Article published Jan 14, 2008

Consultant: Use or lose city water rights

By RICHARD ECKE

Tribune Staff Writer

When it comes to water, it's use it or lose it, Helena water rights consultant David Schmidt told Great Falls city commissioners at a work session last week.

Schmidt said the city could enhance its water rights by selling water to big industrial water users. He cited several possible customers, including the existing International Malting plant north of town, a natural-gas-fired power plant proposed by Montgomery Energy near the malt plant and the proposed coal-fired Highwood Generating Station east of the city.

Critics of the coal-fired plant, the most controversial of the three projects, have suggested it would use large amounts of water, which might hurt water users downstream.

City Manager John Lawton said it's up to the state to figure out whether water rights have been properly granted.

"It's not Great Falls' job to determine what happens downstream," Lawton said.

In the sometimes dog-eat-dog business of water rights, the city of Great Falls could end up with enhanced water rights a few decades from now by selling water to big industrial users. Once those plants quit operating, the water rights would be retained by the city for other uses, Schmidt said.

Lawton said the city's current substantial water rights will be good until at least 2040, giving the city more than 150 years of water rights thanks to the foresight of city founder Paris Gibson and his colleagues.

"We need to think about the next 150 years," Lawton said. "Water supply will continue to become tighter."

Schmidt said the city's most important water right is one obtained by Gibson in the late 19th century. He said selling water to new industry does not affect the Gibson rights, but would allow the city to firm up some of the city's newer water rights.

"These reservations must be perfected by 2025 or they won't be able to use them," Schmidt said.

People and public entities must prove they are using water to retain water rights, he noted.

"The onus is on the owner," Schmidt said.

Not so fast, said Richard Liebert, chairman of the environmental group Citizens for Clean Energy.

"We're still in the grip of a drought," said Liebert, a farmer and rancher. "The city can't just sit there alone and demand it all."

Liebert said he doesn't think the city should get greedy where water is concerned, but should consider its neighbors instead.

"We've all got to be good neighbors," Liebert said. "That's one of the virtues of living out West."

Liebert said a proposed ethanol plant, would require water as well if it is built.

Schmidt told commissioners Tuesday that the city could buy water rights from others for future use, and more aggressively treat the city's wastewater. He said the city could charge fees to developers to create a fund for future purchases of water rights. He noted that Bozeman paid about $700,000 earlier this month to gain access to about 100 acre-feet of water per year.

Eventually, the costs of water rights will go through the roof, Schmidt said. Great Falls also could drill wells to irrigate parks to free up river water for uses other than irrigation, he added.

Liebert urged area farmers and ranchers to be very cautious before considering selling their water rights to the city, or anyone else.

"Water is gold," he said.

Among cities in Montana, Great Falls is in an enviable position, with the mighty Missouri running through the middle of it.

"Great Falls sits in a wonderful place," Schmidt said in an interview. Compared to the total flow of the Missouri River past Great Falls, use of water by the proposed Highwood Generating Station would not even be perceptible, he said, amounting to less than one-fifth of one percent of the river's lowest flow in the area.

Great Falls' total use of water is "perceptible, but only barely," Schmidt noted.

At last week's meeting, Schmidt urged Great Falls officials not to get complacent about water.

"Great Falls should control its own water future," he said.

City Commissioner John Rosenbaum said he would like to see the city promote water conservation.

"I think that's the first place I'd like to go," Rosenbaum said.