Article published Apr 18, 2008

City water rights contract raises questions

By RICHARD ECKE

Tribune Staff Writer

Nerves were on edge this week as Great Falls city commissioners debated a sweetened water rights consulting contract.

Water Right Solutions of Helena has worked under contract with the city since 2002. That contract needed to be updated, city Fiscal Officer Coleen Balzarini said Tuesday during the regular City Commission meeting.

By meeting's end, commissioners agreed to delay a decision until they could have a long instructional session with the consultant, David Schmidt of Helena.

In between, some people expressed passionate views on the subject, new City Manager Greg Doyon said Thursday.

At one point during the meeting, attorney Stuart Lewin rose to ask why the consultant's fees would approximately double, to up to $100 per hour. Lewin also asked why the city would agree to provide free legal assistance to the consulting firm if it ever was sued over the work it performed for the city.

Doyon, who talked briefly during the meeting with City Attorney David Gliko, suggested commissioners delay action until the city could study the free legal assistance issue.

Commissioner Bill Bronson said a brief delay might work, but added that the city needs to meet an Aug. 4 deadline to comment about its water rights in the Missouri River Basin.

As the session wore on, City Commissioner Mary Jolley and Lewin both said the original water rights records for the city are in Helena, and it was difficult to arrange a trip to view them. Jolley also quizzed Balzarini on whether the city had copies of the records in Great Falls that were withheld from the public.

An exchange between Jolley and Balzarini remains a matter of controversy.

"Mary Jolley bullied Coleen Balzarini," Mayor Dona Stebbins said Thursday. "I think she needs to find the facts before she attacks."

Jolley said she didn't think she was being mean in asking Balzarini questions.

"I ask questions," she said. "It's not surprising I ask questions, I don't think."

Stebbins said she talked to Balzarini Wednesday, and the mayor believes the matter was a misunderstanding.

"Jolley had her wires crossed," Stebbins said. The mayor said the city does have water users' records on hand, but not the water rights records to which Jolley referred.

Jolley said she had to accept Balzarini's denial that the city kept copies of the historic water rights records with an official in Balzarini's office. Jolley said a confidential source told her the city has copies of such records.

Jolley said she felt "very relaxed" Tuesday evening, but Stebbins and Doyon said Balzarini appeared upset following the exchange. Balzarini left City Commission Chambers after commissioners voted to table the measure.

"I would have been upset, too, if someone had taken after me," the mayor said.

Doyon said he went into the hall to check on his department head after she left the chambers. Stebbins added that Balzarini appeared fine Wednesday.

Meanwhile, Kathleen Gessaman, a resident who attended Tuesday night's session, said she thought both Jolley and Balzarini behaved appropriately.

"I think they were both doing a very civil job," Gessaman said, adding she understands Balzarini's reaction. "No one likes to be questioned in public."

Stebbins said she believes Jolley should be more cooperative at commission meetings.

"You catch a lot more flies with honey than you do with vinegar," Stebbins said.

Jolley, however, noted that she won all but two precincts in last fall's city election after promising to ask questions and delve into issues if elected as commissioner.

"I didn't blow up at our Tuesday meeting," Jolley said. "I think I have every right to get that question answered. I think I have a lot of support in this town."

Doyon and Balzarini, who could not be reached, were in Billings for meetings Thursday with the Southern Montana Electric Generation & Transmission Cooperative, which is proposing a coal-fired power plant east of Great Falls.

"I haven't seen any evidence that they (city staffers) are hiding materials," Doyon said in a telephone interview.

A few commissioners took pains to compliment the Helena consultant, who still may gain a new contract after the dust settles.

"He has a wealth of knowledge and background," Commissioner Bill Beecher said.

Commissioner Bill Bronson said at the meeting that it would be foolish for the city not to protect its water rights.

"We need to get on top of this issue as soon as possible," he said.

Jolley said she believes there is plenty of time for the city to meet its Aug. 4 state comment deadline, since the consultant estimated he would need only about 32 hours to go through other water rights applications filed in the area.