Fall TROUT LINE 2012 Newsletter from the Council of Trout Unlimited Not so capitol ideas Legislature could be a rerun of 2011 by Staff hen the Montana again in for a blizzard of Legislature convenes in measures of the sort that WJanuary we can only hope outgoing Gov. Schweitzer it won’t be a rerun of the last session, termed “batcrap crazy.” which was dominated by nutty Last session saw rejected proposals, rancor between lawmakers, proposals legalizing and full-on attacks on scientific fish and hunting with spears, wildlife management, water quality challenging President protections and stream access. Obama’s citizenship, and But don’t count on it. declaring global warming With the dust settled on the to be non-existent (but if it election, legislative leaders in place does exist humans aren’t and committee chairman selected, the causing it, and besides, upcoming legislative chemistry looks it’s good for Montana). eerily similar to 2011. A Democratic Some of the legislators who governor, this time Steve Bullock, will proposed the strangest face Republican majorities in the House stuff last session will not be and Senate. Key committees will again back. Some will, perhaps be chaired and dominated by folks with more odd proposals, Amy Jimmerson unfriendly to conservation. as evidenced Trout, and the water that sustains them, will continue to be Montana Trout Less certain is whether Montana is See LEGISLATURE, page 4 Unlimited’s focus at the 2013 Legislative session.

State and tribal water accord near by Bruce Farling dominating story of the Indian Reservations. These rights Montana’s water rights system, tribal upcoming Montana Legislature were not initially quantified. In the interests have legal rights to water on could involve ratification of 1970s, Montana created a Reserved and off reservations. Further, because A Water Rights Compact Commission courts have ruled that rights to fish a long-awaited and complex water compact among the Confederated to negotiate the details of the reserved means you need fish and fish need Salish and Kootenai Tribes, State of water rights necessary to meet the water, the tribes have rights to instream Montana and federal government. The purposes of the reservations. In the flows off reservation in areas they used accord quantifies all tribal reserved case of the , Pend historically, which in the compact water rights on the sprawling Flathead Oreille, and Kootenai peoples, the includes all lands west of the Divide. Indian Reservation as well as off- 1855 Hellgate Treaty guaranteed The puzzle has been how to identify reservation in Montana west of the them reserved water rights on the and quantify these rights. Continental Divide. reservation, as well as aboriginal water With a shared objective to not Reserved water rights came with rights for cultural purposes and for harm existing water users, compact the establishment of federal reserves, hunting and fishing in all accustomed negotiators crafted these key elements such as national forests, national places on and off the reservation. for the draft agreement parks or monuments, BLM lands and Therefore, much like water users in See WATER, page 5 1 COUNCIL Fall/12 CHAIRMAN’S MESSAGE MONTANA OF MONTANA TU’S Phil: Do you ever have Deja Vu, Mrs. see positive results from lake trout TROUT UNLIMITED Lancaster? removal at Swan Lake. These successes, OFFICERS MISSION is to conserve, Mrs. Lancaster: I don’t think so, but I we hope, will support the case for lake protect and restore Montana’s could check with the kitchen. trout netting in Flathead Lake. DAN SHORT, CHAIRMAN --from “Groundhog Day” Hydrologic fracturing is still with us. Kalispell world-class coldwater fisheries 257-0069 The jury is out whether safeguards are [email protected] and their watersheds. y, time flies. In December adequate for protecting water quality, 2010, I replaced Doug Nation but we know that the dedicated staff DOUG NATION, PAST CHAIRMAN Founded in 1964, Montana as Montana TU chairman. and volunteers of MTU will make sure AND NLC DIRECTOR M Hamilton Trout Unlimited is a statewide The 2011 Montana Legislature was that this kind of development is done Coming January 2013, a new look for MTU website 363-2137 [email protected] grassroots organization comprised upon us. From the trout perspective, properly. of 13 chapters and approximately prospects looked grim. Further, Despite the continued challenges, The same great resource, with a facelift! In invasive lake trout were reducing January, Montana TU will launch a newly DOUG HAACKE, VICE CHAIRMAN 3,500 TU members. Montana TU moves forward. And so Billings native trout in the Flathead. Hydrologic does our leadership. I will be moving designed website. With the help of Studio 656-4072 [email protected] fracturing was becoming prevalent into the position that everybody wants: Verde Creative in Missoula, MTU has www.montanatu.org in oil and gas development, with past council chair. We’re fortunate completely redesigned the site’s look, feel and CHRIS SCHUSTROM, TREASURER unknown effects on water quality. I to have good candidates for our new functionality. Better integration with social Whitefish 862-3440 remember thinking, “Man, there is a lot executive committee, including Doug media and action alerts as well as improved [email protected] TROUT LINE is published quarterly of work to be done here.” Haacke from Billings, who has been compatibility with tablets and smartphones by Montana Trout Unlimited. In terms of conservation issues we nominated as the new chairman. Chris will maximize the site’s usefulness as a tool for KELLEY WILLETT, SECRETARY Missoula continue to face, it’s like the movie Schustrom, of Whitefish, Kelley Willett conservation advocacy. 608-225-2779 EDITING AND DESIGN...... BRUCE FARLING “Groundhog Day.” We’ve seen it before: of Missoula and Sharon Sweeney-Fee [email protected] MICHAEL GIBSON The 2013 Legislature looks like it of Livingston have been nominated for TOM ANACKER, NLC SECRETARY & KATE GRANT will challenge trout conservation and other officer positions. Our election www.montanatu.org Bozeman 586-7585 recreational access. We will again be occurs December 8. As members Printed on recycled paper using eco-friendly inks. [email protected] asking you to talk to your legislators of TU national’s Board of Trustees, about bills we support and oppose. DAN VERMILLION, NATIONAL TRUSTEE © 2012 Montana Council of Trout Unlimited. Tom Anacker of Bozeman and Dan Livingston Please stand up, again, to defend Vermillion of Livingston will also 222-0624 [email protected] your right to recreate in Montana’s continue as rock solid members of our streams. executive committee. MTU STAFF Non-native lake trout still pose One executive committee change is grave danger to native bull trout unfortunate. Doug Nation is stepping BRUCE FARLING and westslope cutthroats, especially EXECUTIVE DIRECTOR down as our National Leadership [email protected] in Flathead Lake and Glacier Council representative to TU national. National Park. We are starting to Doug is and will continue to be an TIM BAKER DEVELOPMENT AND see encouraging signs that removing impassioned friend of wild and native COMMUNICATIONS DIRECTOR these non-natives in Yellowstone Lake trout. We wish him well (But he won’t [email protected] is leading to increasing numbers of be far. He’s the new president of the Leaving your legacy with Montana Trout Unlimited is easy! MARK AAGENES cutthroat trout. We should start to Bitterroot Chapter board). You don’t have to be retired – or wealthy – to permanently support our work to conserve, CONSERVATION DIRECTOR Finally, I want to recognize the protect and restore Montana’s coldwater fisheries and their watersheds. Consider planned [email protected] MTU staff. Bruce, Kate, Michael, giving tools that begin with a will or trust. A gift of any size can benefit Montana TU’s work MICHAEL GIBSON Get your Montana TU plates at your Mark and our newest member Tim throughout the state. And we can help design the right approach for you and your family. OUTREACH DIRECTOR [email protected] county motor vehicle office! are some of the hardest working and most dedicated staff anyone could ask For more information on how you can make a gift of a lifetime to Montana TU, please contact us. KATE GRANT for. I am proud to be associated with PROGRAM ADMINISTRATOR 111 N. Higgins, Ste. 500 [email protected] an organization that has such a high P.O. Box 7186 caliber of staff. Missoula, MT 59807 OFFICE LOCATION Toll free: 888-504-0054 111 N. Higgins Ave., Suite 500 Missoula, MT 59802 [email protected] Phone: (406) 543-0054 Dan Short Dan Tax ID: 23-7355289 2 Fall 2012 Montana Trout Unlimited 3 LEGISLATURE (from page 1) ignoring clear market signals that insisting that more environmentally WATER (from page 1) tribal water rights will end up in court objective of the tribes is to maintain by Sen. Jerry O’Neil’s (R-Columbia coal-based energy production is not damaging coal mining and coal now under public review: 1.) – a prospect that ensures uncertainty healthy flows for fish, especially Falls) recent request to take his competitive in the nation’s energy burning is essential. Some want to establishment of a reservation water and rancor will color water use and native bull and cutthroat trout. The legislative pay in gold coins. future. Recently, PPL Montana reduce incentives for renewable energy rights system independent of the development on the reservation for compact includes creative proposals With a budget surplus of more announced it would close its antiquated projects featuring wind and solar State system; 2.) creation of a five- years to come. The only winner in that for protecting headwater flows on than $400 million, it appears fiscal Corette coal power plan in Billings. power. Their primary target will be the person tribal-nontribal board to scenario will be the water rights conflict reservation, and for improving flows matters won’t dominate the upcoming Though some politicians blamed it Montana law that requires utilities here adjudicate reservation water claims; industry comprised of attorneys and in reservation streams with existing session. This increases the odds that on environmental regulation and to dedicate a modest 15 percent of their 3.) quantification of tribal instream crafty consultants. The other option irrigation water rights or those legislators will focus on pet peeves. President Obama, the primary cause portfolio to renewable production. flow rights benefiting fish on the is to continue negotiations. However, associated with the federal water Two topics likely to be near the top of is simply that the power it produces TU members ask before every reservation; and 4.) identification of that requires the Legislature to renew project in the Mission and Jocko the list are the management priorities isn’t competitive in the marketplace. session: Will there be an attack on water rights and stored water that the the State’s compact commission, which Valleys. It also establishes tribal of Montana Fish, Wildlife and Parks Managers of the Decker Coal Mine stream access? Probably. Last session, tribes will co-own for fishery purposes sunsets next year. instream flow rights on lower reaches (FWP) and accommodation for the in Southeast Montana recently anonymous well-heeled landowners with Montana Fish, of the Clark Fork, Swan, and Kootenai fossil fuel industries. Sen. John Brenden announced they would lay off 75 funded three lobbyists, including Wildlife and Parks (FWP) Rivers. The priority date for these rights (R-Scobey), the new chair of the Senate workers at what was once one of the former U.S Attorney Bill Mercer, to off reservation in the is time immemorial, meaning they are Fish, Wildlife and Parks Committee, nation’s largest surface coalmines. push a bill classifying many Montana Kootenai, Swan, Clark the oldest water rights and therefore has long been obsessed with radically The main reason: The mine’s primary stream as “ditches,” making them off- Fork and are first in line to be protected. The customer would be limits to recreational use by the public. basins. tribes will also co-own Montana FWP’s switching to cheaper Expect similar mischief this session. Tribal, State and existing rights to stored water used natural gas. So, hold on to your hats. The federal negotiators will for instream flow enhancement in the Remarkably, Legislature is in town. There will be vote December 19th Bitterroot River. And most crucially, industry trade surprises. All TU members should pay to send the compact the compact shifts the old hydroelectric publications hint that attention. To sign up for legislative to the Legislature for water right at Milltown to the tribes PPL might be looking updates and alerts, contact Michael ratification. Once ratified and FWP for maintaining fisheries, to peddle its coal Gibson at [email protected]. by the State, Congress with the right to defend 1,200 cfs in and perhaps hydro must approve the critical flows at Bonner during summer. facilities because, For more information, contact Mark compact. The last stop The draft compact results from years amazingly, they aren’t Aagenes at [email protected]. for the agreement will be of laborious negotiations. It strikes a regulated enough. the tribal council. After sensible balance and largely protects That is, when the 1997 all three sovereigns have existing water users. It deserves TU Legislature mistakenly approved the agreement, Amy Jimmerson support. However, it is under attack deregulated the federal government Tribal water rights off-reservation could help protect flows in the . from many of the same forces in the electrical generation and State will award the tribes funding This state-tribal water compact Flathead region that assailed previous and distribution to help implement compact provisions, is not unique. It is the last of seven tribal-state agreements affecting water it eliminated a especially those for investment in tribal water compacts to be completed quality regulation, fish and wildlife guaranteed rate irrigation efficiency on the reservation. in Montana. It will be the 16th of 18 management, and gaming. If this Laws passed in the 2013 Legislature could stifle development of renewable power sources of return on those in the state. Funding hasn’t been finalized yet, but it compacts detailing the reserved water opposition sidetracks the deal, it will be investments, leaving Employee Contributions will be in the tens of millions of dollars. rights of federal or tribal reserves in to the detriment of all Montanans. changing FWP. In the past he has them at the mercy of the free market. If the compact doesn’t go to the Montana. tried to prohibit the agency from The ironic result: Competition with Does your company match employee Legislature, or, if lawmakers reject it, Trout Unlimited’s interests in this purchasing crucial habitats and sought abundant natural gas isn’t producing contributions to nonprofits? Many then it’s quite possible arguments over compact are significant. A primary opportunities to privatize public fish predictable profits from coal burning. businesses will match charitable donations and wildlife. TU members can expect As if this isn’t enough, financing for made by their employees and retirees. Some attacks on FWP to be prominent this new coal projects is getting harder to even double the money. It’s an excellent way MONTANA TU STEWARDSHIP DIRECTORS session. Also likely will be attacks on come by: Bankers are not only realizing Dr. Marshall Bloom Bud Lilly Paul Moseley to stretch your conservation dollars with a Hamilton, MT Three Forks, MT Neale Streeks the department’s budget, including Missoula, MT that coal isn’t adaptable in today’s fast- gift to Montana TU. Great Falls, MT Monte Dolack Tom Morgan cuts for important programs such as paced energy markets, they’re seeing Roy O’Connor the Future Fisheries Improvement unacceptable risks with investing in an Missoula, MT Manhattan, MT K.C. Walsh Clinton, MT For more information on how you can make a gift to Bozeman, MT Program, which has funded millions activity that plays such a major role in Montana TU, please contact us. Dr. Stanley Falkow Drs. Robert and Peggy Paul Roos of dollars of cooperative habitat climate change. Hamilton, MT and Ratcheson Dr. Irving Weissman Lincoln, MT Portola Valley, CA restoration since 1995. Despite these unmistakable 111 N. Higgins, Ste. 500 Hamilton, MT Hamilton, MT and Missoula, MT 59802 Redwood City, CA Craig & Jackie Mathews Many legislators will seek ways market headwinds, some stubborn Jerry Lappier Paul Stanley West Yellowstone, MT to increase coal mining in the state, legislators are still living in the 1950s, Toll free: 888-504-0054 or [email protected] Craig, MT Bozeman, MT and Piedmont, CA 4 Fall 2012 Montana Trout Unlimited 5 MONTANA TROUT UNLIMITED CHAPTER NEWS CHAPTERS and restore populations of native Joe Brooks Chapter Yellowstone cutthroat trout. MCFF & PRESIDENTS

is contributing $3,000 to support BITTER ROOT CHAPTER #80 The chapter’s continued support telemetry work in Yellowstone Lake Cassie Buhl, Hamilton for science curricula in Livingston that identifies and maps lake trout [email protected] 360-2080 schools has increased opportunities for spawning sites. These data should student involvement in stream studies, inform efforts to eliminate lake trout BIG BLACKFOOT CHAPTER #544 entomology, bio-control of noxious Scott Gordon, Seeley Lake eggs and fry, helping to keep these [email protected] weeds, and watershed ecology. Photos invasive predators in check. This 677-8420 from their Yellowstone River Clean Up summer, MCFF joined Montana Day and Kids’ Fishing Day, as well as FLATHEAD VALLEY CHAPTER #85 Audubon and others in encouraging Haskill Creek Restoration Chris Schustrom, Whitefish updates on activities, meeting dates families to engage in outdoor activities [email protected] Yellowstone cutthroats in Leverich and issues of concern are posted on the through the public-private program Pat Barnes-Missouri River Chapter 862-3440 Creek, and is planning a revegetation chapter website at “Get Outside Montana.” Chapter GEORGE GRANT CHAPTER #183 project for Spring 2013. The chapter’s www.joebrookstu.org. volunteers taught anglers of all In addition to focusing on Montana’s Bob Olson, Butte Sheppard Creek brook trout suppression TroutFest Banquet & Auction is [email protected] ages how to fly cast, tie flies, and tie 2013 legislative session, PBMRTU plans February 16, 2013, at Bozeman’s Best 560-3791 Magic City Fly Fishers knots. MCFF is also co-sponsoring a Flathead Valley Chapter to improve fundraising for conservation Western GranTree Inn. Details and 10-session fly tying class that started in projects in the Missouri, Smith, and JOE BROOKS CHAPTER #25 ticket info at www.mgtu.org. Sharon Sweeney Fee, Livingston A primary conservation goal for TU’s early November. In September chapter volunteers Little Blackfoot River watersheds. [email protected] Billings-area chapter is to protect 579-7735 helped Montana FWP net invasive The chapter’s conservation team has Big Blackfoot Chapter lake trout at Swan Lake. Three years submitted four funding proposals to KOOTENAI VALLEY CHAPTER #683 of similar efforts, hopefully, will have Montana’s Natural Resource Damage Tim Linehan, Troy Ryen Neudecker, BBCTU’s project reduced predation pressure enough Program, to increase streamflow, [email protected] NEW OPTIONS FOR MONTANA TU CONTRIBUTORS manager, and husband Greg have a new 295-4872 to enable an increase in bull trout improve and protect riparian habitat, We’ve listened to our supporters, and responded by setting up automatic fund transfer alternatives baby girl, Loryn Augusta. The chapter for those of you who’d prefer to regularly donate to Montana TU.To make a one-time, monthly, spawning. Chapter volunteers also and reduce sediment in the Little LEWIS & CLARK CHAPTER #656 recently installed a fish ladder in Frasier PO Box 903 quarterly or annual pledge of ANY amount to Montana TU, simply clip this form, fill it out and mail helped the Forest Service remove Blackfoot River watershed. The to MTU at PO Box 7186, Missoula, MT 59807 Or, call Kate at Montana TU’s Missoula office toll-free: Creek, a Nevada Creek tributary, and Sheridan, MT 59749 invasive brook trout from Northwest chapter is helping fund restoration www.lctu.org 888-504-0054. irrigation pipes -- to replace ditches Montana’s Sheppard Creek in an projects on the Missouri River, Wegner -- along Sauerkraut Creek in the upper MADISON-GALLATIN CHAPTER #24 effort to boost native cutthroat Creek, and Little Prickly Pear Creek, YES! I’d like to contribute to Montana Trout Unlimited. Blackfoot drainage. BBCTU is nearing Mark Peterson, Bozeman trout. Local members testified at a in coordination with Montana FWP. [email protected] NAME______PHONE______completion of a restoration project 595-1409 hearing this fall and sent substantive Members continue to monitor a ADDRESS______on Poorman Creek near Lincoln, and written comments to the Montana proposed copper mine in the Smith MAGIC CITY FLY FISHERS #582 EMAIL ______is gearing up to help decommission Legislature’s Interim Water Policy River drainage, and are looking at Lyle Courtnage, Billings unnecessary forest roads under the [email protected] Committee, endorsing proactive potential projects in the watershed for 896-1824 DONATION OPTIONS Helena National Forest’s Blackfoot legislation to curb the growing investment of Smith River Corridor One-time donation of $______. Travel Plan. MISSOURI RIVER FLYFISHERS problem posed by groundwater wells Enhancement Account money. The Monthly pledge of $______per month. Denny Hanson, Great Falls exempt from permitting. In October, chapter is sponsoring 11 Trout in the Snowy Mountain Chapter [email protected] Quarterly pledge of $______every three months. Classroom (TIC) programs in Helena chapter volunteers worked with the PAT BARNES/MISSOURI #55 Annual pledge of $______per year to Montana TU. Haskill Basin Watershed Council on area schools this year, with the newest RIVER CHAPTER Volunteers with TU’s Lewistown-area streambank repair and restoration at Montana City’s elementary school. Garrett Fawaz, Helena chapter continue to work hard raising [email protected] PAYMENT METHOD along Haskill Creek, an important The Exploration Works museum in funds for the Machler Big Spring Creek 422-4426 I have enclosed a blank, voided check and authorize my bank to transfer tributary to the Whitefish River and Helena will have a TIC display open to Restoration Project. Partners include source of drinking water for the City of the public starting February 2013. SNOWY MOUNTAIN CHAPTER #610 funds to Montana TU. landowners, state and federal agencies Mike Chapman, Lewistown Whitefish. The chapter also submitted [email protected] I want to pay by credit card: (circle one) MC VISA AMEX DISC and community groups that aim to comments to FWP on the Statewide Madison-Gallatin Chapter 538-2517 Card#______Exp. Date ______bring meanders back to the creek and Fisheries Management Plan. Details restore the floodplain. To help, contact WEST SLOPE CHAPTER #56 and the chapter newsletter, as well as Mad-Gal TU assisted Montana FWP Carey Schmidt, Missoula Thanks to all who generously contribute to help conserve, protect and restore Montana’s coldwater Mike Chapman at 406-538-2517 or resources. Every dollar counts! other conservation information, are and a property owner with installation [email protected] [email protected]. 360-5256 available at www.flatheadtu.org. of a fish barrier to protect native 6 Fall 2012 Montana Trout Unlimited 7 NON-PROFIT ORG. U.S. POSTAGE PAID MISSOULA, MT PERMIT NO. 569

Montana Council of Trout Unlimited PO BOX 7186 MISSOULA, MT 59807 THIS ISSUE: Legislature Page 1 ------Tribal Water Rights Page 1 ------New Website Page 3 ------Chapter News Page 6 Fall TROUT LINE 2012

UPCOMING EVENTS www.montanatu.org Montana TU’s Holiday Social A PhD in Fly Fishing w/ Jack Dennis 12/18/12 4-8 p.m. upstairs at Bayern Brewing, 1507 Montana St., 2/16/13 all day seminar (9 a.m. to 5 p.m.) in Missoula, hosted by Missoula. Fifty cents per pint sold goes to Montana Trout TU’s WestSlope Chapter. Contact Mark at mark@makdirect. Unlimited. Bring your favorite holiday appetizer or desert net or 327-9990. to pass! Mad-Gal TU’s TroutFest Banquet Watershed Warriors Fundraiser 2/16/13 at the Best Western GranTree Inn, 1325 N. 7th Ave., 1/17/13 with Joe Brooks TU Chapter, 6 p.m. at the Elks Lodge, 130 Bozeman. Cocktails, hors d’oeuvres, silent & live auctions, S. 2nd St., Livingston. Dinner, raffles & program discussion. dinner, awards & raffles. Doors open at 5 p.m. Ticket info Guest Scott Opitz presents, “State of the Yellowstone.” at www.mgtu.org Contact Sharon at 529-7735 or [email protected] Joe Brooks TU’s Chili Cook-Off 2/21/13 6:30 p.m. at the Elks Lodge, 130 S. 2nd St., Livingston. Dave WestSlope TU’s Fly Tying Day Sweet from Wyoming TU shares news on the Yellowstone 1/26/13 in Missoula. Get the latest techniques, patterns & Lake Project. Contact Sharon at 529-7735 or instructions. More soon at www.WestSlopeTu.org, or contact [email protected] George at 721-5686. WestSlope TU’s Banquet & Auction MRF Banquet & Auction 2/23/13 6 p.m. at the Hilton Garden Inn, 3720 N. Reserve, Missoula. 2/9/13 6 p.m. at the Heritage Inn, 1700 Fox Farm Rd., Great Falls. Live & silent auctions, raffles, drinks, dinner & more. Tickets Dinner, silent auction, raffles, ‘duck pond’ & art auction. on sale in Missoula fly shops starting January 2013. Contact Details at www.missouririverflyfishers.com or contact Erik at Carey at [email protected] [email protected] WANT OVER 3,000 MONTANA TU MEMBERS TO HEAR ABOUT YOUR EVENT? www.facebook.com/ Please contact the Missoula office at 888-504-0054 or [email protected] to get the word out in Trout Line @montanatu montanatu