1987-07-28 Char-Koosta News

              District court grants dismissal of JBC law suit
The hot and stuffy day spent in the U.S. District Court in Helena, June 24, by many Tribal members has proved its worth, July 21, when Judge Charles Lovell handed down his judgement granting the Tribes' motion to dismiss the JBC's injunction on the 1987 Plan of Operations for the Flathead Indian Irrigation Project.
The JBC filed the suit June 8, just two months after the BIA submitted their operation plans on April 3.
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types of procedures, explained Tribal attorney Pat Smith. The first is a proposed minimum instrcam flow to protect the fisheries in the 17 streams on the Reservation affected by the Irrigation Project, including three major streams on the Reservation: Jocko Creek, Post Creek and Mission Creek.
The second procedure in the operation plan contains various methods for the operation of the irrigation side of FIIP. (This included environmental and economic assessments for 19 87 operations.)
In August of 1986, the JBC succeeded with the injuction against the 1986 Plan of Operations because, says the July 21 judgement, the Court determined "the BIA had failed to give any consideration to the interest of the irrigators in setting the 1986 interim flows. (The Tribes are presently appealing that decision.)
"In contrast," says the Court, "the present action -- filed on June 8, 1987 ~ was commenced in the middle of a comment period established by the BIA for public participation on the 1987 plan."
The Court also granted the dismissal because, it said, the JBC failed to
present its case to the BIA before filing suit.
The Court ruled, "The BIA has a significant interest in applying its expertise, in having an opportunity to correct its own errors, and in developing a proper record." And, it said, "The Joint Board has a significant interest in finding adequate redress for Jits grievances." Balancing those interests, the Court concluded that its decision should not be invoked until such time as the BIA enters a decision on the matter.
Smith points out that, in the last year, the JBC has filed four separate law suits in the Federal Court against the United States which affected Tribal interests. "What's ironic to the Tribes," says Smith, "is that the JBC's approach on these four lawsuits has been to litigate first, rather than using that as their last resort."
Not only did this decision score points for the BIA's position to administer the Irrigation Project, but it also denied the State of Montana the right to intervene on behalf of the JBC.
Charmel Telller Char-Koosta News
Council acts on Sept. per capita
The Tribal Council made it official July 10 that there will be the usual $500 per capita. The checks will be dated for September 3,1987.
The amount of payment will be consistent with last year's, $500 for adults and $250 for minor children, with the other half being held in IIM accounts.
In order to receive the September per capita, the deadline for enrollment is August 14. Any change of address should be in at that time, also.
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