St. Mary proposal shipped to Capitol Hill

Larry Kline

Havre Daily News

lkline@havredailynews.com

The push to fix the deteriorating St.

Mary diversion now sits squarely on

the shoulders of Montana’s congressional

delegation.

U.S. Sen. Conrad Burns, R-Mont.,

late Wednesday received proposed legislation

that would make the cost of the

diversion’s repair largely the responsibility

of U.S. taxpayers. A spokesman

today said the senator’s office is working

to incorporate the latest changes

and introduce the bill “as early as next

week.”

A field hearing of the Senate Energy

and Natural Resources Committee, of

which Burns is a member, will likely be

held in Montana in July or August, St.

Mary Rehabilitation Working Group

executive director Larry Mires said

Wednesday.

U.S. Sen. Max Baucus, D-Mont., is

prepared to co-sponsor the bill, state

Department of Natural Resources and

Conservation bureau chief John Tubbs

said. U.S. Rep. Denny Rehberg, RMont.,

will introduce the bill in the

House, Tubbs said Wednesday.

In what Lt. Gov. John Bohlinger

called “a historic day,” working group

members held a conference call

Wednesday to finalize changes to the

proposed federal legislation that would

shift the cost estimated to exceed

$130 million of repairing the ailing

diversion, which keeps the Milk River

flowing year-round with water transferred

from the St. Mary River, to the

federal government. That burden is

now borne by Milk River irrigators,

who are required by law to pay for

repairs.

The legislation calls for a cost share

that caps the state and local contribution

at $25 million. It calls for the federal

government to complete necessary

studies within two years of the law’s

passing. No more than six months

later, design and construction must

begin. The project must be “substantially”

completed by Jan. 1, 2018. The

proposal also includes a catastrophic

failure provision, which forces the government

to repair the diversion facilities

possibly to the specifications of

the new, updated designs in the

event of a major problem.

Late requests by Blackfeet tribal

officials caused working group members

to postpone their teleconference

until Wednesday. Tribal officials raised

16 proposed additions, Tubbs said.

Some were easily included, while others

took time to work through, he said.

The tribe wanted to ensure that the

proposal did not limit their water compact

negotiations, he said.

“We addressed almost every item

that the Blackfeet raised,” Tubbs said.

Blackfeet officials could not be

reached for comment today.

The proposed legislation includes

measures for the rehabilitation of the

Blackfeet Irrigation Project; tribal

involvement in the planning, design

and construction; hiring preference for

qualified Blackfeet members; and the

inclusion of unspecified Blackfeet projects

in the rehabilitation.

The system also has caused environmental

concerns on the Blackfeet

Indian Reservation, where the entire

facility is located, including large

deposits of sediment in Lower St. Mary

Lake.

The diversion was one of the first

five projects recognized under the 1902

Reclamation Act, and construction

began in 1906. Water was first carried

from the St. Mary River through the 29-

mile system of canals, siphons and drop

structures to the north fork of the Milk

River in 1916. Before the system was

built, the Milk River ran dry six out of

every 10 summers.

The system supplies 17,000 northern

Montana residents with water and irrigates

roughly 140,000 acres in the basin.

In recent years, concern that the

structures could suffer catastrophic

failure has grown. Leaks have sprung

in the 8-foot siphons steel pipes that

bring St. Mary water from one basin to

the next and have been patched with

old tractor tires in some cases. A crucial

bridge carrying the siphons has

been damaged, and the five concrete

drop structures have crumbled, exposing

support beams.

Mires was pleased with the outcome

of Wednesday’s teleconference. He

called the efforts of the working group

members, Burns’ staffers and state officials

“instrumental.”

“From the overall perspective, it

allows this project to move forward to

a level it hasn’t in 100 years,” he said.

“I think in the end everyone is going to

be better off and we’re going to have a

much better system.”