By Michael Howell
The Bitter Root Irrigation District (BRID) has scheduled a public meeting on Tuesday, November 11, at 6:30 p.m., to discuss the future of the Three Mile Project Gravity Pipeline System. BRID was the sponsor for the NRCS loan that funded the construction of the gravity feed sprinkler system back in 1986. The District has been operating and maintaining the system since that time, but District officials believe that when the bond that funded the project expires, in February 2016, that responsibility will revert to the individual irrigators using the system.
BRID Chairman John Schmiedeke said that the board felt obligated to engage the users of the system in a discussion about the future operations and maintenance of the system once that contract expires. He said the system users had some options, they could either organize amongst themselves and contract with a private company to do the operation and maintenance or they could sign a petition to form a sub-district of the BRID and accept an additional $10 per acre assessment to pay for the O&M.
“We are just trying to be proactive here,” said Scnmiedeke, “so there can be a smooth transition. The people using the system can do whatever they want. We are just trying to give them an option that would include BRID continuing to do the O&M on their system, but whatever they choose is up to them.”
The bottom line, he said, is that without something like the creation of a sub-district, the BRID’s responsibilities will cease in about a year and a half from now and he points to the next to the last line in the O&M agreement from 1983: “This plan will be valid for the life of the loan of the project measure, which is defined as a period ending 30 years from the date of the acceptance of the measure.” That date was February, 1986.
BRID’s initial involvement began back in 1973, when it helped secure some funding for the construction of an irrigation inlet structure for the Home Acres subdivision in the Three Mile area and entered into an operation and maintenance agreement with the USDA Soil Conservation Service to maintain and operate the structure after construction.
Then in 1983, BRID took on sponsorship of the Three Mile Project Gravity Pipeline System. This was a project designed to replace the traditional flood irrigation system in the area which was losing a lot of water and at the same time delivering a lot of silt into Three Mile Creek that feeds into the Lee Metcalf National Wildlife Refuge. The gravity feed sprinkler system was meant to conserve water and decrease the sediment contribution to the creek.
BRID board of directors then passed a bond resolution and an assessment resolution in 1986 based upon a petition signed by at least 60% of the owners who comprised 60% of the acreage for the entire District, and also 60% of the owners who comprise at least 60% of the acreage that would benefit from the project. Initially that was about 200 users.
After holding a series of meetings to discuss options for the future, the District prepared a proposal for forming a Sub-district and began circulating it amongst the users. Some of the users retained an attorney to evaluate and respond to the proposal.
In his letter to the District dated September 9, Phil McCreedy, of Datsopolous, MacDonald & Lind, insists that BRID remains responsible for the upkeep and maintenance even after the bonds are retired. He suggests that BRID was the beneficiary of the system and claims the District cannot create a sub-district “designed solely for the purpose of charging them an extra fee.” He states that, under Montana law, a District may not charge different rates for its members. He claims that there was no provision in the contract that would require title to be transferred to users at the end of 30 years and that BRID retains ownership. He said it was inequitable for Three Mile users to pay more than other members of the District.
David Markette, attorney for the District, disagrees. In a response letter to McCreedy, he states that in his opinion, the petitions and project were made in order for BRID to act as a sponsor to borrow money and issue bonds and there is no reference to the creation of any Sub-district in the contract.
“Please be assured that BRID is not forcing anyone into any action,” wrote Markette. “It is BRID’s position that its responsibility for the Three Mile Pipeline Project ceases once the bonds are retired, as the contract sponsorship will have been fulfilled. The Three Mile Pipeline Project is no different than any other private delivery system from the main BRID canal. BRID does not own or maintain private lateral ditches or pipeline systems. They are the responsibility of all the users of the private system.”
Schmiedeke said that BRID delivers water to about 20 other private systems like the Three Mile system. He said that the District had, by law, to treat its members equally.
“We don’t maintain any of those other systems,” he said, “and if we had to, there is no way that we could afford it. It’s just not possible.” He said he hopes that anybody with any questions about the coming transition will come to the meeting. He said he believes they will get the answers they need to make an informed decision.
“If there was one shred of evidence, one piece of paper, saying that BRID would assume control of the pipeline system after the expiration of the contract, we would be glad to take it on,” said Schmiedeke. He said his office staff had looked at every set of minutes since the 1980’s and has not found a thing. He said opponents to the sub-district proposal have not been able to produce any evidence either.