[Congressional Record Volume 143, Number 160 (Thursday, November 13, 1997)]
[Extensions of Remarks]
[Pages E2355-E2356]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          PROTECTING THE VIABILITY OF MONTANA'S FAMILY FARMERS

                                 ______
                                 

                             HON. RICK HILL

                               of montana

                    in the house of representatives

                      Thursday, November 13, 1997

  Mr. HILL. Mr. Speaker, I rise today to introduce much-needed 
legislation which will help preserve over 2,000 family farms in the 
Mission, Jacko, and Cama Valleys in Montana and provide for better 
government accountability. It also does not interfere with existing 
water rights or native American sovereignty and continues longstanding 
initiatives to protect the environment.
  The bill I introduce today accomplishes all of these important 
objectives by transferring the operation and maintenance of an 
irrigation project in Montana from the Federal Bureau of Indian Affairs 
to the local irrigators who have been the caring stewards of their 
lands and water for generations. This reflects prior public law 
commitments to local management of the Flathead Irrigation District. I 
am proud to have House Agriculture Committee Chairman Bob Smith and 
House Resources Committee Chairman Don Young as original cosponsors. 
Their longstanding experience on these issues undersources the need for 
this legislation.
  This legislation aims to correct a serious problem that deserves a 
timely solution. For too long, the Bureau of Indian Affairs has poorly 
managed this project. Using current estimates, the project is in need 
of 15 to 20 million dollars' worth of repair and conditioning and those 
needs will continue to grow unless positive actions are taken. The 
consequences of mismanagement are not only undermining the project's 
viability, but are leading to unnecessarily high costs for all of its 
users. This is simply unacceptable.

[[Page E2356]]

  Mr. Speaker, I will give you many vivid examples which illustrate why 
the current situation is not working. The Bureau of Indian Affairs 
pledged to local irrigators that it would set aside funding in 1994, 
1995, and 1996 for repairs of a decaying siphon. This never happened. 
What was the result? The siphon failed at the end of 1996, halting 
water deliveries to 1,200 acres of cropland and causing damages in the 
tens of thousands of dollars in lost grain production. The siphon was 
then replaced with funds that were supposed to be spent on the Flathead 
River pumps, other project needs and emergency funds, creating an even 
greater economic problem. Mr. Speaker, here are other examples:
  Examples of Bureau of Indian Affairs mismanagement at the Flathead 
Irrigation Project included:
  First, the Flathead Irrigation Project has regularly overtopped a 
canal running through a Ronan farm, preventing several acres of 
potatoes from being harvested. This is a recurring problem that cost 
the farm $4,000 to $5,000 per year. In addition, the canal has washed 
out twice in the past 5 years, transporting water through the farm to 
other irrigators.
  Second, the Flathead Irrigation Project has regularly flooded several 
acres of an alfalfa field in Ronan, leading to $3,000 to $4,000 of 
damage per year for the past several years. The landowner has 
repeatedly asked for corrective action, but to no avail.
  Third, a farmer from St. Ignatius has been complaining about water 
overflows from project ditches for the past 4 years. Poor water 
management by the irrigation project causes has hayfield to be flooded, 
resulting in $2,000 to $3,000 of crop loss each year.
  Fourth, another St. Ignatius farmer allows the irrigation project to 
exercise a right of way to access the headworks of a project canal. The 
irrigation project has failed to secure the gates through the right of 
way and the farmer has had trash dumped on his property.
  Fifth, a rancher from Arlee pastures registered Charlois cattle 
throughout the Mission Valley. In the farmer's pasture near Pablo, a 
BIA irrigation project employee was observed driving out of a gate with 
six registered herd bulls in the pasture. The gate led to Highway 93, 
one of the most heavily traveled roads in the State of Montana. Quick 
action from a passer-by prevented a potential tragedy when the gate was 
secured by the passerby.
  Sixth, a farmer-rancher from Hot Springs notified BIA of a ditch 
overtopping on his ranch. After being ignored by BIA, the farmer 
notified an irrigation district commissioner who attempted to intervene 
on the farmers behalf with BIA. The district commissioner call was also 
ignored until the ditch failed, damaging the farmer's crops and causing 
extensive damage to his land.
  Seventh, Little Bitterroot Reservoir, May and June 1997. At the peak 
of the runoff, 4,000 acre-feet of water was dumped into an already 
flooded swollen river. The stored water was lost to irrigators. 
Downstream ranchers sustained loss of fields due to floods.
  Eighth, a rancher from Ronan filed complaints in June, July, and 
September 1997 of having land flooded by BIA dumping water onto his 
land. To date BIA has not responded. The rancher has lost access to his 
corrals and has had pastures flooded.
  Ninth, Pablo Feeder Canal, 1991. A washout of the Pablo Feeder Canal 
led to breach nearly 300 feet long, dumping 350 cubic feet per second 
of water, along with 18 inches of gravel and sand on 20 acres of prime 
to potato land. No settlement is planned by BIA. No ditch rider had 
been assigned to patrol this section ditch and surveillance was 
minimal, despite known geologic problems in the area. A farmer has lost 
the use of 20 acres of land at a value of $2 to $3 thousand per acre.
  10. BIA's failure to control weeds on ditchbanks led to a local 
association of farmers and ranchers to approach BIA with a cooperative 
weed control pan, allowing individual farmer and ranchers to spray for 
weeds along the ditch banks of their own property. BIA initially 
pledged cooperation and then ignored the problem, which was first 
identified in 1994, for the next 3 years. This has led to an increase 
in weed infestations in the area and finally forced the local farmers 
and ranchers to simply address the problems of BIA's ditchbanks 
unilaterally.
  Finally water shutoff. Despite being unable to provide any accounting 
of money, BIA unilaterally shutoff water deliveries to all non-tribal 
irrigators on the Flathead Irrigation Project in May 1997. Service was 
shut off over an alleged nonpayment of a BIA billing and was 
subsequently restored, with BIA admitting that it has not provide an 
accurate billing, or an accurate accounting of irrigator funds.
  High cost due to mismanagement are also not fair, considering the 
serious economic pressures Montana's family farmers and ranchers now 
face. This legislation will help eliminate high and unfair costs that 
continue to compromise the financial stakes of hard-working farmers and 
ranchers.
  Responsible local management of this irrigation project would provide 
for lower costs and increased accountability of the money collected by 
and used in the operation of the Flathead Irrigation Project. At the 
current time the BIA is unable, or unwilling, to proved basic financial 
information to the local irrigation district. This despite the fact 
that the local farmers and ranchers pay 100 percent of the costs to 
operate and maintain the project. At the same, the current management 
cannot even deliver a year-end balance of funds pair by the local 
irrigation users.
  Local management will also will generate savings over the current 
management. These savings could be used to restore the Flathead 
Irrigation Project to a fully functioning, efficiently operating unit. 
Without this legislation, residents face an uncertain future. This 
irrigation project is located in one of the most beautiful valleys in 
western Montana. Preservation of family farms and ranches in the 
Mission, Jocko, and Camas, valleys in Montana is dependent upon local 
management, which will provide an opportunity to control the costs 
associated with the operation of this vital water source.
  This bill gives local citizens the opportunity to control their 
futures. It also keeps the commitments of the past by continuing to 
allow for the negotiation of water rights between the Federal 
Government, the State of Montana, and the affected tribes and does not 
infringe upon tribal sovereignty.
  Mr. Speaker, I am proud to introduce this measure today with the 
support of my colleagues and locally elected officials, and I look 
forward to moving this bill forward on behalf of those communities 
which depend on the Flathead Irrigation Project for their way of 
living.

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