Blodgett Creek at heart of water rights dispute- Dennis Bragg photo(HAMILTON)- A move by the U.S. Forest Service to secure water rights to protect fish in Bitterroot streams is setting off new alarm bells in Ravalli County.
The Forest Service is starting to claim water rights on the streams feeding out of the Bitterroot Mountains in a move to protect endangered species like native cutthroat and bull trout. The move is allowed under a water compact with the state approved 5-years ago.
However, filing water rights on Blodgett Creek outside Hamilton has suddenly put the issue square on the radar of Ravalli County commissioners. And Friday morning Bitterroot National Forest managers faced not only the upset commissioners, but a roomful of angry people.
The Forest Service tried to explain the new water right would have an effective date far behind historical rights in the valley.
"We are over a hundred years junior to every single right in Blodgett Creek. And it's non-diversionary. It never leaves the stream," explained Jed Simon of the Forest Service's Region 10 Headquarters.
But county commissioners, along with the ranchers and property owners, disputed the agency's data being used to claim the water, accusing the agency of trying to secure water "that isn't there" on the small streams, at a time when the Bitterroot basin remains closed to further water claims.
Bitterroot National Forest Supervisor Julie King said the move is only to protect the future fisheries, pointing out that was one of the objectives of Ravalli County's recently enacted Natural Resources Policy.
"I don't have an ulterior motive with it. This obviously started long before I got here. Honestly I don't know of any ulterior motive for this, other than for fish."
Commissioners feel the Forest Service should do more to stop fires and allow backcountry dams to be easily maintained if the objective is saving fish.
"First thing should have been the watershed. Second thing should have been to expand the water reservoir up there for the water to be able to run year 'round for the fish. I just don't like this whole process," complained Commissioner Ron Stoltz.
"You don't get it, it appears to me, on one side without getting the responsibility on the other side to maintain that same thing that you're saying you're taking. Especially if it's more water than actually flows in the stream at any time during the year," said Commissioner J.R. Iman.
Commissioners set a hearing for February 20th to take more public input and decide whether to formally oppose the Forest Service's application.