WINTER TROUT LINE 2015 Newsletter from the Montana Council of Trout Unlimited Legislature chugs into halftime Legislators nix he first 45 days of the Montana Legislature were a necessary mining scramble, though the number T by Bruce Farling of measures – and the amount of bonding bill controversy – affecting coldwater fisheries, water quality, instream alk abounds at the current legislative Legislative session about Montanans taking flows and stream access, seems less 2015 Session than previous sessions. The second Tpersonal responsibility and not 45 days will be more telling. Here’s a depending on help from government. Unfortunately, many lawmakers refuse to rundown on some of Montana TU’s HB 525 – Sponsored by Rep. Mark apply this standard to the state’s hard-rock priorities as of March 3: Noland (R-Bigfork). Creates a permanent trust fund for combatting aquatic mining industry. Bills we support invasive species. Passed House, now in Sen. Mary Sheehy Moe (D-Great Falls) the Senate. introduced SB 218, a modest measure HB 140 – Sponsored by Rep. Jeff Wellborn requiring some hard-rock mines – those (R-Dillon). This bill increases resident Bills we oppose with potential to generate highly damaging hunting and fishing fees modestly ($3 HB 519 – Rep. Carl Glimm (R-Kila). acid-mine drainage – to post performance for fishing) while shifting FWP income This torturous, hard-to-understand bonds representing 100 percent of the planning to a 4-year cycle instead of 10 measure, developed by the state’s estimated cost of reclamation plus 50 years. Montana TU supports this so that homebuilders association, does not percent. Today, large mines are required to FWP can avoid major cutbacks. Still comport with a recent court decision post only amounts equal to the estimated costs of reclamation, with no significant needs House and Senate approval. affecting unregulated “exempt” wells. buffer if the estimate is wrong. SB 218 was it undermines Montana TU’s efforts to SB 262 – Sponsored by Sen. Chas intended to help rectify a long-standing reduce impacts to streams and senior Vincent (R-Libby). This bill ratifies the problem: Bonds calculated by Montana’s water compact between the State of water rights from water development. Department of Environmental Quality Montana and the Confederated Salish Passed House, now in Senate. and the mining industry have consistently and Kootenai Tribes. The Compact settles HB 427 – Rep. Bob Brown (R-Thompson proven far too small. The result is that forever the water right claims of the Falls). This bill, which is probably mining companies continue to close their tribes, while protecting existing water unconstitutional, appropriates state modern operations, leaving taxpayers with users and modestly benefitting flows for funds to defend individuals with water multi-million dollar cleanup and pollution fish in some streams of western Montana. rights should the CSKT water compact treatment costs. It passed the Senate, but the House fail and the tribes take their claims to For instance, state and federal agencies have so far spent nearly $13 million to debate will be contentious. If the bill water court. It requires taxpayers to shell stabilize and reduce pollution from the fails, the tribes, like any legitimate water out if the Legislature rejects an accord the shuttered Beal Mountain Mine near right claimant, will file their claims for State’s Compact Commission negotiated Anaconda. Permanent closure could cost instream flows in Montana Water Court, and agreed to – even though the potentially delaying final adjudication of $39 million in public money. Further, most water rights in the state for decades. see LEGISLATURE, page 2 agencies have spent nearly $24 million for reclamation and water treatment of Hire a guide on Friday, July 24! the Zortman-Landusky mine near Malta. This mine will require public funding in First Annual Montana TU Tip of the Hat Day perpetuity to deal with the pollution it Support select fishing guides who will donate their generates. The bonds posted for these and tips for one day only to Montana TU. other still-polluting operations have long For more information, contact Kelley Willett at been exhausted. [email protected] or 406.543.0054. courtesy Amy Jimmerson see BONDING, page 3 1 FROM THE CHAIRMAN WINTER/15 very March I find myself thinking For instance, the potential for acid about replenishing my stock of mine drainage from a proposed copper Epreferred flies for fishing my home mine in the headwaters of the Smith MONTANA TU’S river before runoff, the Flathead and River is something all Montanans should is to conserve, its forks. This March, however, be concerned with. The public MISSION I am thinking about how pallid must demand that claims by the protect and restore Montana’s world- sturgeon, aquatic insects, and Clean, mining company that it will not class coldwater fisheries and their habitat on the Yellowstone River clear, harm this popular and important watersheds. downstream from Glendive will watershed for fish and wildlife fare in the aftermath of the recent cold and agriculture be validated with Founded in 1964, Montana Trout pipeline break that spilled 39,000 gallons of sound science and adequate financial oil into the frozen river. guarantees. So far that hasn’t occurred. Unlimited is a statewide grassroots Clean, Clear, Cold. We TU members I’m confident that Montana TU’s organization comprised of 13 chapters use these words often in our efforts to keep capable staff, local partners and volunteers and approximately 3,900 TU members. our rivers, lakes and riparian areas pristine in chapters across the state, especially the for watershed health and our native Missouri River Fly Fishers and Pat Barnes- fishes and wild trout. With increased oil Missouri River TU Chapter, will ensure the www.montanatu.org transport across Montana and two recent Smith, Yellowstone and other vital waters oil pipeline breaks that have, and likely remain clean, clear and cold for future will, continue to affect native species such generations. Thanks for supporting their as the endangered pallid sturgeon, our efforts. TROUT LINE is published quarterly work to keep Montana waters clean, clear, by Montana Trout Unlimited. and cold is more important than ever. EDITING AND DESIGN......BRUCE FARLING & KATE GRANT LEGISLATURE, from page 1 Montana TU staff and volunteers Legislature created the commission, which are working to pass additional measures, Printed on recycled paper using eco-friendly inks. includes state lawmakers, to negotiate including bills that fund FWP programs these deals. In first House committee. such as the Future Fisheries Improvement © 2015 Montana Council of Trout Unlimited. Program, or, state funded projects to Bills we opposed and helped kill address river problems, such as a grant to help fix the dangerous diversion structure HB 171 – Rep. Doc Moore (R-Missoula). near Woodside on the Bitterroot River. Would have made anglers felons when A number of bills affecting water quality they cross any railroad tracks. rules as well as one that might improve HB 149 – Mike Cuffe (R-Eureka). state regulation of tailings dams at mine Sponsored on behalf of one individual, sites are still in the works. Confirmation of this bill would have automatically allowed new or current FWP Commissioners and large fishing derbies on wild trout rivers members of the board for state parks is and streams. also pending. Stay tuned. SB 203 – Sen. Brad Hamlett (D-Cascade). Check montanatu.org for updates, as This measure would have heavy- well as information on how to contact handedly permitted unreasonable use of your House and Senate members. unregulated exempt wells. SB 362 – Sen. Brad Hamlett (D-Cascade). Montana TU plates are available at Would have created an appeals court for your county motor vehicle office. the water court, further gumming up statewide water adjudication. Currently appeals go to the Montana Supreme Court. HB 182 – Rep. Forest Mandeville (R– Columbus). Required zoning before land uses could be regulated, limiting the use of local regulations to protect streams. 2 Winter 2015 COUNCIL Goodbye, Friends MONTANA OF hough Montana TU’s mission focuses on fish and what they need, our organization runs on people, and awfully good people at that. We were reminded of that again TROUT UNLIMITED Trecently when we lost two very good friends. Carolyn Laws-Roos In late November OFFICERS passed away February Gary Nelson, the 10 at her home in the founding and only CHRIS SCHUSTROM, CHAIRMAN Blackfoot Valley after a chairman of the Whitefish two-year battle with an Jefferson River 862-3440 [email protected] aggressive form of brain Gary Nelson courtesy Dusan Smetana Watershed Council, cancer. Carolyn was a passed on from complications brought on by SHARON SWEENEY FEE, dedicated and revered a stroke. He was 69. A Whitehall native, Gary VICE CHAIRWOMAN board member of the eschewed out-of-state careers in engineering Livingston Carolyn Laws-Roos Big Blackfoot Chapter and teaching and returned to the family 579-7735 [email protected] of TU. She was the consummate volunteer. ranch in the late 1970s. His leadership of If it needed to be done, she did it and she the watershed group was pivotal in building BRIAN NEILSEN, TREASURER did it well. Carolyn worked closely with her bridges between anglers and irrigators. His Great Falls husband Paul Roos, a long-time TU stalwart, fingerprints are on the improvements we have 240-3715 on various initiatives aimed at making the seen in the Jefferson River’s fishery in recent [email protected] upper Blackfoot community, both civic and years. He was an uncommon Montanan and a LYLE COURTNAGE, SECRETARY natural, a better place for all of us. She will be good friend of TU. sorely missed. Billings 671-0572 [email protected] BONDING, from page 1 DAN SHORT, NLC DIRECTOR At the prodding of industry and DEQ, Kalispell the Senate Natural Resources Committee 257-0069 rejected SB 218 10-2.