Jennifer Patrick, Project Manager for the Milk River Irrigation Project (MRIP) Joint Board of Control released a statement regarding Legal action being sought against the MRIP by the Alliance of the Wild Rockies.

In the complaint the Alliance of the Wild Rockies filed the lawsuit under the Endangered Species Act (ESA) alleging the Bureau of Reclamation/Trump Administration’s ongoing and unpermitted taking of Bull Trout through its operation of the Milk River Irrigation Project located east of Glacier National Park. In turn the Bureau of Reclamation looked to have the suit dismissed.

The original complaint was filed on March 25, 2020. The Alliance of the Wild Rockies claimed ‘Reclamation’s water control and delivery structures in the St. Mary River drainage, as part of the Milk River Irrigation Project, are negatively affecting the native fish population resulting in the mortality of bull trout, a threatened species.’ When the complaint was originally filed the Bureau of Reclamation did not have an Incidental Take Statement (“ITS”) permitting Reclamation’s take of bull trout. The United States Fish and Wildlife Service (USFWS) then issued an ITS on September 4, 2020.

After the Department of Reclamation received the ITS as well as a Biological Opinion it was undisputed and rendered Alliance’s request for injunctive relief moot. The parties didn’t agree as to whether declaratory relief remains available.

In judgment, the court stated that “Having considered Reclamation’s motion, the Court determines that dismissal is warranted. Reclamation’s incidental take of bull trout has been authorized by the ITS. Accordingly, Alliance has achieved its relief sought and the Section 9 claim is moot.”

The judgment concluded by ordering that the Bureau of Reclamations Motion to Dismiss the lawsuit granted and dismissed the matter with prejudice. The Order was handed down on Friday, October 30, 2020 by United States Magistrate Judge Kathleen L. DeSoto.

Patrick was thrilled with the judgment, “As tough as 2020 has been on the Milk River Irrigators and Hi-line, things have been looking up for us in the last couple months.” It has indeed been a fantastic October for the MRIP as water again is flowing through the Saint Mary Diversion and back into Fresno Reservoir.