1987-12-02 Char-Koosta News

              New evidence heard in two FIIP power division lawsuits
The first thing everyone learned at the Nov. 20 FIIP hearing in Missoula is that you have to get there plenty early to get a seat inside the courtroom. The audience that day included about 70 people inside (with 14 accomodated in the jury box) and two dozen or so outside in the hall.
The occasion was further discussion on the future of the Flathead Indian Irrigation Project.
At issue is who should manage the project's power and irrigation divisions.
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The U. S. government, in the form of the BIA and the Dept. of Interior, believes the Salish and Kootenai Tribes are capable of running at least the power division, as evidenced by the management contract it approved back in October of 1986, under authority granted by the Indian Self-Deter-mination Act (P.L. 93-638).
A relative handful of non-Indian irrigators took exception to that idea, though, and quickly filed two lawsuits against the federal government The first one claims that the irrigators will suffer from the 638 contract's implementation. The second suit says the entire FIIP operation should be turned over to the management of the water-users.
Charged with deciding the two cases is federal district judge Charles Lovell, who's handled other FllP-related litigation (see the 11-25 Char-Koosta News) in the past few years.
Lovell's first experience with the two cases — numbers 216 and 217, as they're abbreviated—was Dec. 18,1986, when he heard oral arguments in Helena. Several dozen Tribal members were able to observe those proceedings, thanks to the Tribal
administration providing transportation.
The following day, the Tribal Council announced that it and Interior had agreed to delay implementation of the 638 contract so that the issues raised in the two Joint Board of Control lawsuits could be thoroughly reviewed.
"It is obvious to anyone involved in the case that the issues before the court are of great importance and complexity," then-chairman Ron Therriault explained. 'The Tribes want these cases decided on their merits. This cannot be done in a one-day hearing," he said, referring to the activity the day before in Helena. "The court's ruling on these issues will impact Reservation life for decades to come."
A full year later, a second hearing was conducted to present new evidence. The Tribes also asked for and were granted the opportunity to intervene in case 217.
Speaking for the U.S. was attorney Larry Corcoran, who argued that the JBC hasn't been able to prove the irrigators have been harmed, as is claimed.
He pointed out, too, many inconsistan-cies in the JBC's cases: state law doesn't
(Concludes on page six)
Irvine wins run-off election
Lloyd Irvine will be challenging Vic Stinger for the Pablo Tribal Council seat in the Dec. 12 general election.
Irvine earned 304 votes in the Nov. 25 run-off election against Cathey Hamel, who got 118 — not counting the 50-or-so absentee or contested ballots to be canvassed Nov. 30.