A spike in fees paid by irrigation divisions has Lake County officials reevaluating the county's role as fee collector.

Commissioners met on Sept. 30 to discuss stopping the collection of fees from irrigation divisions. The fees are collected by way of property tax bills and help finance the Flathead Indian Irrigation Project, a federally run program under the Bureau of Indian Affairs.  

It's a debate county officials have had with the Flathead Irrigation District — a collective of the Camas, Jocko and Mission Valley irrigation divisions — since 2021. When commissioners passed a resolution in 2022 to remove the fee from property tax bills in July 2023, irrigators argued it would subject them to multiple layers of red tape.  

The resolution was rescinded by commissioners in March 2023 after they failed to get an answer on the legal ramifications of the move. Commissioner Gale Decker returned to the issue three years later after reading about the irrigation project's recent rate increase in the Daily Inter Lake.  

It's getting harder for property owners in irrigation divisions to pay their property tax bills, he said, and the county can't accept a property tax bill with unpaid irrigation fees. It also puts the onus on the county to enforce regulations. 

"If you don't pay irrigation fees, we can take your property," chimed in Commissioner Steve Stanley. "And that really bugs me."  

To get out of paying the irrigation fee, landowners can petition the U.S. Department of Interior to remove their land from the irrigation project, said Attorney Cassie Dellwo, who represents the Flathead Irrigation District. But she and other irrigation project officials have said the process is lengthy and difficult.  

Property owners can also request a fee waiver from the irrigation project, she said, but these requests are usually granted to those who haven't received water delivery due to infrastructure issues.  

She reminded commissioners that the county is obligated under state statute and federal contract to collect the fees. Getting out of it would require a change in legislation and filing a declaratory judgment against the federal government. 

"Nobody's coming here to have a big fight," Dellwo said. "The biggest goal here is to avoid unnecessary expenses to the irrigators and all of the county taxpayers." 

Meanwhile, the Flathead Irrigation District is looking to take back control of the project from the Bureau of Indian Affairs by forming a cooperative management entity with the Confederate Salish and Kootenai Tribe, she said. The partnership would give irrigation districts direct management over the project and the ability to create their own budget. 

"I want this to be a cooperative situation," Dellwo said. "The goal is not to fight the county. This is the only avenue we have to comply with our contractual obligations." 

Report for America Reporter Hannah Shields can be reached at 406-758-4439 or [email protected]. If you value local journalism, pledge your support at dailyinterlake.com/support.