mt judicial branch · 2015-05-05 · minutes montana senate 53rd legislature - regular session...

MINUTES

MONTANA SENATE 53rd LEGISLATURE - REGULAR SESSION

COKKITTEE ON NATURAL RESOURCES

Call to order: By Chair Bianchi, on March 8, 1993, at 3:15 p.m.

ROLL CALL

MeJIll)ers Present: Sen. Don Bianchi, Chair (D) Sen. Bob Hockett, Vice Chair (D) Sen. Sue Bartlett (D) Sen. Steve Doherty (D) Sen. Tom Keating (R) Sen. Ed Kennedy (D) Sen. Bernie Swift (R) Sen. Chuck Swysgood (R) Sen. Henry McClernan (D) Sen. Larry Tveit (R) Sen. Jeff Weldon (D)

Members Excused: Sen. Lorents Grosfield (R) Sen. Cecil Weeding (D)

XeJIll)ers Absent: None.

Staff Present: Paul Sihler, Environmental Quality Council Leanne Kurtz, Committee Secretary

Please Note: These are summary minutes. Testimony and discussion are paraphrased and condensed.

Committee Business Summary: Hearing: HB 30, HB 150, HB 417

Executive Action: None.

HEARING ON HB 30

openinq Statement by sponsor:

Representative Jerry Driscoll, HO 92, said HB 30 is the result of the 1991 session's study resolution requesting the Environmental Quality Council (EQC) to examine lakeshore development. He handed out copies of newspaper clippings, press releases and memoranda discussing the public hearings and the study (Exhibits #1 and #2). Rep. Driscoll stated that currently a permit is needed to build within 20 feet of the high water mark. New section 9 of HB 30 changes the 20 foot restriction to 50 feet. He said building could still occur in the area, but it must be "feasible with the lake." Rep. Driscoll stated HB 30 creates a

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SENATE NATURAL RESOURCES COMMITTEE March 8, 1993

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lakeshore advisory committee and makes violation of the regulations a civil penalty. He discussed causes of lakeshore pollution and said in some cases the 50 foot limit is needed, while 30 feet may be enough in other areas. Rep. Driscoll stated local governments should be given the latitude to regulate as they see necessary.

The final EQC report on the lakeshore development study was given to the Committee members (Exhibit #3).

Proponents' Testimony:

Jack Stanford, director of the Flathead Lake Biological Station, submitted written testimony and discussed the graphs attached to his testimony (Exhibit #4).

Jerry Sorenson, Lake County Planner and member of the Flathead Basin Commission, read from written testimony (Exhibit #5), and said HB 30 would allow local governments to work with landowners.

Stan Bradshaw, Montana Trout Unlimited, said the 50 foot restriction will allow the natural lakeshore vegetation to act as a more effective filter to protect water quality. He stated 50 feet may not be enough in some cases, and thinks it is a fairly conservative change from current law.

Dick Wollin, president, Flathead Lakers Board of Directors, read from written testimony and discussed the attachments addressing lake stewardship (Exhibit #6).

Sanna Kiesling, Helena resident, said her family has owned property on Lindbergh Lake for about 35 years. She said she does not believe HB 30 would violate any property rights, and thinks property owners should have the chance to work with local governments to ensure construction does not damage the lake.

Janet Ellis, Montana Audubon Legislative Fund, said her organization preferred HB 30 in its original form, before the House amended it. She stated in most Pacific Northwest states, 50 feet is a minimum buffer strip to protect water quality.

Brian McNitt, Montana Environmental Information Center (MEIC), said MEIC also preferred HB 30 in its original form. He said the lakes and resources associated with them belong to everyone in the state.

Joseph Bibey, Flathead Lake resident and former University of Montana biology instructor, discussed the effects of population growth and development around the lake. He mentioned lake protection programs in other states.

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opponents' Testimony:


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Ron Clark, Flathead Lake property owner, said when HB 30 was introduced in the House, he helped gather letters and signatures from approximately 450 people in the Flathead Lake area opposing the bill. Mr. Clark discussed his land and home on Flathead Lake, noting he does not think the water quality has deteriorated in the 9 years he has been there. He said the 46 pages of Flathead County regulations are too long and complicated. He said water quality in the lake is important to everyone, but local governments are difficult to deal with.

Representative Bill Wiseman, Great Falls, said he is a property owner on Flathead Lake. He said the 20 foot limit has been a major obstacle. He commented on HJR 17, the bill that directed the study, and stated the study itself contains no scientific data. Rep. Wiseman said EQC simply sent surveys to 220 people asking how they feel about water quality in Montana lakes. He said the 1975 law directs every county to set up control zones around all the lakes in Montana, and only Flathead and Lake Counties have complied because it is too expensive. He distributed the Flathead Basin Commission report (Exhibit #7) and directed the Committee to the highlighted material on pages 46 through 48 and the conclusions on page 61. Representative Wiseman said increasing the control zone from 20 to 50 feet is "loading on to the counties the job of enforcing the rules and regulations around Flathead Lake." He said page 10 of HJR 17 states that from 25% to 33% of the cost of administering the 20 foot zone is collected from fees, the rest comes from Flathead and Lake county taxpayers. He recommended the Committee strike the statement of intent as well as anything addressing allowing a local government to raise setback fees.

Senator John Brenden, SD 10, said he has been a seasonal resident at Ashley Lake since 1949. He discussed efforts by residents of Ashley Lake to govern and regulate themselves through the Ashley Lake Homeowners Association. Senator Brenden said he does not want local governments controlling the property owners.

Russell Ritter, Flathead County property owner, said he agrees that Flathead Lake belongs to everyone, but contends that land owners take better care of the lake than the general public.

Roger Somerville, landowner on Flathead Lake, said he opposes the setback from 20 feet to 50 feet, as 20 feet is adequate to protect the lake. He added the water quality of the lake is being degraded by pollutants in rivers and streams that feed into the lake, as well as uncontrolled septic and sewage systems. He said HB 30 will place an undue hardship on the landowners, and create more governmental red tape.

Tom Hopgood, Montana Association of Realtors, stated HB 30 as amended is better than the original bill. He suggested the Committee add language stating that "the local regUlations

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enacted pursuant to this statute shall allow variances •.• "

Nancy Griffin, Montana Building Industry Association, said HB 30 encroaches on the rights of property owners and would render several narrow lots "unbuildable".

Questions From committee Members and Responses:

Senator Doherty asked Dr. Stanford if there is valid scientific reason for local governments to enforce the 50 foot limit. Dr. Stanford said the shoreline is not the major source of pollution in the lake, but added there are numerous areas of septic breakout at specific points along the shore. He stated he can demonstrate quantitative impact on localized areas where the water is shallow. Dr. Stanford stated that shoreline residents have been responsible in correcting problems.

Senator Kennedy asked if present regulations control new construction of sewage systems. Jerry Sorenson said HB 30 would not affect that, as every new system is reviewed and controlled. Senator Kennedy asked how HB 30 will correct sewage-related problems. Dr. Stanford said the intent of HB 30 is to develop a management zone so all activities around the lake can be examined. He said it is important that vegetation and soil be left in place to filter the harmful nutrients and prevent them from getting to the lake. Senator Kennedy and Dr. Stanford discussed Ashley Creek, which has been the source of about 20% of the problem in Flathead Lake. He commended the efforts of Kalispell citizens in their efforts to correct the problems with Ashley Creek.

Senator McClernan said the setback distance should depend on the geology of the specific sites. Dr. Stanford agreed that the type of soil and degree of slope is variable.

Senator Hockett asked if sewage and septic systems presented more of a problem than the setback distance. Dr. stanford stated he has explored the possibility of "sewering" the entire lake and treating it, but that would create the possibility of urban development all around the lake. He stated it is better to work locally to try to maintain space on the shoreline.

Senator Hockett asked how the setback will help stop algal growth which can lead to swimmers itch. Dr. Stanford stated HB 30 would enhance the management within the setback zone.

Closing by Sponsor:

Representative Driscoll said HB 30 does not restrict color of paint or reflective material on a house. He said that is a subdivision issue, and concerned people should contact their local planner. He said new developments cannot be located within

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50 feet an existing house, and added that existing structures will not have to be moved or torn down. In response to Representative Wiseman's criticism of the EQC study, Representative Driscoll stated numerous science-based water quality studies had already been conducted.

HEARING ON HB 150

Opening statement by sponsor:

Representative Tim Sayles, HD 61, said HB 150 was introduced at the request of the Department of State Lands. He said there have been problems with "checkerboarding"· of various fire protection districts. He stated HB 150 is an attempt to allow districts to annex in or resolve from neighboring districts. He said DSL administration of the fire protection districts would be improved and simplified.


Jim Green, DSL Fire Program Manager for central Montana, said the 1991 Legislature asked DSL to introduce legislation allowing dissolution of forest fire districts in the same manner that they are formed, and to allow annexing into existing districts. Mr. Green said HB 150 would give landowners another option to get forest fire protection.

Opponents' Testimony:

None.


Senator Bianchi asked Rep. Sayles what the opponent's problem was in the House. Rep. Sayles stated the opponent's concern related to Subsection (b), and that has been addressed.

closing by Sponsor:

Representative sayles stated HB 150 is a housekeeping bill and urged the Committee to concur.

HEARING ON HB 417

Opening statement by Sponsor:

Representative Rolph Tunby, said SB 417 provides for penalties

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for underground storage tank violations, freeing the Department of Health and Environmental Sciences (DHES) from having to go to court to correct the violations. He described a violation that occurred in his district in which a service station owner resisted placing a leak detector on his tank. DHES wrote several letters to the owner informing him of the violation, but he did not respond and the tank leaked. Rep. Tunby said DHES does not have the money or the full time employees (FTEs) to ensure that every violation is remedied. He said HB 417 would allow DHES to apply more pressure to underground storage tank owners. Rep. Tunby stated HB 417 would not place an undue burden on tank owners, and those who comply with the regulations may receive a return on part of the administrative penalty that had been assessed by DHES.


Cassandra Noble, DHES attorney, said DHES's underground storage tank (UST) program is responsible for regulation of over 21,000 UST systems. She said gasoline contains 1% benzene, a known carcinogen and one gallon of gasoline will contaminate one million gallons of water. Ms. Noble stated between 20% and 25% of Montana's UST facilities (4,200 to 5,300 tanks) are not in compliance with the current regulations. She said state rules require that existing UST systems implement leak detection monitors by no later that December 1993. Ms. Noble said additional requirements will increase the level of noncompliance because of the financial and operational burdens. She added petroleum moves in the ground and cleanup of spills costs is expensive to the state of Montana. Ms. Noble said noncompliant tank owners "are not criminals" and DHES does not want to put them out of business. She added most noncompliant owners will come around "if they are nudged into compliance by some kind of reasonable enforcement measures". Ms. Noble said DHES's existing enforcement mechanisms are not realistic because they are slow and labor intensive. The Department's UST administrative orders have no penalties attached to them. The UST program currently can seek a lawsuit in district court, but they are costly to the department and usually result in a large penalty being assessed to the tank owner. Ms. Noble added the penalty associated with HB 417 would be relatively low, an owner would be given time to correct the problem, and may not have to pay the full amount. She said nobody would be cited without warning and advice on how to rectify the problem, adding that broad compliance, not collecting penalty money, is the department's goal.

Mark Daspit, Montana Audubon Legislative Fund, expressed support of HB 417.

Elizabeth Heimlich, Montana Environmental Information Center, said HB 417 would protect the environment by allowing DHES to respond more efficiently to violations.

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Sen. Doherty said the Montana Petroleum Marketer's Association wish to be on record in support of SB 417 as amended.

opponents' Testimony:

Lorna Frank, Montana Farm Bureau, said DHES should provide informational and educational programs rather than prosecuting owners who are noncompliant. She said HB 417 as amended is an improvement over its original form. Ms. Frank said her organization was concerned with the high penalty fees in the original bill.


Sen. Hockett asked John Geach, DHES UST program, if tanks must be registered before they can be filled, forcing compliance with regulations. Mr. Geach said that requirement has been an effective tool in compelling owners to comply with registration regulations, but some people have been paying the registration fee without following through with installing leak detection systems.

Sen. Bartlett asked if HB 417 establishes fees or if it is designed to allow DHES to determine a fee schedule. Ms •. Noble stated HB 417 caps the administrative penalty at $500. Sen. Bartlett asked if the intent of HB 4-17 will be accomplished if the penalty money goes into the state's general fund. Ms. Noble said DHES may use funds from an existing special revenue account to administer the program.

Sen. Weldon asked Ms. Noble if DHES intends to work with tank owners before assessing a penalty for a violation. Ms. Noble said DHES has always believed that it should explain to tank owners correct methods of operation. She said DHES would not administer penalties unless all other avenues had failed.

Sen. Hockett and Mr. Geach discussed different leak detection options.

Closing by Sponsor:

Rep. Tunby closed.

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Adjournment: 5:00 p.m.

DB/lk


of 8

ADJOURNMENT

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ROLL CALL

SENATE COMMITTEE ;jL1T/]j@L ~lA.((..L£5, DATE -*-NAME PRESEJiT ABSENT· EXCUSED

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F08 Attach to each day's minutes

:ENATE NATURAL RESOURCES XHIBIT NO. I ! :

lATE ?/cp. ; . I rt ILL NO. 12 X?

PAGE 2 Marc Wllson ••••• Edltor & Publi Virginia Wllson_.Assoclate E LD. Gross ••• _Assoclate Pub!: Lou Ann Balrd ___ .Offlce Mar. William Slmonsen ___ •• _.Rep. Tracy Robert80n __ •• __ ._ ••• Pr' Debbie Fulford_. ____ .Types£

Phone (406) 837-5131 P.O. Box 406, Bigfork, MT 51; Second class permit No. 533-

Setback bill good for Flathead Lake The Montana House of Representatives did all of us

who love Flathead Lake a favor'Saturday by giving preliminary approval to a bill that would allow counties to regulate lakeshore development. Currently counties may adopt regulations on lakeshore

development within 20 feet of the lake. That's obviously not much protection. Many states have special regula~ons that require pennits for any work within 200 feet of a lake, so 50 feet is really a moderate restriction. : The bill, House Bill 30, is alocal option proposal that would enable counties to adopt regulations, which primarily would control excavating near the shoreline. : One of the bill's primary aims is to protect Flathead Lake, which has shown signs of eutrophication, or aging. ' " "We have one of the most priceless jewels in America -: Flathead Lake," said Rep. Francis Bardanouve, D'Harlem, dean of the Montana Legislature. ": Lake County residents, led by the Flathead Lakers and Lake County land use planner Jerry Sorensen, worked

, on and for the bill. The Flathead Basin Commission has endorsed the bill. The bill was submitted to the Legislature at the request of the Environment Quality Council. We're proud to note that our local representative to the

Montana House, Ray Brandewie, voted for the bill. Much of the opposition came from the misguided Flathead County delegation. Opponents said some property

, owners were fearful of new restrictions. We understand the fear of increased government

regUlation. But our much greater fear is the further . degradation of Flathead Lake by unencumbered development. The bill does not prohibit development within 50 feet of the

shoreline, it merely allows for regulation of what happens so close to the lake.

We hope the House and Senate both pass the bill, and that Gov. Marc Racicot signs it into law. The law is needed to help protect Flathead Lake.

Spru:

It's almost imr track of likely sta

, the possible tax c( the hubbub of COl

pronouncements estimates.

The numbers a

4A - Lake County Leader Thursday. January 21.1993

PINION 1,[ !\

EDITORIAL . I

I ~~~t:si~:e~:~~i~ s th:~£th!:~~C~:b~ ~~ lature may shape up to be as critical for from the current 20 feet back from the lake Flathead Lake as it is for the state's economy. . 50 feet back. The bill has been amendeR

Lawmakers took up their task just as a reflect differing needs through a local-ora report on water quality monitoring docu- clause. It comes up fora House floor vote tl mented what researchers have long contended: week ' .., ;I Flathead's pristin~ status is being eroded by W~'dalsoliketoseestate~~dlocalgovit eutrophic'ation, the accumulation of polluting ments be creative in finding funding sourc, nutrients that can deplete the supply of dis- ~o help carry on critical ~aterquality monl'~ solved oxygen. The trend has'only been iden- . mg. . tified in the Big Arm area so far, but it's How about a boost in septic system pem probably occurring elsewhere in the lake, too. fee~, earmarking the new money for resel'

Flathead, the largest freshwater lake west ThIS could offset the gradual loss of <.

of the Mississippi River, is also one of the funds from passage of 1-105 several yea clearest big lakes in the world. Its beauty .. ago. If Lake County starts contributing t~1i draws hundreds of thou sands of admirers each monitoring cause again, we hope the Tnt year. Many of them decide to stay here, mak- will follow suit, continuing past cooperattv ing this area's annual growth rate about 10 efforts. . times that of Montana overall. The tourism industry should be tapped, I

Those who live around the lake may inad- through local-option taxes or redirecting som vertently contribute to its decline with 'septic of the state's Glacier Country tourism prol systems, industrial activities and even ash tion funding. It makes no sense to boo from wood stoves. Growth isn't likely to slow scenic attraction without involving everyon down anytime soon, so steps must be taken who treasures it in th~ preservation effort.,;, now. to preserve the lake for everyone to . enjoy. With the role Flathead Lake plays I

One step legislators can take right away is Montana's economy, we think guardingi: supporting House Bill 30, which expands healthshouldbeapriorityforanyonetryinfj( lakeshore management areas. HB 30 more . solve the overall budget puzzle.

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.,.

GOV. STAN STEPHENS Designated Representative Art Wittich

To:

From:

RE:

STATE OF MONTANA ENVIRONMENTAL QUALITY COUNCIL

STATE CAPITOL HELENA, MONTANA 59620

(406) 444-3742

Deborah B. Schmidt, Executive Director

HOUSE MEMBERS Jerry Driscoll, Chairman Ed Grady David Hoffman Bob Raney

SENATE MEMBERS Jerry Noble, Vice Chairman Steve Doherty Dave Rye Bill Yellowtail

January 13, 1993

Representative Jerry Driscoll, Chairman

Paul Sihler, EQC Staff i?~ Public Participation in HJR 17 Study

PUBLIC MEMBERS Doug Crandall John Fitzpatrick Mona Jamison Helan Waller

This memo is in response to your request for a summary of how the public contributed to and participated in the Environmental Quality Council's HJR 17 Lakeshore Development study. The study, mandated by the 1991 Legislature through House Joint Resolution 17, requested that the EQC examine "the need for and the nature of uniform state standards regarding the protection and appropriate development of lakeshores." In doing so, the EQC was to consult with "federal, state, tribal and local government officials; industries; citizens; and other persons or groups with expertise in the regulation and development of lakeshores."

Aug. 1991

Sept. 13, 1991

ACTIVITY

Staff travels to Flathead area to meet with Board of Directors of Flathead Lakers, Lake and Flathead County planners, owner of Holland Lake Lodge, Seeley Lake Ranger District (USFS), Rep. Don Larson, and Salish and Kootenai Tribe.

EQC meeting in Helena. Lakeshore study plan adopted that calls for public hearings and surveys. Meeting agenda sent to 289 people on EQC mailing list. Public testimony solicited.

1 SENATE NATURAL RESOURCES

EXHIBIT J~~"b2_ .. --_DATE..3 ~ BilL NO~ I~ fi ~ Q

DATE ACTIVITY

oct. 1991 Local governing body survey mailed to each county in the state to determine which counties have adopted lakeshore regulations and management issues and problems that confront them. 35 counties respond.

Nov. 1, 1991 EQC meeting in Helena. Lakeshore panel with Dick Wollin, President of Flathead Lakers; scott Hollinger, RE/MAX of Bigfork; Forrest Sanderson, Lake Co. Planner; and Loren Bahls, DHES. Meeting agenda sent to 289 people on EQC mailing list. Public testimony soiicited.

Nov. 1991 citizen survey mailed to 220 individuals in Northwestern Montana to identify concerns about lakeshores. Survey list included realtors, chambers of commerce, conservation districts, legislators, and members of the Flathead Lakers.

Feb. 18, 1992 EQC meeting in Helena. Meeting agenda sent to 289 people on EQC mailing list. Public testimony solicited.

Apr. 1, 1992 Lakeshore subcommittee conducts public hearing at 7:30 p.m. in Kalispell. Attended'by 70 people. Announcements sent to 400 people on EQC and lakeshore mailing lists. Press releases sent to: Lake County Leader, Whitefish Pilot, Kalispell News, Bigfork Eagle, Hungry Horse News, CharKoosta News, Daily Interlake, and KOFI and KJRR radio.

Apr. 2, 1992 Lakeshore subcommittee meets in Polson with Mayor of Polson; representatives from Lake County Commission, Polson City Council, and Salish and Kootenai Tribe; Rep. John Mercer; and interested citizens.

Apr. 2, 1992 Lakeshore sUbcommittee conducts public hearing at 7:30 p.m. in Helena. Attended by a dozen people.

Apr. 3, 1992 EQC meeting in Helena. Meeting agenda sent to 289 people on EQC mailing list. Public testimony solicited.

May 4, 1992 Informational mailing on status of study sent to 160 people on lakeshore study mailing list.

2

DATE ACTIVITY

May 14, 1992 EQC tours Lindbergh Lake and meets with representatives of homeowners group.

May 15, 1992 EQC meeting in Bigfork. Focus of meeting is lakeshore study. Meeting agenda sent to 289 people on EQC mailing list and Flathead area newspapers. Public testimony solicited.

Aug. 25, 1992 EQC meeting in Helena. Meeting agenda sent to 289 people on EQC mailing list. Public testimony solicited.

Sept. 1, 1992 EQC mails out summary of draft HJR 17 study recommendations to 160 people on the lakeshore study mailing list for review and comment. 31

. responses received.

Sept. 11, Staff meets with Fish, wildlife, and Park Comm. 1992

Sept. 23, Staff meets with subcommittee of Flathead Basin 1992 Commission in Kalispell.

oct. 6, 1992 EQC meeting in Helena. Meeting agenda sent to 289 people on EQC mailing list. Press release sent to: Lake County Leader, Whitefish pilot, Kalispell News, Bigfork Eagle, Hungry Horse News, Char-Koosta News, Daily Interlake, and KOFI and KJRR radio. EQC reviews and considers responses from September 1st mailing. Public testimony solicited.

Nov. 18-19, 1992 EQC meeting in Helena. Meeting agenda sent to 289

people on EQC mailing list. EQC finalizes HJR 17 lakeshore study recommendations. Public testimony solicited.

In addition, articles on the study periodically have appeared in newspapers around the state, primarily in the Flathead area. Copies of several stories are attached.

Also, the Flathead Lakers newsletter, the Flathead Lake Monitor, carried stories on the status of the HJR 17 study in four out of the five issues published since January 1992. The newsletter has a circulation of 700 people. Copies of two articles are attached.

3

GOv. STAN STEPHENS Designated Representative Art Wittich



(406) 444-3742




PUBUC MEMBERS Doug Crandall John Fitzpatrick Mona Jamison Helen Waller

FOR IHHEDIATE RELEASE MARCH 17, 1992

CONTACT: 'PAUL SIBLER 444~3742

Montana citizens will have an opportunity to express their views to several members of the Environmental Quality Council on how to appropriately protect and develop Montana's lakeshores during public hearings in Kalispell and Helena. The Kalispell hearing will be on Wednesday, April 1, 7:30 p.m., at the Courthouse East conference room 11, 725 Fifth Avenue East. The hearing in Helena will be on Thursday, April 2, 7:30 p.m., in room 104 of the state Capitol Building.

The purpose of the hearings is to solicit public comment on whether current lakeshore regulations achieve a balance between the protection of private property rights and the need to maintain water quality and other attributes of Montana's lakes. The hearings are part of a one and one-half year Environmental Quality Council study of lakeshore development. The Council will present its findings and recommendations to the legislature in January, 1993.

Thirteen Montana citizens make up the bipartisan Environmental Quality council, a committee of the state legislature. Four are state senators; four are state representatives; four are members of the public; and one, a nonvoting member, represents the governor.

III END III

GOV. STAN STEPHENS Designated Representative Art Wittich



(406) 444-3742

Deborah B. Schmidt. Executive Director

HOUSE MEMBERS Jerry Driscoll. Chairmen Ed Grady David Hoffman Bob Ranay

SENATE MEMBERS Jerry Noble. Vice Chairman Steve Doherty Dave Rye Bill Yellowtail

March 17, 1992

Dear Interested Person:

PUBLIC MEMBERS Doug Crandall John Fitzpatrick Mona Jamison Holen Waller

You will have an opportunity to exPress your views 'to several members of the Environmental Quality council on how to appropriately protect and develop Montana's lakeshores during public hearings in Kalispell and Helena. The Kalispell hearing will be on Wednesday, April 1, 7:30 p.m., at the Courthouse East conference room #1, 725 Fifth Avenue East. The hearing in Helena will be on Thursday, April 2, 7:30 p.m., in room 104 of the state Capitol Building.' .

The purpose of the hearings is to solicit public comment on whether current lakeshore regulations achieve a balance between the protection of private property rights and the need to maintain water quality and other attributes of Montana's lakes. The hearings are part of a one and one-half year Environmental Quality Council study of lakeshore development. The Council will present its findings and recommendations to the legislature in January, 1993.

If you would like additional information about the public hearings or have any questions about the EQC's lakeshore development study, please contact Paul Sihler at 444-3742.

GOv. STAN STEPHENS Designated Representative Art Wittich



(406) 444-3742




PUBUC MEMBERS Doug Crandall John Fitzpatrick Mona Jamison Helen Waller

FOR IKKEDIATE RELEASE SEPTEMBER 28, 1992

CONTACT: PAUL SIHLER 444-3742

EQC Lakeshore Development study continues -- The Montana Environmental Quality Council will be meeting on Tuesday, October 6, 1992 in Room 317 of the state Capitol, Helena. The EQC will be considering public comments that have been received on the Council's draft lakeshore legislation, including a proposal to expand the width of the lakeshore protection zone from 20 feet to 50 feet. The EQC will also review comments received on draft options for the abatement of noise from motorboats and jet skis.

The draft legislation and draft noise abatement options are components of a one and one-half year Environmental Quality Council study of lakeshore development. The Council's findings and recommendations will be presented to the legislature in January, 1993.

Thirteen Montana citizens make up the bipartisan Environmental Quality council, a committee of the state legislature. Four are state senators; four are state representatives; four are members of the public; and one, a nonvoting member, represents the governor.

### END ###

KALISPELL WEEKL Y NEWS Ka/'lpell. Mr 5990J

MAR 2Fy.9f§92 SUPERIOR CLIPPING SERVICE

Billings. MT 59105-0789

3b EQC To Hcai . Local Views . Flathead area residents will hav.e an opportunity to express their views to several members of the Environmental Quality Council on . bow to appropriately protect and develop Montana'~ lak~sbo~s during a public beanng m kahspell .. The bearing will be on Wednes.. : . day, April 1, 7:30p.m.,attbeCourt-.:. bouse East conference'roo~ #.1", 72S Fifth Avenue East.' !~ •. ,.".;j.',:,':~ I,'

The purpose o(tbe beann .. )s to .. solicit public COIlU'l\~!lt qn,wh~ther , ;~ current .lakeshore: regulatlons.l achieve a balance between tbep~" tection of private property rights , and the need to maintain, water, quality and otber attribut~s ~f Montana's lakes. The beanng IS '. part of a one and o~e-haILye~ Environmental Quahty, Councll . study of lakeshore development.· The council will present its J.ind-.. ings and recommendations ~~;tbe.: legislature in January! ~ 99,3.: ,X.~·. I;

Thirteen Montana Cltl~DS m*e.' up the bipartisan EnviroMlen~l ~ Quality Council,' a 'committee of .1

the state legilatu~, Four .are state. senators' four are state representa- • tives~ fo~rareme,mbes:s'ofthepub-":; lic~ and one, a non-votmg me~per, represents thegovemor, : . __ .

l.AXE COlllYTY I..E4DER l'bIson. MT 59860

(Tl'AHlday 8.000)

SUPERIM«p~ ~R~2 . Blalngs. MT 59105-0789

,~t. _ ;-- ;_ ...... "'T-~--:--.. :~;~,- ; ~ '. '~'. J .• ".",~~ . .'" •• I,~,

L:akeshQre:· .. ·;" .. '.·.· . . . .•.. : ·::·set',: "-~ h~arl.n.g'\'J ,,~,·l.': '.

KALISPELL - Flathead residents , will have an oppOrtunity 10 express :,;'

tbeirvieWs to several members.~f the. '. . - tal :Quality· CounCil 00' \ ,

EnvirolUllen , " d .; how' to·: appropriate~)' .~,teC~, ~ ',"

'. 'lakeshores ata " develop,Montanan s,. . 'itr . heduled publiC~eanng '.m Kalis-.. ;',.

sc u~ Thehearing will beon!~~;::; :y,-' ~prU.l;· at.7:~o,p.m.,· all.the.-, CourthouseEastconfer~~~~.~ ~~~il\! 72S Fifth Avenue ~L ,. '.- ,''- ;,,:;

. The bearing is being held 10 SOliCit, , 'public cOminen~ on whe~er. c;urreo~ .~; lakeshore regulatiollsacb~ev~'a ~~~.".:: ance belWeen theProteCuon ·~r pn- ,; vale property ~ghts ,and ~ need ~y

• lain water.quabty and other at . nuun , t_t.es ' The tributes of Montana s : ~ .• , ' .;; hearing is part o~ a one ~<\ one~·~.s

ear-Environmental Q~tY.~o~c. 'i~ !tudY oflakesbore.de~elopm~L~e ..

U ill pre" sent Its findings ~~" , Coune w . ',' ~tbe':1 ·";,,1o.'ture'" recommendations 10 .' e~ , ~.

1 '.' next"January~ • '

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March 1992

EXHIBIT--Jt~ .... ___ DATE- ! q -1::. r 3.-~~ IL.~~1i8....:39 .... _

EQC Studying Lakeshore Development

Are Montana's lakes being appropriately protected and developed? Is the high quality of our water being maintained? Are current laws that regulate lakeshores consistent from one administrative jurisdiction to another? Arc they effective? The 1991 Legislature charged the Montana Environmental Quality Council (EQC) with the responsibility of studying these and other issues related to lakeshore development and management. The Council will make its recommendations for any policy or legislative changes to the Legislature in January, 1993.

Thirteen Montana citizens make up the bipartisan EQC. Four are state senators; four arc state representatives; four are J!lembers of the public; and one, a non-voting member, represents the governor.

The Flathead Lakers have been actively following and involved in the EQC study. The Board met with an EQC staff member to express its concerns about lakeshore development, and Prcsident Dick Wollin later represented the Flathead Lakers on a panel discussion at an EQC meeting

Survey: Water Quality Perceived to be a Problem

To determine what concerns the public has with lakeshore management and regulation, the EQC recently completed a survey of 124 people, residing primarily in northwestern Montana. The results indicate that respondents believe water quality is the biggest issue facing Montana's lakes. Eighty-eight percent of the respondents said water quality was a problem, and nearly 60% thought watcr quality in the lakes they use most frequently had declined over the last five years. Sewer and septic disposal was mentioned most frequently as the issue the Council should address in its study. Other issues of concern identified include noisc from motor boats and jet skis, land use controls, rate of development, and erosion.

Survey respondents also exprcssed dissatisfaction with current lakeshore management and regulation. When asked if Montana's lakcshores arc being propcrly aevelopcd and managed, 60% responded "no." Slightly more than half of all respondents bclieve that current statutcs and regulations inadequatcly rcgulate development (in contrast, only 6% think development is overrcgulated.

EQC Se.eks Public Input

. The EQC will be holding two public hearings -one in Kalispcll and the other in H<:lena -to solicit public involvcment in its lakeshore study. The

EQC wants to know what you think should be done to improve thc management and regulation of Montana's lakes and lakcshores. The Kalispell hearing will be held on Wednesday, April 1 at 7:30 p.m. in Courthouse East, conference room #1. The Helena hearing will be held on Thursday, April 2 at 7:30 p.m. in the Capitol Building, room 104. Please mark your calendars!

To havc your name placed on the EQC's lakcshore mailing list, for copies of the survey.results, or for additional information on the public hearings, please contact Paul Sihler, Environmcntal Quality Council, State Capitol, Helena, MT 59620, or call 444-3742.

2

Monitor

Continued from page 1 Is there a role for the Lakers to

play in monitoring lake waters? Most certainly. Supporting research and education through a "Futures Fund" is one idea.

Maintaining our emphasis on the need to focus on the Flathead ecosystem is crucial- we are part of an interdependent ecosystem where changes in one part of the system affect other parts in unexpected ways. Supporting the development of other lake associations and monitoring programs in the basin and on a state-wide basis would be appropriate. And whether or not the Lakers adopt a structured program, perhaps an Adopt a Beach or Lakewatch, all of us have a role to play in using best management practices in daily use of the lake and the land around it. . The Lakers board acts as a policy making body, governing the organization on behalf of its members and serves as an advocate in your behalf. The Board has the responsiblity (keeping in mind it is a citizen board) of providing information to help you understand your stewardship roles in protecting the lake. At the same time, we need to know your ideas and concerns. Let us hear from you. And mark the weekend of July 11 on your calendar -the date of the Laker annual meeting!

(

Nearly 4,000 years ago in

China, Emperor Ta-Yu recognized the importance of a conservation practice that

modern scientists

call the "top-down" or watershed approach. To protect

your rivers, the emperor said,

fi'rs,t

protect'

yotl.r

mountains.

Northwest Energy News

May/June 1992'

"

,:..

';' ': J

Rocky .Mountain EnvironJ;llental Directory

Need to know the name of the secretary of the Clark Fork-Pend Oreille Coalition? Whether people from other states can join a river-using club in Wyoming? How long the Flathead Lakers has been organized? The Lakers office now has a copy of the Rocky Mountain Environmental Directory. This directory contains listings of citizen groups, government agencies and others concerned with environmental education and environmental action in the states of Colorado, Idaho, Utah, Wyoming and Montana. Each listing contains the organization's name and address, a description of its purpose and activities, the year when it was formed, whether its focus is local, regional or national, its sources offunding, whether it offers memberships and their rates, the number of paid staff, the name and frequency of publication of newsletters, etc. When you have an opportunity to use any information from this directory, call Robin Steinkraus at 982-3577. Yes, of course the Flathead Lakers is included in this very complete directory.

EQC RecommendationS-Amendments Ne~ded Montana Environmental Quality

Council spent the last two years engaged in a study of existing lakeshore statutes, to check their adequacy in action and propose corrective legislation if necessary. Lakers were involved in several levels of the study. Results have just been published and are available from the EQC office in Helena. Call Paul Sibler at 444-3742 or write EQC, State Capitol, Helena, MT 59620 •. Ask for EQC HJR 17 Lakeshore Study Final Report.

Here is a partial summary of the recom mendations:

Lakeshore Development Statute Provide a local option for extending

lakeshore regulations to reservoirs and constructed impoundments.

Amend the lakeshore statute to provide authority for a local governing body to establish a lake-specific advisory committee for the purpose of assisting with the administration of the lakeshore statute.

Clarify that restoration may be required for unauthorized work on a lakeshore

Motorized Watercraft No change should be made to current regulations for motorboat noise abatement unless the change is initiated by legislators

3

from northwest Montana. Water Quality The width of the

lakeshore protection zone should be expanded from 20 feet to 50 feet.

Federal funding should be sought for the US Bureau of Reclamation to install a selective water withdrawal device at Hungry Horse Dam.

The Water Quality Bureau's request for Resource Indemnity Trust funding to establish a statewide lakes management and volunteer monitoring program should receive thorough consideration by the Legislature.

A process should be convened to develop a strategic, comprehensive statewide monitoring plan that identifies monitoring priorities, data gaps, and mechanisms for administrative coordination for water quality and water quantity monitoring of Montana's lakes, streams and groundwater. The process should involve federal and state agencies, Montana's University system, FBC and others, and take place during the 1993-95 interim.

Shoreline Erosion To successfully carry out their responsibilities for erosion prevention and abatement, conservation districts may require more $$. EQC recom-mended a search for addi-tional mechanisms to fund ~ these responsibbilities.

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e ow

I II

t th

FI

h

d '

New

boa

t nO

lse'

limits

wen

t in

to e

fCec

t last'

d "

'Id

-cl

"d t

t

annu

a y

0 e

at e

a ec

onom

y,

-11

IS

now

pro

uc

mg

wor

,

ass

reco

r ro

u,

" '

sum

mer

on

.Flathea~, ,E

cho

and

Swan

la

kes,

.

Hun

gry

Hor

se,

two

deca

des

olde

r th

an

Sele

ctIV

e w

lthdr

a.w

al c

ould

~oost th

e bu

t so

me

said

the

hm

its

are

need

ed o

n ot

her

Lib

by

was

bui

lt w

itho

ut "

sele

ctiv

e .

fish

ery

two

to f

ive

times

, he

sai

d,

lake

s, t

oo.

, .

wit

hd:a

wal

" w

hich

allo

ws

dam

ope

rato

rs

The

cou

ncil

vote

d on

Fri

day

to d

irec

t its

Fi

sh,

Wild

life

and

Par

ks W

arde

n C

ap't,

Ed

to d

raw

wat

er f

rom

dif

fere

nt d

epth

s o

f th

e st

aff

to l

ook

into

the

situ

atio

n an

d se

nd

' K

e!ly

of

Kal

ispe

ll sa

id co~pliance

with

the

new

re

serv

oir

and

mat<

:=h

tem

pera

ture

s to

tho

se

lette

rs ~o

the c~

ngre

ss!o

nal de

l~ga

tion

ask

ing

nOIs

e ru

les

was

goo

d la

st y

ear,

and

mos

t bo

at-

need

ed f

or t

he d

owns

trea

m f

ish

ery

.'

for

theI

r he

fp I

n secunng~nd.Ing fo

r th

e er

s. w

ere

eage

r to

com

ply

once

the

rul

es w

ere

. A K

alis

pell

regi

onal

fis

heri

es o

ffic

ial

dam

wor

k.

' .'

",

";-

.,'

. • e

xpla

ined

, '.

repo

rted

las

t w

eek

that

$12

,5 m

illio

n D

ick

Wol

lin,

pres

iden

t o

f tn

e F

lath

ead

But

Ken

R

eick

of

the

Ech

o L

ake

Hom

e bu

dget

ed f

or s

elec

tive wi

th~r

awal

at

Hun

gry

Lak

ers,

sai

d la

ter't

hat

he u

nder

stoo

d Se

n.

Ow

ners

sai

d ,m

ore

,nee

ds t

o be

,do

net

o'a

dv

ise'

. "Hors~. b

y !h

e U

,S.

Bur

eau

of Rec~amation

" .. Con~d B

ums,

R:·

Mon

t.,

had

alre

ady

" bo

ater

s ap

d je

t,si

dc;

rsab

ou

t 't

~e; n

ewj·

ules

,:,.

'.

·t~i

s·ye

aryo

:as,

.~ra

tc~e

.~ ~t b~

!eau

.. :: >-

~ :·:

:::)

ndic

~ted

wil

ling

ries

sto)

akc:

the1

ead.

/'

.

unde

r w

hich

vio

lato

rs c

an b

e ch

arge

d w

ith

dis-

' .-

~."

i; ~

4:'

I. .. ,

~~ r

.,'

'.-.,

,-'."

.. ",

' .:;

;, '/

}i .

~:\:;I •. ,

r:::.,

,~:;.:

.::~ .

or

derl

y co

nduc

t for

cre

atin

g a

publ

ic n

uisa

nce.

.

' . '

.. -, .

.. ,'

. '.

,Rei

ck,s

aid·

.va'

cati

oner

s're

ntin

gpom

'es(

)o .. ':

',' <

::1'~\ .

.i ~:.' .

":::

.' ,~

.~'

.' R

ep.

Jerr

y D

risc

oll,

D-B

illin

gs,

. cou

ncil

Ech

o L

ake

had

dem

ande

d re

fund

s an

d le

ft b

e-C

olum

bia

fall

s re

SIde

nt

Lor

en

Kre

ck

chai

rman

, di

rect

ed

the

staf

f 1

(fd

raft

rec

ont-

caus

e o

f th

e po

ise.

'.. .' .

.

' .•

'~_';

urge

d _n

oise

lini

its on

riy~

r~.~

s w

ell,

incl

lldin

g ___

mel!

.d~t

ions

for

ext

endi

ng 'b

oat"

:rioi

se li

mit

s an

d , ,

"Th

is i

s. n9

t a"

pu,b

lic n

uisa

nce,

" ~(sa

id.

:~;.'. !h

~. ul'

pe!:

:~la

~~~~

" w

he!e

.. a J

et-b

oat to

~r ~er

v-:'

};pp

~rat

ing ~Ies t

o ri

vers

and

ot~

er l

!lkes

; .pr~

"Wh

en' y

our

pom

e. IS

no

. lon

ger

a sa

nctu

ary'

~ :,.

, Ice

pr

op~~

~d we~~he.r

t~ls~:yea~ d

rew

. pr!lte~ts,,~ .'Y

1dm

g op

tlO

.nsf

or l

ocal

reg

ulat

ion;

and

hm

ltdu

e to

sho

relin

e no

ise'

,-,"

this

js

assa

ult wjtha:',:.?yerpo~e'!ltla~

,1l0IS,e~

bank

eros

lOn

and

wIl

dlIf

e 10

9 m

otor

SIZ

es o

r bo

at s

peed

s on

sm

all

lake

s ca

pita

l A~".

. ....

. ",

,::

',"

, ..

' ':

';':

'''I

s~rb

~nce

/ .. ~~

;:1 :"

-:'-

:!."

~;'·

f ..

> .•

'.'

.". o

r cl

ose

to s

ho

re,'

, "

-B

ut l

aiei~' ~~

~ie~ir

ig'-'~

itriir

iai p

enalii~tt~f~:"";"; ~!It's'g6i~ftO~?e

the

',onl

y, p

rote

ctio

n w

e T

he

EQ

C w

as

also

fa

vora

ble

tow

ard

ex-

viol

atio

ns o

f th

e st

ate

stre

am p

iote

ctio

idaw:':~! ha

~e o

n th

ese

rIve

rs,

he s

aid.

'.

, :

.. "

' te

ndin

g lo

cal

lake

-sho

re d

evel

opm

ent

juri

sdic

th

e co

unci

l's 's

taff

.sug

gest

ed c

ivil

or ad

mini~

.", .,~ankand

·Sue

Sch

luet

er,

Suns

et B

ay r

eSl-

tion

to

50

feet

fr

om

shor

e, i

nste

ad

of

the

trat

ive'

pena

ltie

s instead.'~.

,',

,'"

dents,on:~!~t~ead

Lak

e"

urge

d .. a

.n~

wake

cu

rren

t 20

fee

t. , '.,' ,"

.'

, sp

eed

zone

aro

und

the

entI

re J

ake,

Wlth

lO 1

00

. .

,. .

. S

tate

Sen

. St

eve

,Doh

erty

; D

-Gre

at ,

Fal

ls,.,

to

200

feeto

! th

e sh

ore,

to

prot

ect

swim

mer

s . I

n a

noth

er

mat

ter,

D

oug

Ave

nll

of

Flat

-sa

id h~

ha.d

suc

cess

f\!lIy

_de

f~nd

ed t

wo

accu

~ed

. an

d ne

stin

g w

atel

fow

l.

'. "

.

. hea

d. La~e

Lod

ge

reco

mm

ende

d ~o

at

mot

or

stre

am,

vlolato~ 'o

bec~

u~e.

' th

e.

pros

ecut

Ion.

~ \

"I

t's

not

safe

'to

go

out

swim

min

g in

fro

nt·

mod

Ific

atIo

ns

to

prev

ent

fuel

sp~I.lage

from

ca

uldn

t p

rove

crIml~al mt

~nt.

':

,'

.'

of

ou

r pl

ace

beca

use

thes

e bo

ats

com

e.so

clo

se

ve~t

val

ves,

and

he

jlske

d th

e co

uncl

l to

exa

m-

Bon

nie

Elli

s,

a ·Y

ello

w B

ay r

esid

ent

who

to

sho

re '.

~ she

sai

d.

. in

e ne

w f

eder

al r

ules

.req

uiri

ng b

ulk

fuel

tan

ks

help

ed l

ead

the

cam

paig

n fo

r no

ise

limits

, sa

id

" '.

ThC

:ugh

'st

oppi

ng s

hort

of

orde

ring

dra

ft

at m

arin

as t

o be

bur

ied

on s

hore

, w

here

und

er

hom

e ow

ners

fro

m

Geo

rget

own,

In

ez,

Seel

ey

legi

slat

ion,

th

e E

QC

ask

ed f

or d

etai

led

staf

f gr

ound

lea

ks w

ould

go

unde

tect

ed.

and

ot~er .Iakes~er~ an

grya

~ n\

ot

bein

g in-

:-.p

ropo

sals

th,

at.

coul

d l~

ad t

o a

bill

or

bills

in

' "~

t m

akes

abs

olut

ely

rio s

ense

to

me,

" he

el

uded

In

the

199

1 ~o.lse l

egis

latio

n;.

seve

ral

area

s.

. sa

id.

' .

. Residen~s . s

piU

·lake

co

nce

rns'

B

y D

ON

SC

HW

EN

NE

SE

N

of th

e M

issou

lian

Lt /

.:2..,

.

.. K

AL

ISP

EL

L

-Sh

orel

ine

eros

ion,

je

t bo

ats,

noi

se p

ollu

tion

, bo

ater

s ~ho h

aras

s w

ate

rfow

l an

d. p

arks

w

itho

ut

bath

room

s ar

e am

ong

thre

ats

to M

onta

na

lake

s an

d ri

vers

, F

lath

ead

Val

ley

resi

dent

s to

ld

a le

gisl

ativ

e pa

nel

Wed

nesd

ay n

ight

. .

Seve

ral

said

sta

te l

aws

shou

ld b

e br

oad

ened

to

prot

ect

the

shor

elin

es o

f re

serv

oirs

and

ri

vers

alo

ng w

ith l

akes

. M

ore

than

50

peop

le,

incl

udin

g si

x st

ate

legi

slat

ors,

att

ende

d on

e o

f tw

o he

arin

gs h

eld

by

the

stat

e E

nvir

onm

enta

l Q

uali

ty

Cou

ncil

an

d co

nduc

ted

by a

pan

el o

f th

ree

legi

slat

ors.

T

he E

QC

is

revi

ewin

g ho

w s

tate

lak

e pr

o-

tect

ion

law

s ar

e w

orki

ng a

nd w

ill m

ake

reco

m

men

dati

ons

to t

he n

ext le~islature ..

W

hite

fish

Lak

e re

side

nt J

im S

tack

sai

d a

new

noi

se-c

ontr

ol l

aw f

or F

lath

ead,

Sw

an a

nd

Ech

o la

kes

isn'

t w

orki

ng a

nd

shou

ld

be

re

plac

ed b

y re

quir

emen

ts t

hat

fast

or

nois

y bo

ats'

m

aint

ain

min

imum

dis

tanc

e fr

om s

hore

. R

eal

e'st

ate

brok

er E

lsa

Put

zier

des

crib

ed

jet

skie

rs r

acin

g th

roug

h Fl

athe

ad R

iver

wat

er

fow

l ne

stin

g ar

eas,

and

she

war

ned

of

furt

her

dam

age

from

pl

anne

d co

mm

erci

al

jet

boat

to

urs

on

the

riv

er.

"It

appe

ars

nobo

dy i

s in

a p

ositi

on t

o sa

y no

to

thi

s je

t b

oat

," s

he s

aid.

"T

here

mus

t be

so

me

way

we

can

put

som

eone

in

cont

rol

of

the

Fla

thea

d R

iver

sho

res.

" S

imil

ar

war

ning

s ca

me

from

a

resi

dent

who

sai

d a

jet

ski

rece

ntly

cam

e da

nger

ousl

y cl

ose

whi

le h

e an

d hi

s w

ife w

ere

kaya

king

, an

d th

e op

erat

or d

ecla

red

ther

e w

as n

o la

w a

gain

st

it.

"I'

m fo

r de

velo

pmen

t,"

he s

aid.

"(B

ut)

the

. ver

y re

ason

I'm

her

e w

ill b

e lo

st w

ithin

a v

ery

few

yea

rs u

nles

s it

's c

ontr

olle

d."

"I'v

e be

en i

mpr

esse

d by

the

i.nte

llig

ence

of

the

peop

le i

n th

is s

tilt

e,"

said

a J

onne

l' P

itts

bu

rgh

wom

an m

arri

ed t

o a

Mon

tana

n. "

I ca

n't

belie

ve

the

peo

pJe

in t

his

room

~ren't· in

telli

ge

nt

enou

gh

to

prot

ect

the

thin

gs

they

ca

re

abo

ut.

" ,

But

Foy

s L

ake

resi

dent

and

Kal

ispe

ll bu

si

nesm

an

Fra

nk T

hom

as s

aid

mor

e la

w w

on't

he

lp i

f ex

isti

ng o

nes

aren

't en

forc

ed.

He

com

pl

aine

d ab

out

sani

tati

on p

robl

ems

at a

cou

nty

park

on

Foys

Lak

e th

at h

as n

o ba

thro

oms

in

spit

e o

f th

e la

rge

crow

ds i

t dr

aws.

r r r t III

\

By LYNNETTE HINTZE Staff Writer

A wave of protest over proposed jet boat tours on me Flamead River was expected at a state Environmental Quality Council meeting called Wednesday night in Kalispell to discuss lakeshore development.

Meanwhile, me Oregon man who wants to operate me 12-passenger excursion boat is miffed at the growing opposition against his venture.

"I can't understand the amount of concern over such a small proposal," said Tim Arntzen, a 31-year-old lawyer from Wedderburn, Ore., who has already purchased me boat and is working, toward approval from', governi~g agencies.' ,'. ":'::';"j"~;':~'\' ',:', : ~ ,i. ; "My intention,: .. has 'neve~:: been - to run roughshod over; ':he people, ~ '¥tt;en-sai~" ~ ,iiiiiiiii '~ Local opponents cite poten- " .

.. tial noise pollution, soil erosion and disturbance to water~ fowl breeding grounds as meir main objections to me jet boat.

"What about the noise impact?" questioned Dr. Loren

r' Kreck, who lives along Aathead River in Columbia Falls. "There should be limitations on how much noise people should have to put up with."

r'. Arntzen said his boat will operate below state noise regulations, which allow up to 90 decibels when me boat motor is measured at an idle. "I presume I could come

. around 85 (decibels) quite easily," he said. ~ ,

llakeshore development ' * , "I have a hard time differentiating ,between issues of·ilflakes and issues of rivers," Sihler said. r " Putzier worries about how the jet boat will affect birds " 'hat nest along the Aathead River. A Department ofFish, ~,Nildlife and Parks biologist believes, however, that !"Lnpact to waterfowl would be minimal. l FWP inventory of wildlife along the stretch of river in

{uestion shows a "fairly low" density of Canadian geese, aid biologist Dan Casey, and nesting is over by early

May. , "Generally, if they're not flushed off the nest. it's not a

" 1roblem," Casey said. " Casey is concerned about a bald eagle nest in the propoSed boating area. Eagles would be susceptible to the

, listurbance a jet boat could cause, and they nest until me

~~ ISt weeJc in July. ... ~; Arntzen said while he was boating on me Flathead Riv, ~r last October, he was able to come within 20 to 30 feet

': ,:~~le.

"'lOlH!h. wh:11 T'v,.. fnl1nrl hp,.,. io fh'lt rvw'rr

Arntzen plans to run one excursion a day round:triWl' from Spruce Park at Evergreen to Badrock Canyon near.' H~ngry ~orse during the of~-season months, and twice~: daJly dunng the summer tounst season. He wanlS to find'~ a place to stop at Columbia F.alls during the four-hour ~1" tour, to a.!low passengers a snack and restroom break.

Arntzen said he has been in contact with Polson developer c.ni Peterson, who plans to build a ISO-unit recrea- t tional vebicle park along Flathead River at Columbia : Falls, and has discussed the possibility of stopping there.

"My goal is scenic, relaxing tours for my customers," Arntzen Said. "If I go speeding up the river, my tours

won't be successful." ~ " The average speed of his , boat will be IS to 18 miles per, " hour, Arntzen said .. The: 22-foot boat would also be ~ 1 painted neutral colors to blend _._il' in with the environment.

';", Elza P\llZier, a local Realtor who lives along the river , ' . -<:if ' said she~nts to find out who is in charge of protecting the, river r§llores and waterfowl breeding grounds. She spcarheade~'an effort to get area residenlS to-voice their concerns at'last night's EQC meeting. .

"This is not a war," Putzier stressed. "It's more protec- . : tion and concern. I feel we need awareness and laws." i 1 ; ,

EQC Resource Scientist Paul Sihler said residents' ' i comments would be taken into consideration as relevant .

,~oncern~ fOf ,a study the state agency is doing on

i !~Iease see Page 11 ,- 'N

I : ; boats allow us t~ Come in fairly close to wildlife/' he said. '

Arntzen, who grew up in the resort business, works summers for a commercial excursion boat tour company on the Rogue River in Oregon, similar to what he's proposing for the Flathead River.

"I work every 'day with canoeists, rafters, drifters," said Arntzen, adding' he believes all can coexist on the river. "And I've operated with a perfect record. I can verify that."

Soil erosion is another issue surrounding the project. The Flathead Conservation District recently denied Artnzen's plan for a 140-foot dock at Spruce Parle and told him he'll need a modified design. Farmers, particularly south of Kalispell near Flathead Lake, say their river banks are already washing away, and such a boat would make matters worse. The jet boat would travel to Flathead Lake to obtain fuel.

"A lot of people don't realize what the wake is doing," said farmer Harry Woli.

Arntzen considers the approximate two-foot high wake t...: ... t ••

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Testimony of Jack A. Stanford - 8 March 1993

I am here today on my own time to urge you to support HB 30, which is prudent legislation to help protect and enhance water quality of Montana lakes.

I work at the Flathead Lake Biological Station where I am Bierman Professor of Ecology and Director. I have conducted scientific research on Flathead and other Montana Lakes for over 20 years.

Flathead Lake is one of the most important economic assets we have in the

state. The high value we place on this lake is due mostly to its clean, clear water.

Unfortunately, water quality in Flathead Lake is declining as a consequence of 1)

increasing levels of incoming plant growth nutrients from human sources, 2) regulation of water levels by Kerr and Hungry Horse Dams and 3) introduction of

an exotic. shrimp. Research at the Biological Station has shown that control of nutrient (nitrogen and phosphorus) inputs to the lake is the most pressing problem.

Since 1977 I have documented a steady increase in the lake's propensity to

produce algae (Figure 1), as a combined result of these threats to water quality.

Indeed, in Big Arm Bay last summer I documented an unprecedented stagnation of

the bottom layers of the lake (Figure 2) which is a sure sign that the lake is on a threshold of change for the worst. We must do everything we can not to cross

this threshold, because experience elsewhere has shown that lakes resist change

up to a critical point then deteriorate very quickly. The cost of restoration is staggering.

Surface and ground water runoff from roads, yards, building sites, and faulty septic systems from the shoreline is a known source of nutrient pollution reaching the lake. Given the desire of people to fully develop the shoreline of lakes like Flathead as home sites, the cumulative effect of these sources clearly is contributing in a major way to lakewide degradation of water quality.

These sources of pollution can be curtailed by allowing the local option

mandate of HB 30 to create a larger (50 foot) management zone on the shoreline.

Vegetation and undisturbed soils are very effective filters of nutrients carried

toward the lake with runoff. A larger legal management zone will allow the filter

effect to be maintained in areas not yet disturbed and will foster responsible

efforts to alleviate problems in developed areas through runoff controls and revegetation.

I expect that this legislation, if passed, will be as effective as the local

option ban on sale of phosphorus containing detergents has been. _.JAlE NATURAL RESOURCES

I urge you to support HB 30 ... for the sake of the lake!! _:<H JIT /iN .,,1-----D11C 3 = 1111... _

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LAKE COUNTY LAND SERVICES PLANNING AND SANITATION

106 Fourth Avenue East Polson, Montana 59860-2175 Telephone (406) 883-6211

March 8, 1993

Senator Don Bianchi, Chairman Senate Natural Resources Capitol Station Helena, Montana 59620

Re: H. B. 30

Dear Senator Bianchi:

SENATE NATURAL RESOURCES EXHIBIT No.~5~ ___ _

DATE 3/1> BILL N;l H& 20

My name is Jerry Sorensen, and I have worked as a planner for Lake County for the last 14 years. I have also been a member of the Flathead Basin Commission for the last 9 years.

House Bill 30 is a general revision to the Lakeshore Protection Act. It has been prepared as a result of the study required by HJR 17 which passed in the 1991 regular session. I fully support the revisions.

The original lakeshore stature was passed in 1975 to protect and conserve the lakes in Montana because they are important to the continued value of lakeshore property as well as to the state's residents and visitors who use and enjoy the lakes. Lake County was the first local government to adopt regulations pursuant to the law, and in my time with the county I have overseen approximately 2000 permits, mostly on Flathead Lake.

To an extent; the law haswprked well and met its objectives. However, a major feature of the law is to protect water quality. Within the context of the existing definition of lakeshore being 20 horizontal feet from high water it is not meeting this objective. An increasing problem with water quality in Flathead Lake is the increase in run-off from residential development. The proposed change in H.B. 30 allows local government to define the lakeshore as the land within 50 feet of highwater. This provides a much more functional area to manage erosion and runoff near the lake. The change is not a prohibition of construction within the lakeshore but will give local government the ability to ensure that work done within 50 feet of a lake is accomplished in a manner that will not impact water quality.

Since the bill passed the House, we have met with the Flathead County staff to consider how we might coordinate our efforts in pursuing the local option on Flathead Lake. We have agreed to work cooperatively on holding hearings on the local option and to

Senator Don Bianchi, Chairman March 8, 1993

Page 2

propose similar regulations. We may request that the Flathead Basin Commission be used as the forum for public discussion on the local option. This will give us an opportunity to hear and address landowner's concerns in both counties prior to making a decision on the option and possible regulations.

As regards regulations, we agreed that certain provisions need to be included to protect property rights. These are:

Existing homes within the lakeshore be allowed to be remodeled and expanded. In the event an existing home within the lakeshore is destroyed by fire or other natural disaster, it can be rebuilt in its present location. In the event an existing undeveloped lot is such that a home could not be located 50 feet away from the lake due to land constraints, a simple variance procedure could be followed to allow the structure to be closer. Routine maintenance work such as painting, re-roofing, residing, and the like would be exempt from regulations. The present regulations currently exempt these types of maintenance.

It is important to know that current regulations do not prohibit use or development in the lakeshore. Many permits are issued for structures such as boat houses, storage sheds, walkways, decks, boat ramps, docks, and gazebos in the lakeshore. These types of lake related structures would certainly be allowed in an expanded lakeshore area.

In closing, this legislation is part of an effort to develop a comprehensive approach to lake management. The causes of lake degradation are many. Construction activities done near a lake have the potential to cause water quality problems due to soil disturbance and erosion. This was the rationale for the Legislature in 1991 to establish a 50 foot management zone for logging near a lake or stream. Residential construction can have similar impacts to logging in respect to soil disturbance, vegetation removal, and alteration of drainage. This bill is certainly not a cure-all for water quality problems but is a responsible step in the right direction.

Sincerely,

1~or2~ Planning Director

JS/le

P.O. Box 290· Polson, MT 59860

March 7 J 1993

The Honorable Don Bianchi, Chairman Senate Committee on Natural Resources Montana State Capitol Helena, MT 59620

Re: House B 111 30

Dear Chairman Bianchi,

L RESOURCES

My name is Dick Wollin. I live and own property on Finley Point. As president of the Board of Directors of the Flathead Lakers I speak on their behalf in support of House Bill 30 as amended. (A copy of the mission statement for the Lakers is attached.)

A 1975 Laker newsletter noted, .... the new Shoreline Protection Law will help to protect indiscriminate destruction of the Lakeshore and we feel that control at the local level is much better than control at the State or Federal level. Our efforts were directed toward this local control".

Our reasons for continued endorsement of this policy are several:

Of the 300 largest lakes in the world, Flathead Lake stin ranks in the top lOS in terms of water qual1ty. Our singular goal should be to "keep it clean" rather than to "clean it up".

However, scientific research has clearly demonstrated that Flathead Lake is changing and has approached a threshold where increased nutrient inputs from culturally related sources around the lake and 1n the upper basin could result in a rapid deterioration in the lake's water quality. Lake level regulation and shoreline development have also played their roles.

The sources of pollution are many and cumulative. The primary objective should be to prevent further deterioration of lake water by protecting the lakeshore as one part of an integrated, basinwide land use and water quality plan. An ecosystem or watershed appoach to protection of water quality is needed. It reflects an understanding that what we do on land and in the water affects the lake. It centers on thoughtful consideration of the intricate lake ecosystem and the interdependence between the lake and its surrounding watershed. Degradation from shorelines, whatever the cause, cannot be ignored.

Noting publications and research dealing with lake ecology, lakeshore protection regu1aUons have shown to be a necessary part of lake managment - as undesirable as it may be. Mangement plans conSistently point to the need for buffer zones. Western Montana has been discovered and with resultant changes will come increased pressure on water

ios of lake in the

including Lake Tahoe and Lake Washington. If you ask the Question - "what should lakes. especial1y Flathead Lake. be like in 5. 10. 25 years?" - the need for HB 30 becomes increasingly important and is why we support the revised definUion of a lakeshore.

HB 30 Is enab 11ng leg1slatlon. as was the phosphorus ban b1ll and 1001< what that has accompJfshed. Water problems are people problems. caused by people. affecting people and only involved people can solve them. Therefore. we support the amendments that provide for thorough pub He parttcipation in the process of determining lakeshore regulat10ns at the local level.

The provision for lake advisory committees provides for continued public input on the cond1tion of a lake and should encourage c1t1zen 1nvolvement 1n finding solutions to identified problems. It should also encourage the development and expansion of needed volunteer monitoring programs.

The lakeshore regulations for Flathead Lake adopted cooperatively by Lake and Flathead COunties and the COnfederated salish and Kootenai Tribes are basically the same. We would continue to urge that these political bodies work together in effecting changes to the regulations 11 the proposed amendments are passed and to develop a comprehens1ve lake and/or watershed mangement plan. preferably under the auspices of the Flathead 8as1n Comm1ss10n. Water does not recognize political boundaries and we all live downstream.

House Bill 30 is not a cure all for all problems. It can serve to help curb one of many problems affecting water Quality - degradation from shorelines with its possible economic ramifications for the region, the State and generations to follow.

Sincerely,

--;-,) c-l -~~ £tck wOllirV~ IUr-

President

~1 What Can You

DoTe-Take Cator Of

Your Lake?

'~~~~ :~~)t~~t,>;~>~ ~ '~~ ~ r .' -.

Lake Stewar(1ship: 'VIlat C~Ul An Individl'1aI Do?

"'1;lking care of' vour lake may r~qu i n: lake' ste\vardship, lake management, lake restoratiun, or a combination (If all three. These three terms -stewardsllip, rnalJagt'l11ent and restoration -- are related but not interchangeahle,

1. Lake Stewardship: An Attitude

I.ake stewardship reall\' is an attitude - and it is rhe first important step ill prolecting a lake, Sle\\;(rdsllip I dkcts an understanding that what \\'e do ()Il land alld in lhe \vater affects the bke,

Slc\\,ardship CClltl'rS ()Il thought ful cons iderat ion of the intricate lake co Is\'stem ;lIld the illterdepemlcn'ce hetweell the bkemd ils surf'( )unding \v;lter,-,I1(:d, It t:lkes illto accoullt the Ileed to hettel' halance (Hlr li\'es alllilileSl\les with the Ileed~; of our 1:II,cs,

III short, it is a recognition that Iake~, :Ire vulnerable -that in order to make them thrive, we, hoth individuallv and collectiveh-, must as- ' sume respollsil)i1ity for their care,

2. Lake Management: A Process I.ake management is a process, and the second major step in lake protection. It reIlects a willingness to study a lake, to asse,~s its status and its needs, and tu determine how hest ro maximize its potential as a thriving ecosystem,

I.ake man:lgenH.:'nt can be as simple as It lstering the practiccs of stewardship alllong bke h<Hl1(:mvners and other interested individuals, Or it can include taking an active role in altering certain eo ll< 19ical rei at i< H1ships within rile lake and its watershed to nuke a lake ... _-_ ..

(~( lod ste",:trdsllip hy the indh'idual. \\'helh~'r a I:tke 11< 1 III eO\\'lll'r or" i Illp Iy a lake user, can do Illuch to enhallce the lake ellvironment and sen'e as:1 heginning for ,S( lUlld lake lllall;lgt'IIl' 'lit. Although Illost oftlll' It )11< l\\'ing COlllllll'lll" :Ire directed to lake hOlllem\'lll'rS, 1ll;1I1\' also appl\' tt ) t I \( ),C,e \\'Il< 1 Ii \\: :111\':

\\ht're \\'ililill J l:ik~':o.; w;ltl'rslll:'d, 011(' "f lile Illost ill1port:lIlt thillg.; ;111 individLl:t\ can d() is t() gt~t ill-\( )1\ ed wit II t lther ('( lllcemed citizl'ns, lhur colkcti\'c ef-t< lrlS will \ield the greatest dividends It H' Y(lLI :lIld tlte 1:lke, '

I iere's \"klt \'( HI can do to 11J'1ltcct :111(1 illlpro\'e ,I lake \1\' Illillilllizing pulhll.xl runolfinttltlte lake, :-'Llll\'of these sLlg\..!cstiol'1s :Ire h:lsed (In sht Ir;'I;II)( 1 m ·111;1\'(-'111('111

1;I\\'s,

1. Sitin!; the House and Other Facilities • Don't let your house intrude upon' the lake. Locate a nc\\' I H lllSl' and anv future additillllS /(1 l11l'ct ht)!:izontal set hacks alld vcrtical elevation requirements :tnd to an lid lhllllage if tile Iakc rises dr:lIll:ltictlh- in tlte furure. I'rcSl'r\'(':IS'llILldlnatural vegetation ;IS pllssihlc between the III IlISe alld the lake to filler sediments :lIld nutrients out of surface runoff.

• ltlLdl ah( \ need to consider othl'" bcilities, particular'" \\·c1ls ;llld ,o.;eptic systems, when siting lour house, TIt,,~ sept ic s\'stem sh( ,uld ret d\(: pri< lrity since :Itiequatl' ~tlil C\ ~nditi()ns are IK'cessary ItH- its prnper tunctiolting, Sitl' e\'aluat()rs and 111;111\' sew; Ige s\'stl'11l installeI'S ~';lIl cOI;dw:t s()iI h< lrings a III I pcrC! .1:ltion tests and ('( lllSllit soillllaps alld data to deterlll i ne the hest location (HI \( HII' I()I, \'\dls sll\ luld be h lC~ltL'd I lj 1'; I( '1K' fn llll sewage s\'stcms ;II'd ill' deep and

healthy and keep it healthy, Lake management can also include protecting the health of a lake ecosystem through a plan of preventive action.

Lake management, to be effective; requires the coordinated efforts of a group of individuals in the form of a lake association, sportsmen's or conservation club, or some other o~anization,

3. Lake Restoration: Corrective Action Lake restoration is an action directed toward a lake to "make it hetter." It is one example of a lake management technique. The complexity and expense of this activity requires an organization with some authority over the lake and its watershed, such as a lake improvement district or watershed district.~

cased \\'!tenever possible, A site sketch (If your lot, drawn to scale, will help you decide the hest locations for all facilities and is. often required when obtaining permits,

• C(lntact YOLl r cou nty zoning (l!licer to determine what permits will be needed and wh:lt standards must be met. l;lke a personal interest in meeting the regulations. DOIl't leave the arrangements entirely to your contractors,

• If a standard septic tank and drainfield s\'stem is unsuited !ix vour jot, you mal' have tu use'an appw\'ed alternati\'e system such as a mound system. On some lots a holding tank may be the only tea~ible systetn,

• ~lake sure \'Our contractors know which' trees you want to sa\'e, Fencc otf areas to protect trees and roots from construction damage,

J

• Don't put a road or wide IXlth dt )\\'n tt) the !:ike, Curve any path you do build to the lake, Consider a \\'ooden stairway rather tklll a road if you need access along a steep slope,

2. Altering the -mtterfront • If \'OU \yant a sam'" heach I()r s\\'imminl~, trv to' buy a It)t with a natL; ral11each, S'and dumped on the shore to create a bead I can seritlllsly affect the hahitat of fish, hirds. frogs and aquatic insects.

• l\Iake water from equipment such as e1( lCks and h( )at houses as unobtrusive as possible, i\\'()id structures that reqUire mudl tree clearing, excavatillg or filling,

3. Modifying Yard Care • Think twice before putting ill a Ia\vn - \'ou mav not lIeed OIW in :1 lake setting. I\\:lintain as wide a buffer zone ()f natural vegetation as possible hetween the lawn ami the waters edge.

• Minimize the use of pesticides, herbicides and fertilizers, which can harm the lake.

• D( m't hurn brush or leaves on a slope from which ashes can wash into the lake,

""': .. . I .' . .... I ,,~. '\ I '" • ¥ 1 '

~I L~,ke

~Ianag(ement:

What Is It?

\~Ike management re'luires a general knowledge of lake ecology. the causes of natural and cultural water quality prohlems, the techniques f()r resturing and protecting the lake, tile leg:" and financial realities to he considered, allli the adllli II istrat ive and technical reSt )urn~s availahle to concerned citizens.

I~lke management hegins with ec< )I( )gical awareness, Just as the art of tlte landscape painter hegins with an understanding of 1 he relationship between elements in the landscape, so must a lake he seen :IS pari t )fan interdependent system of surbce ami suhsurface flowing \\':lIer ami of plant and alliIII a I hahitats that relate to, and rely on, each other.

Two Areas of Concern Every lake is ecologially unique. E\'er~' mallagement gnHlp\\'ill ha\'ea uniqueset t)f managcment ()hject i\'es and a un ique st rategy Ii ll' attaining them

Like management planl1<;rs seeking the l110st etlecti\'e wa\' to arrest t)r re\'erse eutnlphication face two general areas of concern:

The first addresses hiological symptoms th:lt arise in the lake - primarily from activities in the lake\ watershed, "Nutrient-rich" lakes can he made less "productive" through the use of watershed management practices, The cost depends (1l1 the extent ufthe problem.

In the second area of concern, the lake has reached a critical Ie\·el. Nutrients accUlllulated in the lake continue I() Illaintain excess producti\'il\' e\'en with watersll'ed management. The rest( )rati< III ()f such a lake mav rL't(llirl' in-lake treatment as well as ,;yatershed management. The c< )st may be high.

Two Philosophies of Lake Management Like management ap-pI'< laches Gill he divided into tm) categories, One is the "qUick-fix" approach, The other i:; long·terlll clwiron-11 IL'nta I m:lI1~lgement.

The "Quick-FL"''' Approach

The "quick l'ix" in lake man:lgeillent is a short-term "solution," sllch as the applicatit III ()faquatic herbicides to quickh' kill unwanted algae, Such chclllicri applications

4. Taking Care of Your Septic System • Don't let your septic system pollute the lake. Have your st~ptic tank checked every other year and pumped when necessary.

• Use nonphosphate deter! gents, wash only full loads of clothes, and use water-saving showers and toilets to avoid stressing your septic system, (In Minnesota, phosphates in householtllaundry detergents have I*en banned since 1977,)

• Do not use a garbage disposal, and keep solvents, plastiCS, paper diapers and other similar products out of your septic system ...... ...

can go on year after year, becoming increasingly less effective if the underlying causes of the algal gro\\th are ignored.

The "qUick fix" treats the biological symptoms of a lake problem, but plant and fish productivity are directly dependent on the chemical and physical processes going on in and around the lake as well. These underlying factors must be the principal consideration in any plan to change the biology of a lake.

Long-Term Lake Management

I.ong-term lake management considers all of the environmental, cultural and biological factors affecting the lake and sets a higher priority on finding lasting solutions than on pursuing quick, cosmetic treatment of symptoms.

. A high quality. financially efficient environmental project takes time and begins with long-range planning. If immediate in-lake rehabilitation techniques are necessar\', the community will need to be sure that such immediate rehabilitation ef-I( )rts are followed by appropriate long-term management techniques ...... • • -.

10

Lake Management:

WhatCan Be Done?

Lake 1ll:1I1:lgl'IllCllI OftCl1 he· gills WililulI1cl'rtl I()r a particular Iakc. Tilc lake no 1()llger I i\'l'S up t() s()meOI ](::'i expcctltioll~, \\"ilatever till'\' might he. '

I )eteri( )rated Likes call he reslored, hut Ihl.' tlsk is dif· liudt. l'I](.l<:r~t:llldillg of lake ecosY,stl'lllS is illcomplete, alld, evcn \\'heilledlilical answers are :I\·:tibhle, the\' Illav he expellsi\'l' to apply: . Further, the results of a lake rest( )rat i( 1Il pn *'ct 1ll:1\' not he apparent I( n' years.

F<)r these rea~( lIlS, preventive action sil()uld he Ihe fir.st priorilY d ll10sl 1:lkc C()IlIIllUIl il i\.'s. I t tilt' lake is a \alu:ll>ll' rccreal i( HI:d :ISSl'l. Ill\.' prilll:lr\' ()I * 'CI i\l' sill add he [() pn:n:nt lu rt Iler deteri( 1-

r:ni()ll. 1.:IKt: dt'teriorali(HI can he pre\'elllcd hy 111:II1:lgillg the \\·:ltl'rsiled allli hy pn 1-

tecting tile shorelillL'.

,\l'li()llll) pr()tl'n :lI1d reSI()rc a Like ll1ay he t:lkell h\· illlli· \'idu:d lakc pI'< )pert\: ()\\'lll'l'S :lI1d h\' bkl' as.'( )ciati( )11.', usu: II Iy ",'it 11 till' : I~sist :IIlCl' of OIlC (H' 1l1( )n: g( )\·c 1'1 1 Illl'l 11 ulli!.s.

Whcll cOllcern ()\'LT a lakes cOlldit i011 k'ads t() :lllleetillg ( )1' l'( Hll'l'l'lled cit il.CIlS, tile first stl'P lla'i heell t:lkL'll: I(lrIllati()11 ()f:ll:th' as.'i( lCi:lti( 1Il.

The as." )ci:lti( HI m:I\' alrl':llh' l'xist :IS :1 I()cd ClH1Sl'I'\':lIi()ll duh,;] I'< )lI':lI1d gUll duh,lhe Cil:ll11ill'r or CI H11I1HT(,(', or :11]()IIll'r CIH1UTIll'd gn)up. :\11 clteCl h'c LIke :ISs()ci:lt iOIl illclude.s not Oil\\- lakesh()re pre )perlY ()"'Ilers' hut :IIs, 1

people \\'Il() 11:l\l' \'arious

()tiler illtcreSIS ill the lake. If lake Illan:lgclllent is initiated hy a Illunicipality or other g()\'l:rnment unit, it is a good idea to 1()I'nl an advisory group of interested citizens hy seekillg v()lullteers from t Ill' asS( )eiat ion ()r other conn:rned ci\'ic groups.

['Our Initial Steps 1. Set Goals

\\'here d( )es a lake associaIi! 1Il hl'gill/The first order of husiness is t!) set goals, The goals of a lake management pI'< )gralll are set according to \\'hat the ml'mhers of the asS! )ci:1I i( HI expect the lake to \lv. Tile~l' g():tls are usually h:I~l'l1 ()II S( )ei:11 judgments :111<1 ddilliti(HIS ()fvalues, Tilr()l1gll()l1t Il1l' planning pre )eess, thesl' expect~iti()ns rcquin .. 'uHllillualrevie\vand 111' )lIificlli()n :IS information i.s g:llill'rl'd a III I as environ-1ll~'IlI:d. technical. institu-til Hl:d and financial realities hel'< Hlle llIore dear.

2. Assess tevels of Commitment

Knl )\\. "hat fillancial and tillle C<)llllllillllents the group is \\illing and able to llI:lkl'. It is ea.<;\' to overlook tilese t:I((( )rs ill'an initial eagertless 10 gl'1 results, hut rl':11 iSI ic :lS.SeSSlllems of avai 1-ahle lil11e a ill I finances are nit il':11 ti) .~UC"l'SS.

3. Acquire Background Knowledge

(;{'t :Icquaillll'd with the principles ()f I:tkl's. Understand till' dirl'l't :lI1d critical re-

lationship between a lake and its surrounding shoreline. The bettervou understand the relatiOilship of a lake to its watershed, the more likelvvou'll be to make effective n1anagement chokes. )bu can find help with this in your local community. A high school or community college science teacher may he able to help residents better understand the lake. The county planning and zoning office can provide information on present and future land use in the watershed, The soil and water conservation district Gill provide information on soils and assist in mapping the area draining into the lake. The Freshwater Societv and the Grav Freshwater .. Biol( )gical h1stitute can help ,'{ lU hetter understand the interdependence of land use practices and lake protectioll,

4. Detennine the Current Status of the Lake

It is important to determine the current water quality or In lpltic status of the lake. This will provide a baseline for assessing changes in water quality over time and determining the effectiveness of management practices. This m:ly he as simple as getting inmh'ed in the Citizen take-Monitoring Program. Or, if major management choices are to be made, :1 c()mplete \vater quality stlllh' of the lake and its watershed may be necessary,

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mt judicial branch · 2015-05-05 · minutes montana senate 53rd legislature - regular session...

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