Article published May 7, 2008

Commissioners approve water rights contract

By RICHARD ECKE

Tribune Staff Writer

City commissioners approved a new water rights contract and a land purchase after debates on both plans Tuesday night.

Water rights proved to be the more slippery issue, as commissioners voted 4-1 Tuesday night to enter into a new contract with Water Right Solutions of Helena.

Critics questioned why the city earlier agreed with consultant David Schmidt's recommendation to reduce a historic city water right by more than half.

Attorney Stuart Lewin urged the city to defend its water rights, not give them up.

"Our future rests on these water rights," Lewin said. "We need to prepare ourselves for the battle that is to come."

Schmidt agreed with Lewin that the city needs to protect its water rights.

"That's what we're trying to do," Schmidt said. "I'd like to continue the good work we've been doing."

Schmidt said the average cost per year of about $21,000 has been much less than if the city hired its own personnel to handle water rights work.

The consultant has received $75 per hour for services since 2002. Under the new pact, Schmidt will receive $100 per hour, and his staff will receive $85 per hour. Expert witness work will pay $150 per hour.

A big bone of contention was whether the city should have reduced its water rights voluntarily.

"There's something wrong with saying, 'Let's give our rights away and let's go out and buy some more," said frequent city critic Ron Gessaman.

Commissioner Bill Bronson said the city can take another look at its water rights strategy, but he said the city needs a rationale for what it demands.

"You can claim all you want, but if you don't use it, you lose it," Bronson said.

Commissioner Mary Jolley said she did not think the city would have "anything to lose at this point" by renewing its claim to about 53,300 acre feet of river water. On Schmidt's advice, former City Manager John Lawton earlier agreed to reduce that claim to about 20,000 acre feet of water.

Commissioner John Rosenbaum said the city needed to act with an August water rights deadline looming.

"We need to get our provider on board," he said. Jolley offered the lone dissenting vote.

Last week, an analysis by Rosenbaum and others said the city was "trying to be reasonable" in its water claims, adding that claiming excessive amounts could backfire on the city.

Also Tuesday, commissioners agreed to buy property east of U.S. 87 north of Great Falls for $130,000, not counting about $10,000 in closing costs and other fees. The city plans to sell its current Recycling Center at 15th Street near River Drive North and relocate to the new property.

Lewin and Gessaman criticized the plan, in part because the city plans to mix sludge from the sewage treatment plant with its regular compost. Several critics suggested the sludge contains metals from industrial customers whose wastewater is treated at the plant.

Mayor Dona Stebbins said she thought the plan to use the sludge was a good one.

As for the location of the new property, Gessaman said he thinks moving the recycling center to the edge of town will discourage people from using it.

The land purchase sailed through on a 5-0 vote, but the sludge issue might be revisited later.

Also at the meeting, commissioners voted 4-0 to approve an action plan to spend federal Community Development Block Grants of $996,289, and Home Funds amounting to $395,730. Jolley recused herself, because of her affiliation with the nonprofit CASA-CAN Children's Advocate Network, which ended up receiving a block grant of $4,800.

The largest amounts of money went to: the city, $183,414, for block grant administration; NeighborWorks Great Falls, $130,000, to improve area housing; the city's Community Recreation Center, $111,961, for heating and cooling system work; McLaughlin Research Institute, $100,000, to expand the research facility; and city Public Works, $75,000, to install curb cuts for handicapped access on Central Avenue from 34th to 37th streets, and several other locations. Other grants were for $50,000 or less.