Confederated Salish and Kootenai Tribe set to acquire Kerr Hydroelectric Project in 2015

In September 2015, the Confederated Salish and Kootenai Tribes’ corporation, Energy Keepers, Inc. (EKI), plans to acquire the Kerr Hydroelectric Project. While the purchase price is still under dispute, the tribal news is publishing a series of articles to educate tribal members (and other interested parties) on the history of this deal, as well as the steps that EKI is taking to be prepared to manage this project.

According to the Char-Koosta News:

The Tribes fought hard for the right to acquire the Project when the last FERC license was issued in 1985. For several decades, this opportunity has been seen by successive Tribal Councils as a primary option for CSKT’s future economic development and self-sufficiency. Acquisition of the Kerr Project is also an important way for the Tribes to manage and reclaim natural resources that are critical to the Salish, Kootenai and Pend d’Oreille peoples of the Flathead reservation.

Today, only two years from the opportunity to own and operate the Kerr Project, EKI, the Tribally owned corporation responsible for the management of the Kerr Dam acquisition process, is in full swing– evaluating, planning and preparing for the conveyance of this major hydroelectric facility.

The first three articles in the series are available on the Char-Koosta News site:

The Twists and Turns of Acquiring Kerr Dam here.

Conveyance of Kerr Dam Continues to Move Along here.

Due Diligence on Kerr Dam: Structural Evaluation here.

This is an exciting opportunity for the Confederated Salish-Kootenai Tribe, and I plan to keep checking the Char-Koosta News site to see how this project is progressing.

Thanks to NG

Montana SCT Materials on Failed Challenge to Flathead Reservation Water Compact

Here are the briefs and opinion in Western Montana Water Users Assn. v. Mission Irrigation District (Mont.):

Opinion

Appellant Brief

Appellee Brief

CSKT Amicus Brief

Montana Reserved Water Rights Compact Commission Amicus

Montana Water Resources Assn Amicus

Reply Brief

News coverage here, via North Dakota Supreme Court site.

NYTs on “Water War” on Flathead Reservation

Here.

Lozeau v. GEICO — State Court Jurisdiction over Reservation Tort

The question here is whether the Montana Supreme Court would invoke the doctrine of equitable tolling to toll the state statute of limitations where the plaintiff had first filed her tort claim in CSKT tribal court, then filed in state court. The court said yes, reversing a trial court order dismissing the claim.

Lozeau Opinion

Lozeau Appellant Brief

Geico Appellee Brief

Lozeau Reply Brief