BRTU E-News
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#236: Oct. 24, 2021
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Shenanigans on Sawtooth Creek?
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A view of Sawtooth Creek from its intersection with the West Side Road to the Bitterroot River. The proposed pipeline would run from just east of where the creek crosses the road to the pond. This shot is not very recent. Source: Google Earth.
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Over the past year, BRTU E-News has reported on several water resource related activities by Y-C Properties, the current owners of the former Fetch Inn Kennels property on the West Side. In fall 2020, they applied for construction of a bridge to access property across the western most channel of the river across from Skalkaho Bend Park, and then last spring they were called to task for installing a Las Vegas sized structure for a pump in the same channel. And if you have driven the West Side Road recently, you have doubtless been struck by the impressive amount of very expensive irrigation hardware that has been installed.
No one questions a landowner's right to exercise their water rights and use the water decreed to them. However, there are a lot of components to a water right, which are managed by the Water Resources Bureau of the Montana Department of Natural Resources (DNRC). These include the amount of water and time frame during which water can be diverted; the point of diversion or site where water is diverted from a river, creek or pond; the means of diversion by which the water is taken be it a headgate, pump, etc.; the means of conveyance or how the water is conveyed to the point of use in a ditch, pipeline; and the point where the water is actually put to use. All of these things and more are specified in the water right, and a water rights holder must file with the (DNRC) if they wish to change any of these aspects. This is a complicated process that involves all the other water rights holders on a body of water and it has kept a lot of lawyers and consultants in business over the years. Not all realtors are scrupulous in relaying this detailed information to uninformed buyers. Some groups like the Bitterroot Water Forum have made admirable efforts to inform realtors.
Recently we learned that Y-C Properties has filed for a water rights change that has the potential to have some significant impacts on Sawtooth Creek. As stated in a letter from Y-C Properties water rights consultant to other water rights holders on Sawtooth Creek, Y-C plans to change the conveyance of water from Sawtooth Creek; the new plan is to divert the water just east of the West Side Road into a pipeline to convey the water to an existing pond and then to divert water from the pond to a new set of sprinkler guns. This is displayed in the diagram that the consultant provided. The letter states that the point of diversion and amount of water diverted will not change, although it is not clear from Google Earth that there is a present diversion at that site nor a ditch conveying water to the pond.
Conveying water in a pipe versus a ditch provides for a highly efficient, if very expensive, way to get water from a creek to a point of use, since there can be a very large "shrink" because water seeps into the ground and also evaporates. However, the water that seeps back in to the ground can replenish water taken from the stream. So, the concern is if this long pipeline will adversely affect Sawtooth Creek. Past actions suggest that a detailed review of the proposal is merited in order to make certain that all facets of the project are taken into account.
BRTU will review this situation at its next Board meeting. So stay tuned......
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Pollution from the Zortman Landusky mine not far from the Fort Belknap Reservation. Source: David Brooks, MTU
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This acid mine drainage will need to be treated in perpetuity. The Bad Actor provision of MMRA is intended to prevent this. Source: David Brooks, MTU.
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Giving Bad Actors a Break - a Tradition We Don't Need!
Article II, Section 3 of the Montana Constitution guarantees all Montanans the inalienable right to a clean and healthful environment. Since a number of mining companies and other powerful scofflaws openly flaunted and utterly disregarded this provision of our Constitution, the 2001 Montana Legislature enacted the bi-partisan Montana Metal Mine Reclamation Act (MMRA), which was supported by the mining industry and signed by Republican Governor Judy Martz. The "Bad Actor" provision of the MMRA says the State cannot grant a mining permit to a person or company if that entity failed to complete mine reclamation and forfeited their reclamation bond. In other words, if a "Bad Actor" doesn't clean up their mess, they are not supposed to get a new permit. The provision is supposed to be enforced by the Montana Department of Environmental Quality (DEQ). Sound like a good idea?
Well. Guess what? As summarized in a press release by Fort Belknap Indian Community, the Clark Fork Coalition, Montana Trout Unlimited, Montana Environmental Information Center and Eartheworks, "On Wednesday, July 14th, the Montana Department of Environmental Quality (DEQ) dropped its enforcement of Montana’s “bad actor” law against Hecla Mining Co. and its CEO, Phillips S. Baker, Jr., drawing strong objections from tribes and conservation groups that intervened in support of the case.... “The bad actor law is clear and Hecla and Baker should finally be held accountable. By dropping this enforcement action, DEQ is perpetuating the devastating burden of environmental injustice,” Fort Belknap Indian Community President Werk stated... DEQ filed the “bad actor” enforcement action against Hecla and Baker in March 2018, and was subsequently joined by the Fort Belknap Indian Community, Ksanka Kupaqa Xaʾⱡȼin (a traditional society within the Ksanka Band of the Ktunaxa Nation) and a coalition of five conservation groups... Baker served as the Vice President and Chief Financial Officer for Pegasus Gold when it filed for bankruptcy in 1998 and abandoned its operations at the Zortman-Landusky, Beal Mountain and Basin Creek cyanide leach gold mines, leaving Montana taxpayers with tens of millions of dollars in reclamation and long-term water treatment costs... “In dropping this case, DEQ is walking away from its only real shot at defending Montanans from being bilked out of millions of dollars of taxpayer money by Baker and Pegasus,” said David Brooks, executive director with Montana Trout Unlimited. “Of equal concern to failing to recuperate costs from Pegasus’s past actions, this decision also sends the message to mining executives that it is fine to leave Montana and its citizens with massive cleanup costs in the future. The Bad Actor law is meant to be a deterrent, not just a punishment.”
Montana TU recently joined a writ of mandamus action to compel MT DEQ to enforce the
"Bad Actor" provision in state law, recently dropped against Phillips S. Baker. This was about as cut and dry a bad actor case as could be, but the Department inexplicably chose to abandon it. This write of mandamus asks the Governor to enforce the "Bad Actor" provision in Montana law. This law was passed with broad political support and exists to protect our water quality from frequent polluters.
Montana TU and BRTU are asking people to sign a petition in support of this action. It only takes a minute or 2 to do it. There a number of other mine proposals lurking in the shadows, for example, the Black Butte Mine in the Smith River watershed. The Bad Actor provision is one of the few ways we can try to make these entities do the right thing!
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BRTU Meetings to Resume in January 2022.
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Since this feature will contain regular updates on BRTU Meetings, the Bitterroot Buggers, and Chapter Project reminders, I am going to leave it active and update as needed.
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General meetings of Bitterroot Trout Unlimited came to an abrupt halt in the spring of 2020 when the COVID-19 pandemic made such gatherings unwise and frankly unsafe!
The pandemic also forced us to cancel the 2020 and 2021 annual banquets. Our online 2020 fall auction proved successful, but it just wasn't the same and the board is contemplating the best of time of year to resume having a banquet.
The BRTU Board continued to meet monthly on Zoom, and conduct chapter business, but they felt that virtual membership meetings would not be that productive or fun!
Now that the nature of the pandemic is better understood and many have received one of the extremely effective COVID-19 vaccines, we plan to start holding regular meetings in January. The current plan is to resume the meetings in January 2022 at the Hamilton Elks Club on the 3rd Thursday of the month.
The schedule for next spring is still being developed, but here is what we have so far:
- January 20, 2022 - "How does it work?: a panel on Painted Rocks Lake," featuring MFWP biologist Jason Lindstrom, River Commissioner/Dam Tender J.R. Iman, DNRC Engineer Larry Schock, and irrigator Roger Raynal.
- February 17, 2022 - "The Upper Bitterroot/West Fork Recreation Plan: status report and future prospects," Chrissy Oschell and Jason Lindstrom, MFWP
- April 21, 2022 - "What's up with President Jefferson's River?," Chris Edgington, Jefferson Watershed Project Manager, Montana TU
Conversations are also in progress about resuming Bitterroot Buggers which was another early victim of the pandemic. Watch for details on that, too. Contact Greg Chester if you'd like to help with our flagship youth program.
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BRTU Caps and Drybags!
These cool items have sold out, but are being reordered. As soon as they are available, I will post it.
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At long last and just in time for the 2021 fishing season, the new BRTU caps and drybags have arrived.
BRTU President Dave Ward reports that the new BRTU soft cotton caps are now available in 5 pleasing colors.
As you can see from inspecting our professional models, one size fits all. However, we were unable to perfect a canine version.
Included with each hat is a small Montana TU dry bag. The size is perfect for stashing your lunch and phone in the boat.
The price for a hat and a bag is just $20.
The hats may be viewed and purchased at Chuck Stranahan’ s Fly Shop in the Safeway parking lot in Hamilton. Supplies are limited, so don't wait too long!
Chuck has made it very easy! You can pay for your cap and drybag at his shop with cash, check or credit card.
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This week's picture - and a very welcome bit of news- was submitted by long time BTRU member, supporter and culinary consultant Whygin Argus.
Following a tip from Chuck Stranahan, yesterday Whygin drove to the Hamilton Stage Stop in the 900 block of South First Street and took this photo of a new sign for Spice of Life Eclectic Cafe. While he was peering through the window, the new proprietor and an assistant came to the door and confirmed that Spice was opening back up in the location of the long-gone Sundance Cafe. If you are on Facebook, here is a link.
The former incarnation of Spice of Life, owned by long-time BRTU supporter Karen Suennen, closed during the pandemic but rumor persisted that a re-opening in a different location was in the works. It was a favored place of many BRTU members and often the site of convivial pre-meeting dinners. The new chef and staff are Spice of Life veterans, so we can expect the same quality fare. Let's all wish them success!
Whygin reported that the menu and the hours are posted outside the new venue, and that many favorite items will still be available. Starting tomorrow, the restaurant will be open Monday - Friday for lunch (11:00 AM - 2:00 PM), Wednesday- Saturday for dinner (5:00 PM - 9:00 PM) and from 5:30 AM - 9:00 AM Monday-Friday for a limited breakfast menu.
I expect that to run into other members and fellow anglers there in the near future.
Please send your photos and stories to me. Your picture might end up as the Picture of the Week!
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This week's BRTU Puzzler was submitted by an anonymous reader.
BRTU E-News has reported on a number of invertebrate Aquatic Invasive Species (AIS) that are showing up in spite of diligent preventive efforts. In fact, a recent issue announced that New Zealand mud snails had been identified in Mitchell Slough, a tributary of the Bitterroot, and we have not been able to yet confirm their presence in another location on the West Fork.
This week's BRTU Puzzler is another AIS. The photo was taken somewhere south of the Hamilton wastewater treatment plant. To win this week's contest, please provide the name of the AIS, the location where it was found, what this makes so ominous, and the likely source of the invader.
And if you ever see something suspicious of an AIS in the river, a ditch, a tributary or pond, please send me the precise location and a photo so we can relay the information to the MFWP AIS bureau and try to track it down.
Chuck Stranahan has generously offered a selection of his personally hand-tied flies to winners of the BRTU Puzzler.
If you have a cool fishing or conservation related photo, consider submitting it to BRTU Puzzlemaster Marshall Bloom for the BRTU Puzzler. We prefer photos of actual fish in the water rather than in the hand, but won't decline any.
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Monte Dolack BRTU prints
now available at Joe's Studio.
A small number of Publisher's Proofs of the limited edition "Bitterroot River-Lost Horse Bend" by Monte Dolack are now available at Joe's Studio. BRTU commissioned Monte Dolack in 2007 to create this iconic print of the Bitterroot River.
The remaining Publisher's Proofs are $375 and all proceeds support BRTU efforts to protect trout and streams.
Joe's Studio, a regular sponsor of our banquets, is located in Hamilton at 220 Marcus Street (961-4586, joesstudio@aol.com)
The "U" in BRTU
Unlike many groups, BTRU has no paid staff. We are an entirely volunteer organization. We are always looking for new members to get involved in projects or to join our board and assist with maintaining our focus on native fish, clean healthy streams and education. If you would like to help out, please contact BRTU Chapter President Dave Ward. We could sure use your help!
In other words, how about putting a little "U" in BRTU?
If "U" are not already a member, "U" can join TU today by going to the the BRTU website. chapter number is #080. If you have a question about your membership, please call Clayton at 406-543-0054.
Due to the COVID-19 pandemic, BRTU board meetings are usually being held on ZOOM. They are open to all BRTU members. Date and time vary, so please contact Chapter President Dave Ward if you would like to log in and learn what is going on.
The BRTU Mission statement is "To conserve, protect, and restore the Bitterroot River and it's watershed," directly in line with the Montana TU mission statement.
For your information, here is a tabulation of our current hard-working BRTU officers and board members.
BOARD OFFICERS
Donna Haglund; Vice President; E-mail: haglunddonna@gmail.com
BOARD MEMBERS
Charlie Harris; E-mail: hmgharris@gmail.com
Gavin Marston (student board member)
GENERAL FACTOTUM AND NEWSLETTER PUBLISHER
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