Review Bitterroot River Protection Association In ravalli, montana, united-states | Ngo In Ravalli

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Bitterroot River Protection Association

Ravalli,

Montana,United-states - 59870

Detailed description is BRPA is a non-profit organization dedicated to protection of the waters of the Bitterroot River Basin from environmental degradation or privatization.
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When formed in 2000 BRPA had a four part strategy for protecting the river that included a Legal Program, to seek enforcement of environmental laws; a River Watch Program to keep a finger on the pulse of the river and spot problems on the ground; an Aerial Reconnaissance Program geared toward complementing and amplifying the River Watch efforts; and an In the Schools Program to bring education about the river and the watershed into the schools in a focused way modelled on the highly successful local Arts in the School program..
Not long after we formed our organization we became involved in a few controversial lawsuits that usurped our time and resources and in the meantime another organization was formed, the Bitterroot Water Forum, which was specifically dedicated to public education and dissemination of information and support for environmental restoration projects in the watershed.
They were up front about their purposes being aimed at education and restoration purposes and specifically excluding legal action.
They have been quite successful in their efforts.
This lead BRPA to drop its In the Schools Program in favor of simply supporting the Bitterroot Water Forum..
Our Legal Program, which quickly usurped most of our time and funds, has been highly successful.
To date we have managed to rebuff a well-funded effort at privatizing Montana’s water and its fisheries with two precedent setting lawsuits..
• BRPA v.
Bitterroot Conservation District- The Mitchell Slough case was a landmark case in defense of the Natural Streambed and Land Preservation Act of 1985 and Montana Stream Access Law.
It thwarted a deliberate attempt by a covey of millionaires and billionaires from privatizing Montana’s waters.
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• BRPA v.
Ken and Judith Siebel- This case prevented the privatization of Montana’s fisheries by preventing a private landowner from diverting 80% of the water from miles of a Bitterroot River channel to develop a private fishery through the ranch using both the public’s water and their fish..
Based on these legal victories we have been able to follow up our efforts at protecting and bolstering public access and ownership by establishing eleven Portage Routes under the Stream Access Law, through a process governed by the Bitterroot Conservation District and the Board of County Commissioners.
This action has opened miles of river to public access where it had been blocked by private land owners attempting to control and deny access to the public..
We are currently actively involved in litigation aimed at addressing the problem of groundwater and surface water pollution generated by subdivision development.
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Throughout the raid growth period of the 1990s and up to today the Ravalli County Commissioners have never addressed the question of water quality when approving a subdivision.
Their answer to all public comment on the potential effects of the development on water quantity and quality continues to this day to be a refusal to discuss it.
They claim that the county does not have the expertise to address such questions and every subdivision that is approved is approved “on the condition that it meets DEQ permitting requirements.” .
The problem here is that the DEQ permitting process is very limited in scope and not being implemented in an effective manner..
The agency calculates the potential nitrates and phosphorous that will be contributed to the “groundwater” and determines if it is within acceptable limits.
But no consideration is given to the contribution of the groundwater to nearby surface waters where stricter standards apply.
The cumulative impacts of multiple approvals has never been considered.
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We have recently joined Bitterrooters for Planning and the Montana Environmental Information Center in a lawsuit that would address these deficiencies in the process..
• Bitterrooters for Planning, Montana Environmental Information Center and BRPA v.
DEQ- In this case we are challenging the issuance of a wastewater discharge permit for a subdivision the size of a small town because effects on the nearby Bitterroot River have not been analyzed.
The lawsuit is heavily aimed at getting the agency to consider cumulative effects in the approval process.
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BRPA also works hard, through our River Watch Program, at addressing the “death by a thousand little cuts” problem.
We recently got a “precedent setting” decision, (according to the attorney for the statewide Conservation District organization), from the Bitterroot Conservation District concerning the problem of “revetments”.
It has become an issue all over the state as private landowners either pile rocks or other material to form a barrier or they bury a line of rocks to form a barrier, aimed at stopping the erosion of the river bank.
The action has been considered outside the jurisdiction of every controlling agency.
However, BRPA, by filing a complaint over a 1,000 foot long revetment composed of concrete rubble that is now falling into the river, recently got the Bitterroot Conservation District to accept our complaint as valid, thereby accepting jurisdiction over the problem.
The landowners were given until next high water to remove the material.
We believe that DEQ is also going to consider it a violation of the Clean Water Act based on preliminary results of their site visit..
BRPA will also continue to addresses problems in the river based on public calls.
These can often be resolved without any “official” complaint or lawsuit, but simply by getting agencies to work together and coordinate their responses.
For instance we recently received a call from a citizen complaining that the boat ramp next to the Conner bridge had been abolished by the county Road Department.
It turned out the County had taken “emergency action” to stop the river from washing out the bridge by armoring the bank with large rock.
They had inadvertently destroyed a boat ramp.
We got the Department of Fish, Wildlife and Parks involved and they worked with the County Road Department to restore the boat ramp.
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BRPA is also monitoring the current proposed Water Compact between the Federal Government, the Tribes and the State as they attempt to resolve longstanding feral and tribal claims to water in the Bitterroot Waterhsed.
Both these entities are attempting to affirm water right claims that could ensure in-stream flows in the Bitterroot River to protect the fisheries..


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