Libby prepares to challenge Feds over Flower Creek dam project
by Duane Williams, KLCB-KTNY Radio
July 26, 2013
The City of Libby has fired the first salvo of what could be laying the groundwork for litigation over a US Fish and Wildlife decision.
The City of Libby is requesting records under the Freedom of Information Act from the US Fish and Wildlife Service related to the Flower Creek dam project.
The City is currently in the process of replacing a City-owned dam on upper Flower Creek due to concerns the dam is in jeopardy of failing and needs to be replaced as soon as possible to protect Libby's only water source and avoid catastrophic damage and possible injury or death to residents located below the dam, says the request.
During the preliminary engineering process for the reconstruction of the Flower Creek dam, the City's engineering firm consulted with all federal and state agencies about required permits and consulting requirements, including the U.S. Fish and Wildlife Service, and received e-mail correspondence from Fish and Wildlife indicating the reconstruction of the existing dam would not have any detrimental effect on wildlife or fisheries in the area and would not require any further consultation since the dam already existed and was going to be replaced near its current location.
Several months later the original opinion was reversed and now a Biological Assessment is being required substantially delaying the project resulting in the loss of a major funding opportunity, and putting the City at risk of losing its only water source and putting residents at risk should the dam fail.
According to the request, the City is formally requesting all records, including e-mail correspondence, concerning or including any reference to the Flower Creek Dam and reservoir, any reference to the mitigation of Bull Trout for the proposed Montanore Mine, and any reference to the City of Libby, its Mayor, Council members, agents, or consultants, for the past five years.
The City believes the request is in the public interest and will contribute significantly and meaningfully to public understanding of the operations or activities of the federal government. Additionally, the public's understanding of the actions of the US Fish and Wildlife Service actions with respect to the Flower Creek dam will contribute to the understanding of a broad audience of persons interested beyond the residents of the City of Libby, including Lincoln County residents, State of Montana residents, U.S. Residents, as well as various news agencies, says the request.
The City is requesting expedited processing of the request because of the possible imminent danger of failure of the Flower Creek dam and the substantial risk to life and property if a total dam failure occurs, the City says in the Freedom of Information Act request.
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By Duane Williams, KLCB-KTNY Radio, e-mail: klcb@frontiernet.net, www.klcb-ktny.com.
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