrigation Leader: Would you tell us about your cooperation with the tribes? Steve Davies: It has been positive. We’ve had briefings with the Blackfeet Nation’s Tribal Council on environmental and cultural matters. We are in near-daily contact with the staff July/August 2020 | IRRIGATION LEADER

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of the Blackfeet Nation. The tribe is going to have an onsite monitor. This project also has the potential to affect another tribal entity, the Fort Belknap Indian Irrigation Project (FBIIP), which is located below Havre and has water rights to natural flows and storage in Fresno Reservoir. We’re working with FBIIP and making sure we’re communicating any effects this work may have on its water supply. We aren’t seeing any yet, but we are monitoring the situation closely. Irrigation Leader: What should everyone who is dependent on a Reclamation project know about Reclamation? Shelby Hagenauer: We are committed to our stakeholders. President Trump, Secretary Bernhardt, Commissioner Burman, and our whole team are committed to providing reliable water and power to families, farms, and communities across the American West. That covers a variety of things, from addressing issues like the collapse on the St. Mary Canal in the Milk River Project to looking at new opportunities for storage in areas that have challenges with droughts. Reclamation just celebrated its 118th birthday on June 17, and we and our stakeholders are facing the challenge of aging infrastructure. We are focused on dam safety and maintaining existing reserved

and transferred works, but we are also looking forward to the needs of the future. Steve Davies: We take our role seriously. The challenges that Reclamation and its stakeholders face with aging infrastructure cannot be overstated. There are many structures over 100 years old. Funding constraints on infrastructure projects across the United States are just as challenging as the technical task of designing replacements. IL

Shelby Hagenauer is the deputy commissioner of the Bureau of Reclamation. She can be contacted at shagenauer@usbr.gov or (202) 513‑0583. Steve Davies is the manager for Reclamation’s Montana area office. He can be contacted at sdavies@usbr.gov or (406) 247‑7298.

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Senator Steve Daines on Defending Montana Agriculture A landscape in Glacier National Park.

teve Daines was elected to the United States Senate in 2014 after two years as Montana’s at-large representative in the U.S. House of Representatives. In this interview, Senator Daines tells Irrigation Leader about his advocacy and legislative efforts on behalf of the Milk River Project and the Sidney and Kinsey irrigation projects in eastern Montana.

Irrigation Leader: Would you explain the significance of S. 1305, the St. Mary’s Reinvestment Act? Steve Daines: The catastrophic failure of a drop structure in the St. Mary unit of the Milk River Project last month was devastating, and Cindy and I are praying for those faced with this new uncertainty going into irrigation season. For years, the Montana delegation has fought for legislation to prevent this very failure from occurring, but our pleas have fallen on deaf ears. S. 1305, the St. Mary’s Reinvestment Act, would change the federal cost share, allowing the dilapidated water infrastructure to finally be rehabilitated. I

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Steve Daines is a United States senator from Montana. For more information about Senator Daines, visit daines.senate.gov.

irrigationleadermagazine.com

PHOTOS COURTESY OF TIM GAGE AND THE OFFICE OF SENATOR STEVE DAINES.

Irrigation Leader: Please tell our readers about your background and connection to Montana. Steve Daines: It is my distinct honor to serve as Montana’s voice in the United States Senate. As a fifth-generation Montanan, I understand the importance of reliable water to Montana’s way of life. Irrigation Leader: Why is irrigation important to Montana and the country? Steve Daines: Agriculture is the largest industry in Montana and a major driver of our rural economies. You have to remember that if it’s not mined, it’s grown— Montana agriculture provides food and fiber for folks across the country, and critical to that agriculture industry is reliable irrigation. The viability and sustainability of agricultural operations and the rural communities they support is dependent on irrigation. That is why we must do all we can to invest in and rehabilitate aging water infrastructure. Montanans’ livelihoods, Montana’s rural economies, our American food supply, and our trade relationships all depend on it.

wrote to Senate leadership urging quick consideration and passage of this Montana priority. I’ve also written to Bureau of Reclamation Commissioner Burman and Secretary of the Interior Bernhardt, urging them to use all their authority to minimize the burden on irrigators. The Milk River Project has been termed the lifeline of the Hi-Line, supplying up to 90 percent of the water used in the Milk River basin during dry years. I won’t stop fighting until I get the 18,000 water users that depend on this system the help they deserve. Irrigation Leader: How will S. 1882 benefit the communities of Sidney and Kinsey in eastern Montana? Steve Daines: The Department of the Interior did a disservice to the Kinsey Irrigation Company and the Sidney Water Users Irrigation District by refusing to renew longstanding agreements on project use power. The Sidney and Kinsey irrigation districts serve more than 130 family farms and irrigate nearly 12,000 acres of farmland. My bipartisan bill ensures that these irrigation districts will continue receiving this affordable power, which facilitates irrigation. This is absolutely critical to maintaining agriculture operations in eastern Montana. Irrigation Leader: What is your message to irrigators and rural communities throughout Montana? Steve Daines: First and foremost, thank you for what you do. Your hard work every day supports the Montana way of life, drives rural economies, and puts food on the tables of Americans across the nation. As your voice in the United States Senate, I will continue fighting to ensure that the water infrastructure needs of our communities, our irrigators and our farmers and ranchers are met. Nothing is more important in the West than clean and reliable water. IL

Senator Jon Tester on Legislating for Montana in Washington, DC

hird-generation Montanan Jon Tester has represented Montana in the United States Senate since 2006. His prior experience in agriculture and local and state government means that he has an intimate knowledge of the importance of irrigated agriculture for Montana’s economy. In this interview, Senator Tester tells Irrigation Leader about his legislative work on behalf of Montana irrigators. Irrigation Leader: Please tell our readers about your background and connection to Montana. Jon Tester: I have represented Montana in the United States Senate since 2006. I was born and raised in northcentral Montana, where my wife, Sharla, and I still farm the same land near Big Sandy that was homesteaded by my grandparents in 1912. Before coming to the Senate, I was a music teacher in my community, which inspired me to serve on the local school board. In 1998, I was elected to the Montana Senate and served there—including as its president—until my election to the United States Senate. Irrigation Leader: Why is irrigation important to Montana and to the country? Jon Tester: Montana’s economy is driven mostly by agriculture, and because we have such a large state, irrigation is one of the essential services we rely on. To keep family farms like mine alive and well, it’s critical that we make substantial investments in water systems. This also ensures that everyone—not just farmers and ranchers—has access to clean water, even in the most remote parts of the state. Many rural communities across the country struggle to get the federal help they need to improve or replace outdated water systems. That’s why I’ve been working tirelessly to pass legislation that helps frontier communities get the resources they need to ensure they have access to clean water.

PHOTO COURTESY OF THE OFFICE OF SENATOR JON TESTER.

Irrigation Leader: Would you explain the significance of S. 1305, the St. Mary’s Reinvestment Act? Jon Tester: One of the oldest Bureau of Reclamation projects in the nation, the Milk River Project is the lifeline of Montana’s Hi-Line region. Irrigating more than 148,000 acres and providing access to water to more than 18,000 folks, including two tribal communities, this system is the backbone of many rural and frontier areas in Montana. However, the project is more than a century old and is in desperate need of repair. The recent failure of drop 5 shows that we can’t afford to drag our feet any longer on rehabilitating and replacing large sections of this system. irrigationleadermagazine.com

That’s why I’m working to find a path forward for my St. Mary’s Reinvestment Act, which will reduce the current 74 percent nonfederal cost share that is overburdening water users who are seeking to fund replacement work on the project, including the St. Mary Diversion Dam. My bill will ensure that water keeps flowing for folks on the Hi-Line without forcing irrigators to break the bank, harming fish health, or infringing on our trust and treaty responsibilities to Montana tribes. For the better part of 15 years, I’ve been fighting to bring in more federal funding for the Milk River Project through my roles in both the United States and Montana Senates, and I will continue this fight until this bill makes it across the finish line. Irrigation Leader: How will S. 1882 benefit the communities of Sidney and Kinsey in eastern Montana? Jon Tester: Like most places in the Treasure State, the Sidney and Kinsey communities rely on a strong agricultural economy to survive, and you can’t support that economy without clean water. S. 1882 will ensure that irrigators can’t be priced out of getting water to their fields while allowing the Sidney Water Users Irrigation District and the Kinsey Irrigation Company to continue using the same project use power they’ve been relying on for decades, bringing certainty to the family farms, ranches, and frontier communities that need them. Irrigation Leader: What is your message to irrigators and rural communities throughout Montana? Jon Tester: Agriculture is the powerhouse behind our economy and is deeply rooted in our way of life. As a third-generation Montana farmer, I know how critical it is that the voices of irrigators are heard loud and clear in Washington, DC, so that producers across the state can continue doing what they do best: growing the best crops and livestock on earth. Communities across Montana rely on irrigation to keep their economies strong, and they shouldn’t be breaking the bank to make improvements that should have been taken care of years ago. As folks work to improve their local water systems, I will continue fighting to fund rural water projects, improve small drinking and wastewater systems, and provide technical assistance to ensure the longevity of these systems. IL Jon Tester is a United States senator from Montana. For more information about Senator Tester, visit tester.senate.gov.

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Congressman Greg Gianforte: The Importance of Montana’s Irrigated Agriculture

hile many Americans from outside Montana may not be familiar with the Milk River Project or the Sidney and Kinsey Irrigation Projects, their importance goes beyond Montana’s borders. The Milk River Project alone provides water to farmers who grow enough food to feed one million people per year. In this interview, Greg Gianforte, the representative of Montana’s at-large congressional district in the U.S. House of Representatives, tells Irrigation Leader about the importance of Montana’s irrigated agriculture and how he is supporting it in Congress. Irrigation Leader: Please tell our readers about your background and connection to Montana. Greg Gianforte: I first came to Montana in a van on a junior high school trip 44 years ago. A science teacher, who had trained at Malmstrom Air Force Base and who had a passion for Montana, introduced 17 other students and me to the state. We went to Red Lodge and spent the summer in the backcountry. I knew then that I wanted to make my life in Montana. Forty years ago, I took a train from Pennsylvania to West Glacier, Montana, and hitchhiked into Spotted Bear. A friend and I hiked for 10 days across the Bob Marshall Wilderness and came out at Lincoln. The trip only reaffirmed my resolve to live in Montana and make a life here. I ended up moving to Montana with Susan, my wife of 32 years, and we raised our four kids backpacking, hiking, and camping on our public lands. In 1998, Susan and I started Right Now Technologies in a spare room in our Bozeman home. The company grew to become the largest commercial employer in the town, creating over 500 highpaying Montana jobs and helping launch the high-tech sector in Montana. Irrigation Leader: Why is irrigation important to Montana and the country?

20 | IRRIGATION LEADER | July/August 2020

Greg Gianforte: The Milk River Project, which is run by the Bureau of Reclamation, is the lifeline of Montana’s Hi-Line agricultural economy. The project was authorized in 1903 and was one of the first projects Reclamation ever designed and built. Located in north-central Montana, the Milk River Project provides water for the irrigation of about 121,000 acres of land and also supplies water to 18,000 citizens. The water helps Montana ag producers produce enough food to feed one million people each year. It also manages water for an international treaty as well as tribal water rights settlements, such as the Blackfeet Settlement. At well over 100 years old, the Milk River Project has surpassed its expected design life. Throughout the project, regular operations and maintenance have quickly been overtaken by the replacement of critical project components like the diversion dam and drops. On May 17, drop 5 of the St. Mary unit suffered a catastrophic failure, further showing the need for immediate upgrades for the entire project. My legislation will ensure a fair cost share, with the federal government picking up 75 percent of the tab, so that the burden doesn’t fall on local water users. Irrigation Leader: How will H.R. 3471 benefit the communities of Sidney and Kinsey in eastern Montana? Greg Gianforte: This bill will ensure that the Sidney and Kinsey irrigation districts continue to receive Pick-Sloan project use power (PUP). The districts received power under the PickSloan program for almost 75 years. After renewing their contracts nine times, Reclamation decided these districts were no longer eligible for PUP. If their contracts are not renewed at PUP rates, the Sidney and Kinsey irrigation districts' power costs would consume 30–40 percent of their annual operating budgets, far above the current levels of 10 percent. Losing PUP would hurt Montana families, farmers, businesses, and workers, and it could put the districts out of business. Today, Sidney and Kinsey serve more than 130 family farms that irrigate nearly 12,000 acres of farmland in eastern Montana. It is imperative that we fix Reclamation’s mistake. IL Greg Gianforte represents Montana in the U.S. House of Representatives. For more about Congressman Gianforte, visit gianforte.house.gov.

irrigationleadermagazine.com

PHOTO COURTESY OF THE OFFICE OF CONGRESSMAN GREG GIANFORTE.

Greg Gianforte: Irrigation is the lifeblood of many communities in Montana, particularly in our rural and frontier areas, where farmers and ranchers work the land to feed the world. In fact, irrigation is one reason many people moved to Montana in the early 1900s. The Pick-Sloan Missouri Basin Program provides irrigation water and affordable power to many communities in eastern Montana and in the Hi-Line region. Unfortunately, most of the infrastructure was built before the 1960s and is in dire need of repair. I have consistently advocated for investment in these rural communities, which are vital to our nation’s food supply chain.

Irrigation Leader: You introduced two pieces of legislation to help irrigators in Montana. Would you explain the significance of H.R. 2492, the St. Mary’s Reinvestment Act?

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The Montana Water Resources Association: Advocating for Montana Irrigated Agriculture in Helena and Washington, DC

The St. Mary siphon carries water to the Milk River.

ike Murphy has decades of experience in agriculture and has been the executive director of the Montana Water Resources Association (MWRA) for 27 years. MWRA advocates for Montana’s irrigated agriculture on both the state and the federal levels. In this interview, Mr. Murphy tells Irrigation Leader about the association’s top issues, including infrastructure funding and water rights adjudications. Irrigation Leader: Please tell us about your background.

Irrigation Leader: Please tell us about the irrigation issues facing the association today.

24 | IRRIGATION LEADER | July/August 2020

irrigationleadermagazine.com

PHOTOS COURTESY OF MWRA.

Mike Murphy: I grew up in an agricultural environment. My family has been involved in Montana agriculture since the late 1800s. As a child, I started out in 4‑H with lambs, and over the years, I continued my involvement in agriculture. My wife Jeanne and our kids and I continued our involvement in production agriculture with the purchase of our own ranch and have been raising cattle for more than 35 years. Over the years, I came to understand and appreciate the value of water even more, and when the opportunity arose to become the executive director of MWRA, I jumped at the opportunity. I started with MWRA in 1993 and have been with the association for about 27 years. I have the pleasure and the honor of representing Montana’s agricultural industry and all its water users. As an organization, MWRA works hard to protect water rights and keep water available for agriculture as well as municipalities and other water users.

Mike Murphy: One of the bigger issues that we face here in Montana is that a lot of our irrigation projects were developed 50–100 years ago and are now at the point where they need fairly substantial renovation, retrofits, and modernization. In many cases, the cost of those repairs exceeds the ability of the agricultural producers to pay for them. Finding the financial resources to restore and maintain those projects in order to keep them going for future generations is a challenge. The Milk River Project is an important example, but similar problems are found throughout the state of Montana. Another important issue we are trying to get through is the overall Montana water right adjudication process, which will determine what water rights agriculture and other water users actually have throughout the state. One specific related issue that needs to be resolved in order to complete the adjudication process is that of reserved water rights. Among the reserved rights that are particularly important to completing the statewide adjudication are those associated with the Confederated Salish and Kootenai Tribes (CSKT). The CSKT reserved rights are the last of seven tribal water rights to be negotiated. In fact, there is currently legislation in Congress to address the settlement authorization for that particular compact: the Montana Water Rights Protection Act, which was introduced by Montana's United States Senators, Steve Daines and Jon Tester. Infrastructure and adjudication are just a couple of the big issues that we’ve worked on. MWRA works on a wide range of issues that affect irrigated agriculture, including the Endangered Species Act. The Lower Yellowstone Irrigation

Project is dealing with the need to maintain its diversion structure for irrigation while facilitating fish passage for an endangered species. That’s been an ongoing battle. Environmental interests are not as concerned with making sure there are water resources available for agriculture as we are. It required an extensive battle through the courts to maintain those water resources for our agricultural producers, but fortunately, agriculture and common sense prevailed and provided for a win-win solution for the irrigators and other water users and for the fish—in this case, the pallid sturgeon. The irrigators were able to do that by working with the Bureau of Reclamation and the U.S. Army Corps of Engineers to facilitate the construction of a fish-friendly bypass and the modernization of the diversion structure. Irrigation Leader: What is the association’s position with regard to Senators Daines and Tester’s legislation on the compact? Mike Murphy: The CSKT compact has been a pretty contentious issue within Montana. Recognizing the importance of the compact, MWRA as an organization, along with Montana’s other major agricultural organizations, has been supportive of the compact. We realize the importance of getting the tribal water right determined, as it is a crucial component of completing the state water right adjudication process and providing certainty about all Montana water rights. We have worked in concert with the other agricultural organizations to support legislation on the state level that passed in 2015. The process of getting settlement legislation passed at the federal level has been going on now for several years, and we are making substantial progress now that both Senator Daines and Senator Tester are on board with the Montana Water Rights Protection Act, S. 3019. Irrigation Leader: Would you share your thoughts on the Sidney and Kinsey irrigation districts with us? Mike Murphy: The Sidney Water Users Irrigation District and the Kinsey Irrigation Company have been dealing with the issue of whether or not they should be allowed to continue receiving PickSloan power and the rates associated with it. We look at the PickSloan power issue as one that Congress committed to in 1944. Only about 10 percent of the promises that were made in regard to the inundation of land associated with the reservoirs that were built have ever been fulfilled. Kinsey and Sidney are examples of irrigation projects that were established under the program to facilitate irrigation development in the West, and ultimately, those projects were designed and built upon the availability of Pick-Sloan power. The determination that those projects are not be able to continue to receive Pick-Sloan power would have huge effects on them and might even result in the loss of those projects. We as an organization are there to help advocate for those projects to continue to receive Pick-Sloan power and the associated rates.

The structure that diverts water from the St. Mary River and ultimately sends it to the Milk River Project.

Mike Murphy: My message to Congress is an encouragement to pass legislation that will help build our economy, including reasonable funding alternatives for the construction of new irrigation infrastructure and the repair and modernization of projects such as the Milk River Project. Passage of the bipartisan Montana Water Right Protection Act will not only provide for settlement of water rights and other tribal issues, but will result in economic development and jobs. I would also like to encourage Congress to support legislation to address the Pick-Sloan power concerns of the Sidney and Kinsey irrigation projects, which in turn affect our agricultural communities and the overall Montana economy. Irrigation Leader: What should every irrigation-related vendor know about your meeting? Mike Murphy: Our annual conference is generally held the last week in January or the first week in February. We hope that by the beginning of 2021, the coronavirus will be under control. We wouldn’t be able to facilitate a conference in Montana right now, since we’re limited by group size. Right now, we’re looking at the first week in February. We currently plan to hold the conference in Helena next year. Generally, we try to hold the conference in Helena every other year to facilitate more direct access to the state legislature. Anywhere from a dozen to 20 vendors participate in our conference. They are important to the industry, to our agricultural producers, and to all our water users. The faceto-face conversations at the conference are valuable, and the presentations help irrigators connect with those vendors and get the resources they need to facilitate improvements in our projects and keep water available to agricultural producers and all water users throughout Montana. IL Mike Murphy is the executive director of the Montana Water Resources Association. He can be contacted at mwra_h2o@msn.com or (406) 235‑4555.

Irrigation Leader: What is your message to Congress? irrigationleadermagazine.com

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The Intertwined History of the Blackfeet Nation and the Milk River Project

The signing of the Blackfeet Nation’s 2016 water rights compact with the State of Montana.

Irrigation Leader: Please tell us about your background and your work with the Blackfeet Nation.

28 | IRRIGATION LEADER | July/August 2020

Jeanne Whiteing: I’m an attorney in Boulder, Colorado. I went to law school at the University of California at Berkeley. I started my career in Boulder with the Native American Rights Fund. I am a member of the Blackfeet Nation and have worked for the tribe throughout almost my entire legal career, mainly on water rights issues. Irrigation Leader: What are your thoughts on the St. Mary Canal failure? Jeanne Whiteing: The facilities of the Milk River Project divert water from the St. Mary River on the Blackfeet Reservation through a 29-mile transbasin canal and drop it into the Milk River, which carries it up into Canada and back down into Montana. While the diversion facilities are on the Blackfeet Reservation, the project does not actually serve or provide any benefit to the Blackfeet Nation. However, whenever any of the facilities fail, it definitely has an impact on the tribe. This particular failure has an impact on surrounding lands, some of which are held and owned by irrigationleadermagazine.com

PHOTOS COURTESY OF JEANNE WHITING.

he St. Mary diversion works, which deliver water from the St. Mary River to the Milk River and provide the water for the Milk River Project’s irrigation supply downstream, are located on the Blackfeet Reservation in northwestern Montana. While the facilities were built on Blackfeet land, largely with Blackfeet labor, the Milk River Project did not provide any water to the Blackfeet Nation until a new compact with the State of Montana was passed in 2016. After the recent failure of drop 5, the Milk River Joint Board of Control (MRJBOC), the Bureau of Reclamation, and other agencies are working closely with the Blackfeet Nation to carry out repairs in a way that takes into account the tribe’s history, culture, and environment. In this interview, Blackfeet Nation member Jeanne Whiteing, who has a long career working with the tribe on water rights issues, discusses the intertwined history of the Blackfeet Nation and the Milk River Project and tells us about the current status of the projects repairs.

the tribe and some of which are owned by tribal members. If there’s a lot of water in the canal during a failure, which fortunately was not the case this time, it could pose a real danger to tribe and reservation property. We appreciate the fact that Reclamation, the MRJBOC, and others immediately informed the tribe of this failure and included the tribe in the decisionmaking process on fixing the facilities. Irrigation Leader: What are your thoughts about the repair process? Jeanne Whiteing: I think everybody wants to see these repairs proceed as quickly as possible. The tribe understands that this water is essential to the Milk River Project, and the tribe has been pleased that the MRJBOC and Reclamation have consulted with it on the repairs, including consultation with the tribe’s cultural program, the tribal historic preservation offices, the Blackfeet environmental office, and the Blackfeet water office. They have acknowledged the tribe’s role in the process from day 1. That is a significant advancement from what has been the case in the past, and it is much appreciated by the tribe. Irrigation Leader: What is your message to Congress and Reclamation? Jeanne Whiteing: Safety is the tribe’s primary concern. It is always in everybody’s interest to ensure that the project is safe and in good repair. We want to make sure that these facilities do not cause any damage or other issues on the reservation in the future. We certainly hope that the repairs are done quickly. As I mentioned, the tribe itself doesn’t currently benefit from the project. It will start benefiting from the project soon, since a 5,000-acre-foot allocation was provided for the tribe in the tribe’s 2016 Water Rights Settlement Act. That actually will not be completely put into place until we enter into an agreement with Reclamation. The project has historically been a concern to the tribe. A lot of people don’t understand that these facilities are on the Blackfeet Reservation and that the Blackfeet Nation played a prominent role in its construction. The St. Mary River arises in Glacier National Park, flows directly onto the reservation, and then flows north off the reservation into Canada. It is the subject of the Boundary Waters Treaty of 1909 between the United States and Canada. The St. Mary facilities were also initially constructed over 100 years ago now, largely with labor from the Blackfeet Nation. They divert almost the entire U.S. share of the St. Mary River over to the Milk River Project. The fact that the United States diverted so much water from the Blackfeet Reservation and didn’t provide any benefits from the water to the Blackfeet Nation has been perceived as a major historical wrong. There are differing positions on the project as a whole because it diverts so irrigationleadermagazine.com

much water from the reservation and provides no benefit to the tribe. At the time of the Boundary Waters Treaty and the construction of the Milk River Project, the Winters Doctrine was also coming into being. The Winters Doctrine, which came from a 1908 U.S. Supreme Court decision involving the Milk River and the Fort Belknap Indian Community, defines the concept of federal reserved water rights for tribes, which is applied to this day. However, when the project was initiated and when the Boundary Waters Treaty was negotiated, Indian water rights were not considered, and the Milk River Tribes were not at the table, even though the Winters Doctrine was contemporaneous with these events. That is why there is still the feeling that a historical wrong was perpetrated in the undertaking of the Milk River Project. Therefore, in any rehabilitation or reconstruction of the project facilities, the tribe will be looking for potential benefits and the continuing recognition of its role as a stakeholder. The tribe has since defined and quantified its water rights in a compact with the State of Montana, which was ratified by Congress in 2016. However, while the compact did provide a 5,000-acre-foot allocation to the tribe, it didn’t really change anything relating to the Milk River Project or the diversion of water for the project. The compact also includes some provisions and legislation relating to the operation and maintenance of the Milk River Project and stipulates that the Blackfeet Nation now has to be consulted regarding any repairs to the project. We consider all of that an advancement from what had been the case. We think we still have a way to go to correct the historical wrong of the diversion of water from the reservation, but this is a start. Irrigation Leader: What are the Blackfeet Nation’s plans for the 5,000 acre-feet? Jeanne Whiteing: It is still too early to say. No specific plans have been identified yet. We will be focusing on that once we have the agreement with Reclamation in place. The water will be delivered to the canal, and we will have to figure out a way to deliver it from the canal to the tribe, since there aren’t any diversions off the canal on the reservation right now. How we do that will depend on the particular use that we’ve identified for the water. There is also a lot of interest from tribal members along the canal in either stock water or irrigation water, and we definitely want to respond to that interest. There is also the potential for marketing the water downstream. IL Jeanne Whiteing is an attorney in Boulder, Colorado. She can be contacted at jwhiteing@whiteinglaw.com.

July/August 2020 | IRRIGATION LEADER

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Water Resources in the Fort Belknap Indian Community

A view of the Fort Belknap Reservation.

ontana’s Fort Belknap Indian Community (FBIC), which brings together the Gros Ventre and Assiniboine Tribes on the Fort Belknap Reservation, is home to the nation’s oldest federal Indian irrigation project, the Fort Belknap Indian Irrigation Project (FBIIP). The FBIC has Indian reserved water rights in the Milk River basin and recognizes the importance of the water resources delivered by the St. Mary diversion. In this interview, FBIC Water Resources Department Administrator Kristal Fox discusses the history of FBIC’s water resources and irrigation and the importance of the Milk River Project. Irrigation Leader: Please tell us about your background and how you came to be in your current position.

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Irrigation Leader: How many enrolled members are in both tribes? Kristal Fox: The total enrollment of the FBIC is just over 8,100 members. About half the enrolled members live on the Fort Belknap Reservation. Irrigation Leader: Please tell us about the FBIC’s water resources and irrigation. Kristal Fox: We’ve lived on these lands for centuries, and here at Fort Belknap, we have the oldest of the 16 federal Indian irrigation projects in the United States. The project was built in 1889 by the U.S. government, which wanted to make farmers out of us. The Indians got to choose whether they wanted irrigationleadermagazine.com

PHOTO COURTESY OF USDA NRCS.

Kristal Fox: I started working at the FBIC Water Resources Department in 1989 as an administrative assistant for Franklin “Randy” Perez, who was the administrator here for many years. Then I left to do other work for the tribes. Eventually, Randy was elected to the FBIC Council, and the FBIC administration asked me to step in as the Water Resources Department administrator. I have held this position for about 8 years. I also served as the FBIIP manager for 6 of those years. One of our younger ditch rider–operators, Craig Adams, stepped into the FBIIP management position last year. He’s a bright young man, and I think he was born to run the project. My work, including my work with Randy Perez, has focused primarily

on the FBIC effort to secure our Indian water rights. Negotiating and settling the Fort Belknap Reservation’s water rights takes most of my time today, but I do continue to work closely with our new FBIIP manager. I’m an enrolled member of the Gros Ventre Tribe. We have two tribes here, the Gros Ventre and the Assiniboine. The economy on the reservation is primarily agricultural, and I grew up in an agricultural family. My dad had dry farmland and cattle. Irrigation was new to me when I became the administrator of the Water Resources Department, but I’ve had some good people guide and mentor me.

damage that has been done over the past century to the FBIIP because of the federal government’s neglect. Our project is run all by gravity—there are no pumps. It’s never changed over the course of 100 years. We have a lot of drainage problems. That is our biggest issue. Should the water settlement be approved by Congress, our irrigation project will be updated, modernized, and expanded. Right now, we only have two guys working on the whole project. They’re good, dedicated workers, but it’s a miracle that they get the water delivered. It’s sad that our project is in such disarray. I believe that it could be a beautiful place and our farmers and ranchers could make a good living if the project were rehabilitated.

PHOTO COURTESY OF LOUISE DONEY.

Irrigation Leader: Tell us about your interest in the St. Mary unit of the Milk River Project.

some acreage in the project or lands outside it. Some chose lands in the project, but it was difficult for them to adapt to being farmers. In 1908, a legal issue arose when a non-Indian was diverting our water out of the Milk River. The case rose to the U.S. Supreme Court as Winters vs. United States and was settled in our favor, resulting in a principle called the Winters Doctrine that applies to the Indian water rights of all the other reservation tribes across the United States. That case awarded us rights to 125 cubic feet per second of water from the natural flow of the Milk River. The service area of the FBIIP is about 10,000 acres today; we have additional lands that can be irrigated, and we aim to service them with this project also. We have been working on settling our water rights with the State of Montana since the 1980s. The 1952 McCarran Amendment gave the states the right to adjudicate water rights, so even though we are under federal jurisdiction, our water rights need to be settled with the state as well as with the federal government. Our council approved a water compact with the State of Montana in 2001 that was overwhelmingly approved by the state legislature, and now we are working to get it passed through Congress. Our water rights settlement bill was introduced in the United States Senate by Senator Jon Tester, and it has also been introduced in the U.S. House of Representatives, but we have not yet had a hearing scheduled. We are pushing for that. We also have claims against the United States for mismanagement and neglect of our water rights and for the irrigationleadermagazine.com

Kristal Fox: I can’t stress enough how much this basin depends on the St. Mary diversion. Our main rights are to water that is delivered by the natural flow of the Milk River, and the St. Mary diversion provides a critical source of water supply for the irrigators on the Milk River Project. We also have a 1946 agreement with the federal government that provides us with a one-seventh share of the storage in Fresno Reservoir, which is also fed by the St. Mary water supply. The FBIC is a big supporter of the St. Mary unit, and I have been the FBIC representative on the St. Mary Rehabilitation Working Group board for the last 8 years. We have developed a subgroup of the working group to try to help advocate for funding and rehabilitation. I’m glad the Milk River Joint Board of Control has been working on that and has obtained some funding, but it’s a shame that the federal government neglected the St. Mary unit for so long that there is now a breach in one of the drops in the canal, shutting off the water supply. It really failed the people of the state of Montana. Irrigation Leader: Is there anything else you’d like to add? Kristal Fox: We strive to be good neighbors. The tribes often get looked at as a separate group, which we are, but when it comes to these water issues, we all have a claim, and when it comes to the Milk River Project, we all need to be one family. It’s really hard to get people to collaborate, but people are coming together in support of the rehabilitation of the St. Mary unit. It’s important that the repairs on the St. Mary unit get done, so we need to get along and work toward a common goal. IL

Kristal Fox is the administrator of the Fort Belknap Indian Community’s Water Resources Department. For more about the FBIC, visit ftbelknap.org.

July/August 2020 | IRRIGATION LEADER

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Preserving Pick-Sloan Power for the Sidney Water Users Irrigation District

Raymond Bell in a field irrigated by SWUID water.

he Sidney Water Users Irrigation District (SWUID), based in Sidney, Montana, serves water to 48 family farms across around 5,000 acres in eastern Montana. Along with its neighboring district, Kinsey Irrigation Company, SWUID is threatened with the loss of affordable project use power (PUP) from the Pick-Sloan Missouri Basin Program, which was authorized by Congress in the Flood Control Act of 1944 and which SWUID has been using for 75 years. In this interview, SWUID President Raymond Bell explains the district’s situation and what actions are needed to preserve its operations and services. Irrigation Leader: Please tell us about your background.

34 | IRRIGATION LEADER | July/August 2020

Irrigation Leader: How many generations has your family been in Montana? Raymond Bell: The farm that I was born and raised on was my grandpa’s farm, so I belong to the third generation of our family to live in Montana. My son is working for me now; he is from the fourth generation. My grandfather immigrated from France. My mom’s family came from Germany. My dad was raised in the district on a small homestead. Irrigation Leader: Please tell us about SWUID. Raymond Bell: The district has been pumping water since the early 1940s. The district was put together and founded in 1937 through the Works Progress Administration and was granted Pick-Sloan power in 1946. That power source was pretty much what got the district going. Right now, we support about 48 families. The district serves about 5,000 acres. The Yellowstone River is our source of water. irrigationleadermagazine.com

PHOTOS COURTESY OF SWUID.

Raymond Bell: I was born and raised in Sidney, Montana, on a farm in the Sidney Water Users Irrigation District. I haven’t gone far from home. After I got married, my dad got us into the trucking business, in which I worked for about 25 years. Then, we sold our trucking business off and went back to farming. We invested in some more land for the farm in the irrigation district. We put in some irrigation pivots and made some other irrigation improvements. I

joined the SWUID board in 1996 and became president of the district in 1998. I’ve held that position ever since.

We have four pump stations along the Yellowstone River as well as a couple of relift stations. Irrigation Leader: Please tell us about the issue you’re facing today. Raymond Bell: We received written notice from Reclamation in July 2017 that it would not be renewing our Pick-Sloan PUP contract after its expiration on December 31, 2020. When we questioned the decision, we received a further notice from Reclamation in March 2018 that PUP was available only to authorized Reclamation projects or as otherwise specifically authorized by Congress. Reclamation stated that SWUID was not eligible to receive PUP, as it is privately owned, and that its receiving PUP had been an error from the very beginning. Our PUP contract has been renewed six times with several supplements since 1946—it is hard to believe that Reclamation staff were simply overlooking our supposed ineligibility every time. There is a lot of documented history that deals with our eligibility for Pick-Sloan power.

In addition to directly affecting the livelihoods of 48 families, the loss of affordable irrigation pumping power would reduce the value of the 4,825 irrigated acres SWUID currently serves from $3,000 per acre to $500 per acre, amounting to a taxable land value loss of approximately $12 million. That in turn would affect essential county services such as fire protection, emergency vehicles, the police force, and road maintenance. Over the past 15 years, project landowners have invested over $2.6 million in irrigation efficiency improvements, including pivots, pipelines, and gated pipe, all based on the assumption of having continuing access to affordable irrigation water. This includes over $450,000 of U.S. Department of Agriculture Environmental Quality Incentives Program funding.

Irrigation Leader: What are some things SWUID has had to do to resolve this issue? Raymond Bell: After several meetings with Reclamation at the state and regional levels, we went to Washington, DC, in January 2019 to meet with the agency on the national level. They have informed us that, to fix the SWUID's pumping installation. problem, we now would need specific Congressional authorization. A congressional bill We’re hoping and praying that we can get this problem was drafted with the help of the Montana delegation and fixed as soon as possible. We’re not asking for anything was reviewed by Reclamation to make sure it would fix the new. The fix would keep the status quo and would cap PUP problem. Our bills, S. 1882 and H.R. 3471, were introduced usage at the current level, never to increase. The loss of PUP in Congress in spring 2019. S. 1882 was recently passed by eligibility would have adverse effects on the region and its the Senate as an amendment to S. 3758, and H.R. 3471 was economy. Because of this, the legislation has support from passed by the House of Representatives as an amendment to 20 diverse groups, including the Montana Department of H.R. 2. I received a call from Congressman Greg Gianforte Natural Resources, the Richland County commissioners, to personally inform me of the progress of our bill in the the Montana Water Users Association, the Montana Farm House, which I greatly appreciated. Both bills now await Bureau, Montana Dakota Utilities, and the Yellowstone further consideration in the respective chamber. Time is an Rural Electric Cooperative. IL issue here, as our contract expires at the end of 2020. It’s very important to the district to get this legislation passed this Congress. If that does not happen, we may have Raymond Bell is the president of the Sidney to shut the district down. We cannot afford to operate at Water Users Irrigation District. He can the provided local cooperative rate. We would have to pass be contacted at rayb@midrivers.com or the cost increases to the farmers, and they can’t afford to pay (406) 489‑2627. it. It is critical at this point that we have the support of our congressional delegation in Congress. irrigationleadermagazine.com

July/August 2020 | IRRIGATION LEADER

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Working to Resolve Kinsey Irrigation Company’s Power Dilemma

Doug Martin in an irrigated field.

he Kinsey Irrigation Company, located in Custer County, Montana, provides water to farming across 6,640 acres of land, supporting 80 families. The company was recently informed that its existing power contract with the Pick-Sloan Missouri Basin Program will not be eligible for renewal when it expires. This casts the future of the company in question, as alternate power sources would cost 6½–20 times as much as its current supply. In this interview, Doug Martin, the project coordinator for the Kinsey Irrigation Company’s legislative efforts on the Pick-Sloan issue, lays out for us the company’s current situation and how it could be resolved. Irrigation Leader: Please tell us about your background.

36 | IRRIGATION LEADER | July/August 2020

Irrigation Leader: Please tell us about the Kinsey Irrigation Company. Doug Martin: The irrigation system has been around for well over 100 years. The water right goes back to 1896. Two projects were started and then failed before the current one was instituted in 1936 by the Works Progress Administration, a New Deal–era federal agency. It built 80 units out here—basically homes with land to which people could move to get started farming, later paying back the Farm Service Agency at a low rate. In 1946, the farmers served by the irrigation system bought the Kinsey Irrigation Project from the federal government; it has been a private company ever since. In 1946, the Kinsey Irrigation Company also signed an agreement with the Bureau of Reclamation to receive power from the PickSloan Missouri Basin Program. We have done that ever since. Kinsey’s service area is currently 6,640 acres. About 80 families make a living off those acres. irrigationleadermagazine.com

PHOTO COURTESY OF DOUG MARTIN.

Doug Martin: I was raised in Ohio and Pennsylvania, and my family moved to Custer County, Montana, in 1996. My cousin had a family farm, and all I ever wanted to do was have one of my own, but it didn’t work out with the state of the dairy industry in the early 1980s. I ended up going into general contracting, and I had been a carpenter for about 35 years before I had the opportunity to buy a farm in Kinsey, Montana, in 2006. That is how I got involved with

the Kinsey Irrigation Company. I had never been around irrigation prior to that.

The Kinsey Canal in Kinsey, Montana.

Irrigation Leader: Please describe the current situation with your Pick-Sloan power contract. Doug Martin: In 2014, we received a letter questioning our Pick-Sloan status, and in 2017, we received another letter advising us that when our current contract expired at the end of 2020, it would not be renewed. The reason, according to the solicitor for Reclamation, was that we were not a federally owned project and didn’t have specific legislation allowing Kinsey to contract with Reclamation and were therefore ineligible. Irrigation Leader: What has your response been? Doug Martin: First, we attempted to work directly with Reclamation to remedy the situation. It informed us that unfortunately, the statute was clear and its hands were tied. Then we contacted our congressional delegation and were eventually able to get legislation introduced. It is now going through Congress. Currently, our bills in the Senate and in the House of Representatives have each been passed as amendments to other bills, which are in turn awaiting further consideration. I received a personal call from Congressman Greg Gianforte to update me on this progress, which was very much appreciated.

PHOTO COURTESY OF DAVID SCHOTT.

Irrigation Leader: What would the legislation do for you? Doug Martin: The legislation applies specifically to our situation. The Kinsey Irrigation Company and the Sidney Water Users Irrigation District, with which we are in partnership, would be able to continue to contract with Reclamation to provide pumping power. We’re the only two irrigation systems that have been singled out to be removed from their Pick-Sloan contracts. This legislation would allow us to continue to purchase power from Reclamation at the PickSloan rate and at our current contract rate of delivery. In other words, we would not be able to increase our electricity usage above its current level. If our system expands, we will have to find another source of electricity to cover the expansion. irrigationleadermagazine.com

Irrigation Leader: What is the difference in cost between the contract you have now and what you would pay if the contract expired? Doug Martin: We would pay about 6½ times more if were able to get a Western Area Power Administration (WAPA) contract, although Kinsey is currently not eligible for that either, because we have no federal nexus with WAPA. Kinsey would need to change from a nonprofit corporation to an irrigation district to contract with WAPA. Irrigation Leader: If you are unable to get a Reclamation contract or a WAPA contract, where would you get your electricity? Doug Martin: We would buy retail electricity from our local provider, Montana Dakota Utilities. In that case, the rate would be about 20 times what it currently is. Irrigation Leader: What is your message to Congress about your legislation and your situation? Doug Martin: Current circumstances are dire. It is important that we be eligible to receive Pick-Sloan power. The agriculture industry as a whole is suffering. This would be another nail in our coffin. It would not cost the federal government any additional money to provide us with a solution. It has been doing this for 75 years. This is not a new program for it. The money it would cost is inconsequential in the context of the federal budget, and it is highly important for the families affected. IL

Doug Martin is the project coordinator for Kinsey Irrigation Company. He can be contacted at kinseyirrigationco@gmail.com.

July/August 2020 | IRRIGATION LEADER

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Upcoming Events CANCELED: July 7–9 North Dakota Water Users Association, Summer Meeting, Grand Forks, ND (possible virtual training sessions TBD) July 8–10 (new date) P3 Water Summit (virtual event) POSTPONED: July 14–16 Hydrovision International, Envisioning a Hydro Future, Minneapolis, MN CANCELED: July 15 North Dakota Rural Water Systems Association, Summer Leadership Retreat, Medora, ND July 28–31 (new date) Association of California Water Agencies, Spring Conference and Exhibition (virtual event) July 30–31 (new date) National Ground Water Association, Workshop on Groundwater in the Northwest (virtual event) August 3 Nebraska Water Center/Institute of Agriculture and Natural Resources/North Platte Natural Resources District, Nebraska Water Conference: Irrigation in a Water-Deficit Region, Scottsbluff, NE (August 4–5: optional water tour) CANCELED: August 4–8 National Water Resources Association, Western Water Seminar, Spokane, WA August 25–27 Colorado Water Congress, Summer Conference and Membership Meeting, Steamboat, CO September 14–16 WaterPro Conference, Phoenix, AZ September 14–16 (new date) WESTCAS, Annual Conference, San Diego, CA September 15–17 Husker Harvest Days, Grand Island, NE POSTPONED: September 22–24 Irrigation Australia Conference and Exhibition, Sydney, Australia POSTPONED: September 22–28 International Commission on Irrigation and Drainage, 24th Congress and 72nd International Executive Council Meeting, Sydney, Australia September 27–29 Nebraska Natural Resources Districts, Annual Conference, Kearney, NE October 19 Utah Water Users Association, Annual Summit, Provo, UT October 21–23 Texas Water Conservation Association, Fall Conference, San Antonio, TX October 26–29 American Water Works Association, CA/NV Section Annual Fall Conference, Las Vegas, NV November 17–19 (new date) Hydrovision International, Envisioning a Hydro Future, Minneapolis, MN

Past issues of Irrigation Leader are archived at irrigationleadermagazine.com @IrrigationLeader

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Irrigation Leader July/August 2020

Articles inside

Working to Resolve Kinsey Irrigation Company’s Power Dilemma

Preserving Pick-Sloan Power for the Sidney Water Users Irrigation District

Water Resources in the Fort Belknap Indian Community

The Intertwined History of the Blackfeet Nation and the Milk River Project

The Montana Water Resources Association: Advocating for Montana Irrigated Agriculture in Helena and Washington, DC

Congressman Greg Gianforte: The Importance of Montana’s Irrigated Agriculture

Senator Jon Tester on Legislating for Montana in Washington, DC

Senator Steve Daines on Defending Montana Agriculture

The Bureau of Reclamation’s Response to the Drop 5 Failure

Catastrophic Failure on the Milk River Project

Catastrophe at the St. Mary Unit