MONTANA ASSOCIATION OF CONSERVATION DISTRICTS NEWS FROM THE FRONT 2013 EDITION. Friday 22nd February 2013

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1 MONTANA ASSOCIATION OF CONSERVATION DISTRICTS NEWS FROM THE FRONT 2013 EDITION Friday 22nd February 2013 Mile High Conservation District Supervisor John Moodry testifies in support of SB 301 in front of the Senate Agricultural Committee on Tuesday, 19 th February The seventh week of the 63 rd Montana Legislative Session ended today. The total number of Introduced Bills is 991. The total number of Introduced and Unintroduced Bills is Today is day 40 of the session. Transmittal deadline is Thursday, the 28th, the 45th day of

2 the session. There are 5 non-revenue bills scheduled for hearing next week on Monday. The rest of the week will be floor sessions. At sometime on Thursday the legislators will begin a three day break. There are many tensions and everyone needs a break. 2. I hope some of your hands are sore from writing in long hand thank you post cards to the women and men that considered your proposals and voted in good faith to give you dollars to get the work done. These efforts are tedious but really do pay off. 3. There has been no action on HB 6 and HB SB 217 passed the full Senate on a 49-0 vote. It now moves to the House for consideration. Here is what I wrote previously about this bill: MACD testified in front of the Senate Natural Resources Committee in support of SB217 to revise laws governing watershed protection. Pls see the link below for details in the bill. This bill encourages the federal government to work with local people concerning the management of watersheds around towns and cities that rely on those watersheds for clean water. We were joined by many of our partners in the agricultural community as supporters. See Current Bill Text: HTML PDF. 5. SB 278 passed the full Senate on a 47-2 vote. It now moves to the House for consideration. Here is what I previously wrote about this bill: MACD testified as a proponent of SB 278 Current Bill Text: HTML PDF This bill is the CMR water rights compact legislation. At the request of Garfield County Conservation District, MACD represented the District and also testified for them in support of this bill. The Reserved Water rights Compact Commission worked with citizens and community groups in the six-county area surrounding the CMR to come up with a water rights compact that will satisfy the USFWS claims to federal reserved water rights. As we read it, it is not perfect. However, it took a while to hammer this out and the compact helps protect existing rights of state based users and the opportunities for future water development in the area. 6. SB 237 no net gain of state owned land passed out of committee and will be heard on the floor of the Senate soon. 7. Senator Verdell Jackson introduced a resolution that addresses Conservation Districts. LC2026 encourages us to disseminate information about voluntary streamside best management practices. Here is the text: A JOINT RESOLUTION OF THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA ENCOURAGING THE DISSEMINATION OF INFORMATION BY CONSERVATION DISTRICTS ON THE USE OF VOLUNTARY STREAMSIDE BEST MANAGEMENT PRACTICES. WHEREAS, the legislature, mindful of its obligations under Article II, sections 3 and 29, and Article IX, section 1, of the Montana Constitution, has enacted Title 76, chapter 15, MCA, regarding conservation districts; and

3 WHEREAS, it is the intent of the conservation district laws to assist property owners in protecting Montana's streams from water pollution, to provide conservation districts with the necessary powers to protect local rivers and streams, and to ensure that the property rights of property owners are protected while serving this public need; and WHEREAS, watersheds of Montana provide an irreplaceable supply of clean water for domestic use, agriculture, recreation, and industry; and WHEREAS, riparian lands are some of the most valuable, productive, and critical to private landowners and government entities; and WHEREAS, private landowners and government landowners are interested in managing their assets with an eye toward keeping their land healthy; and WHEREAS, the use of voluntary streamside best management practices may offer a range of benefits in relation to water quality, sustained production, long-term employment opportunities, and resource conservation; and WHEREAS, Montana citizens and landowners should be informed on the use of voluntary streamside best management practices to achieve water quality and private property protection in Montana. NOW, THEREFORE, BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA: That the Legislature declares that in order to promote the health and welfare of our people, control erosion and pollution in our streams and rivers, and protect private property, it is necessary to inform Montana's citizens and property owners of voluntary streamside best management practices at the local level through Montana's conservation districts. BE IT FURTHER RESOLVED, that the Legislature encourages conservation districts across Montana to be proactive and diligent in informing and disseminating information regarding voluntary streamside best management practices. This resolution will be heard late Friday afternoon. 8. HB 396 passed out of committee and will be heard on the floor of the House soon. HISTORY: On Thursday MACD testified in support of Representative Mike Lang s bison transfer bill. Representative Lang is a former Conservation District Supervisor from Phillips Conservation District. HB 396 requires local input and concurrence into the decision to locate wild huntable bison into a particular county. Yellowstone Conservation District voted to support this bill and passed this information to the Committee members. See Current Bill Text: HTML PDF. I was called to the podium twice to answer questions about my testimony once regarding the types of noxious weeds that bison could transport, and once to respond to the question about other animals transporting noxious weeds. There were many county commissioners present who testified in support of this bill. There were many tribal representatives and environmental groups, as well, as Montana Fish, Wildlife and Parks, that testified against this bill. 9. SB 334, or LC 1676 Current Bill Text: HTML PDF was heard in front of the Senate Agriculture Committee on Thursday afternoon. The bill was tabled. HISTORY: This is

4 a draft bill that will attempt to define perennial streams for the streambed preservation act. Don MacIntyre has reviewed the current content of the draft bill and thinks that it will help Conservation Districts carry out their work, but we are seeking an amendment in the language. MACD is working on getting the amendment into the bill. This is an important bill for the Districts. 10. There is a draft bill that tries to outline the process for the State of Montana to develop a sage-grouse plan to set the direction for Montana to address sage-grouse conservation. As I understand it, the bill will establish a committee to oversee the planning process. There will be a slot on the committee for a Conservation District representative. Assuming that the bill will pass, if you are interested in serving on this committee I ask that you drop me a note and I will take it to the MACD Board of Directors. 11. HB 338 was heard in House Joint Select Committee on Pensions on 21 st February. The State of Montana has a serious pension problem for their retirees and something has to be done about it. This bill proposes one solution. MACD testified as an opponent to this bill, as did numerous other entities. There were no supporters. Our position was that we cannot afford to have our budgets lessened by more than $500,000 as proposed in this bill, as this would damage our ability to help land owners keep their lands productive and conserved. Productive land contribute to the tax base allowing government programs to be funded. This is the classic Golden Goose issue that we often use in testimony. 12. SB 301 passed out of committee and should be debated on the floor within one week. HISTORY: On Tuesday, February 19, Senate Bill 301 to redefine and simplify the noncompliance portion of the county weed act was heard in the Senate Ag Committee with Chair Taylor Brown. When the bill was amended to take out all civil fines, the support for the bill was overwhelming. MT Conservation Districts, BNSF Railroad, Farm Bureau, MT Association of Counties, Stockgrowers, Graingrowers, MT Dept of Agriculture, Representative Ray Shaw and members of the MT Weed Control Association testified as proponents of the bill. There were no opponents. The committee took executive action after testimony and all votes were yes and there were no questions. It now goes to the senate floor, possibly as early as this week where Shelby tells me because of transmittal deadlines and because it had no problems sailing through the committee, it should easily pass on the Senate floor. 13. Click here to see the blueprint that Governor Bullock has prepared to address Aquatic Invasive Species (AIS): AIS Blue Print. We will likely see some sort of legislation that addresses this issue before the Session is over.

5 14. Do you need information on where to find out details about bills? Click here to get started: Preference Account Login (login to an already established preference account) Once you are on this page, the secret codes are MACD2013 for both boxes. At the next page click conservation districts for the most current list. You need to spend a little time on this page to get familiar with all the features. This list is subject to change and you can see the list below, current as of Friday at 8:00 AM. 15. Contact me at anytime with comments, suggestions, ideas, and concerns. I work for you, and you should not hesitate to let me know about the issues that will affect producers across the state. Jeffrey Tiberi Executive Director Montana Association of Conservation Districts Bills Currently in 'Conservation Districts' List LC Number LC0081 LC0343 LC0473 LC0571 LC0573 LC0617 LC0623 LC0770 Bill Type- Number Short Title Generally revising management of wild buffalo and wild bison Generally revise water use laws Generally revise laws related to the beneficial use of water Provide funding for regional water projects Revise distribution of oil, coal, and mineral revenues from state lands Generally revise laws related to state land oil and gas leases and royalties Generally revise fish and wildlife laws Temporarily cap the coal tax fund and divert funding to tongue river

6 highway LC0800 LC0838 LC0839 LC0957 LC0960 LC0988 LC0993 LC1031 LC1204 LC1205 LC1206 LC1221 LC1243 LC1334 LC1359 LC1520 LC1614 LC1622 LC1626 LC1668 Revise laws regarding notification of zoning changes and water rights Revise stream access laws related to codifying the Galt court decision Provide statutory definition of an irrigation ditch Provide funding for water planning Classify all bison as livestock Establish an oil and gas trust fund Generally revise oil and gas leasing laws Generally revise stream access laws Revise aquatic invasive species laws Revise invasive species funding laws Revise invasive species management coordination laws Establish an oil and gas trust fund Revise aquatic invasive species laws Revise aquatic invasive species laws Establish an oil and gas constitutional trust fund Study water policy to put more water to beneficial use Revise allocation of oil and gas revenue Study on watershed management and enforcement Revise laws related to management of sage grouse Revise laws related to the fish, wildlife, and parks commission

7 LC1676 LC2026 Define perennial streams for streambed preservation act Resolution to encourage voluntary streamside best management practices LC0099 HB 6 Renewable resource grants LC0100 HB 7 Reclamation and development grants LC0101 HB 8 Renewable resource bonds and loans LC0104 HB 11 Treasure state endowment program LC0271 HB 37 Allow temporary leasing of water rights LC0274 HB 106 Generally revise water use laws LC0267 HB 128 Provide authority to expend water rights enforcement penalties LC1034 HB 149 Revise ditch easement laws LC0725 HB 160 Require that aquatic invasive programs be funded by state general fund LC0769 HB 218 Require Board of Oil and Gas to administer grant program for oil and gas impacts LC1730 HB 246 Revise conservation easement laws LC1105 HB 249 Revising laws related to presence of bison/buffalo on private property LC1741 HB 266 Fund partial implementation of big pipestone creek restoration plan projects LC1581 HB 298 Study relations between the Dept, of Fish, Wildlife, and Parks and landowners LC0655 HB 338 Provide funding for pension debts, all new hires to DC plan LC1391 HB 381 Revise fines for lakeshore protection violations LC1600 HB 396 Revise laws regarding translocation of wild buffalo/bison

8 LC0626 HJ 7 Joint resolution to initiate legal action for damages to state waters LC0354 SB 18 Clarify taxation and ownership of river channel following an avulsion LC0355 SB 19 Define combined appropriation for exempt wells LC0356 SB 38 Establish stream depletion zones for exempt wells LC0268 SB 48 Establish regional water system rate process LC0276 SB 70 Eliminate dual regulation of certain refinery underground piping LC0275 SB 76 Require permits for cooling water intake structures LC0269 SB 88 Provide for the Upper Missouri Breaks National Monument Water Compact LC0277 SB 92 Revise strip and underground mining laws LC0638 SB % new resource development revenue to fund education LC1739 SB 144 Generally revise noxious weed trust fund laws LC0423 SB 155 Require EIS for FWP land acquisition LC1607 SB 217 Revise laws governing watershed protection LC0916 SB 233 Clarifying DNRC enforcement of interference with prior water right LC2124 SB 236 Increase coal board funding until June 30, 2019 LC1693 SB 237 Require land board approval of land purchases LC1654 SB 278 Ratify C.M. Russell National Wildlife Refuge water compact LC1315 SB 301 Revise noxious weed laws LC0155 SB 305 Generally revise laws governing bison management in Montana

9 House Bill Grant Applications by Order of Ranking Recommendation The numbers represent where the project was ranked by DNRC. The first 68 projects were in the Governor s budget proposal and were approved by the House Appropriations Committee. Conservation Districts had 9 of those 68. The projects in green were added in by the Legislature during committee hearings, were also approved by the House Appropriations Committee, and remain in the bill as of this writing. The projects in red were not funded by the Governor nor the Legislature. 1 Deer Lodge Valley Conservation District Racetrack Water Users Association: Water Efficiency and Energy Conservation, Phase 1 $100,000 6 Beaverhead Conservation District Swamp Creek Siphon Project $100, Sweet Grass County Conservation District Pioneer Ditch Company Irrigation Diversion Rehabilitation $100, Deer Lodge Valley Conservation District Kohrs and Manning Ditch Company Infrastructure Improvements $100, Gallatin Conservation District Darlington Creek Enhancement at Cobblestone Fishing Access $100, Missoula Conservation District Orchard Homes Ditch Company Intake Improvements $100, Pondera County Conservation District Pondera County Canal and Reservoir Company KB2 Canal Rehabilitation $100, Sweet Grass County Conservation District Big Timber Creek Channel Stabilization, Phase 2 $100, Garfield County Conservation District CMR Range Monitoring Pilot $99, Jefferson Valley Conservation District Jefferson Canal Headgate Improvements $100, Carbon Conservation District Planning Tools for Developing and Managing Water Resources in Carbon County, Phase 2: Groundwater and Surface Water Interaction in the Rock Creek Watershed $100, Big Horn Conservation District Evaluating the Influence of Irrigation on Groundwater

10 Quality and Quantity in Northern Big Horn County $100, Lower Musselshell Conservation District East Brewer Irrigation Check Structure Rehabilitation and Southside Canal Lining $100, Stillwater Conservation District Assessing the Groundwater Resources of the Bedrock Aquifers in Stillwater County $100, Broadwater Conservation District Big Springs Ditch Water Conservation and Spawning Bed $100,000 The projects listed below did not meet DNRC eligibility criteria. Glacier County Conservation District Sullivan Bridge Road Stabilization $0 Petroleum County Conservation District Horse Creek Coulee Water Storage $0 Ruby Valley Conservation District Big Sky Watershed Corps $0 Yellowstone Conservation District Cove Irrigation District-Flume Improvement $0