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Yahoo
28-03-2025
- Politics
- Yahoo
State lawmakers dip into debate over Flathead Lake summer water level
Mar. 28—The Montana Legislature is wading into an ongoing debate over Flathead Lake's water level following the introduction of a new resolution by Kalispell Republican Sen. Matt Regier. "The 69th Montana Legislature requests all decision-making bodies with an influence on the usability of Flathead Lake ensure that recreation needs be measured fairly compared to hydropower, fish and irrigation demands; and that Flathead Lake recreation needs be expressly reflected in the next iteration of the Columbia River Treaty and in the next round of the Columbia River System Operations planning," reads Senate Joint Resolution 18. In his testimony before the Senate Natural Resources Committee on March 26, Regier argued that the low water level during the summer of 2023 caused significant harm to Flathead Valley residents and businesses. "It's a lake I grew up water skiing on, and so many people did. To not be able to use it like that needs to be in the conversation with hydro and fish and everything," said Regier. Dam managers cited abnormal weather conditions as the primary reason for the low level; high spring temperatures caused an early snowmelt, reducing the availability of water during the summer months. Despite the low water level, the SKQ Dam continued some outflows from the lake to meet federal energy quotas and ensure healthy downstream conditions. While that decision drew sharp criticisms from many lakeshore residents, allegations of mismanagement were later dismissed by the Federal Energy Regulatory Commission. Regier noted that the resolution does not actually change any laws or policies. If passed, a copy of the resolution would be sent to key stakeholders in the lake's management as a show of the Legislature's position. Regier said that he originally considered sponsoring legislation that would enact new state mandates, but he reconsidered his approach after learning how complex water management decisions are. Earlier this year, Republican Congressman Ryan Zinke reintroduced federal legislation mandating that the Interior Department maintain certain water levels on the lake. The bill has not yet been scheduled for a hearing. Reporter Hailey Smalley can be reached at hsmalley@ or 758-4433.
Yahoo
28-03-2025
- Politics
- Yahoo
Resolution seeks ‘fair treatment' of Flathead Lake recreation
Somers Beach State Park on Flathead Lake. (Provided by Montana FWP for the Daily Montanan) Senate President Matt Regier grew up learning to water ski on Flathead Lake — the largest freshwater lake west of the Mississippi — as did many of his constituents. 'I have friends that live there. Hopefully someday I can afford to live on it, too,' Regier told reporters during a press availability this week. 'But Flathead Lake is not just for the people around it. Tourism is a big draw for the Flathead Valley. And when you have a problem like we did two years ago with lake levels and not being able to put boats in, I mean, that's just the start of it.' Regier presented Joint Resolution 18 to the Senate Natural Resources Committee on Wednesday, which requests that water managers consider recreation to be as important as other priorities when making decisions about Flathead Lake. In late June 2023, water levels on Flathead Lake were historically low — nine inches below the lake's full-pool mark and a foot below the 23-year median, according to U.S. Geological Survey data — and causing problems for businesses and recreational users. Requests to raise the lake level, made to the inter-agency team that coordinates dams across the Columbia River Basin, were denied, as water managers had to balance multiple uses including flood control, wildlife management and irrigation — not just recreation. 'I needed to do something to stand up for my constituents, especially back home, (to show) how vital having water in Flathead Lake is,' Regier told reporters. 'I always speak for my constituents, but this is special to them.' Regier cited comments from Gov. Greg Gianforte made that year about the importance of the lake to the region's economic vitality — roughly $600 million is spent from anglers, boaters and other tourists in Flathead County alone, according to a University of Montana study. During a normal year, the dam-controlled lake fills up during the spring runoff by mid-June and tends to stay level throughout the summer months. In 2023, however, low snowpack and regional drought conditions prevented the lake from reaching full-pool levels. According to the University of Montana's Flathead Lake Biological Station — which operates from a campus on the east side of the lake — snowpack the previous winter was just 80% of the long-term average, and an unusually warm May led to a rapid meltout. Flathead Lake Biological Station Director Jim Elser said inflows from the main stem Flathead River, which is the primary source for the lake, was between 34% and 60% throughout the year. With so little water entering the lake, levels continued to drop, ultimately reaching a full two feet below full pool, which is 2,893. Low water levels affected boat and business owners around the lake, according to the Flathead Beacon, as many public and private boat access sites couldn't operate. Rental companies lost customers, too. Farmers upstream of the lake saw irrigation issues, as lake water often backs up the river to an elevation high enough to divert into sloughs, and hundreds of thousands of dollars worth of crops were jeopardized. Efforts to address the problem ran up the ladder from county officials, to the governor and Montana's Congressional delegation. One avenue considered was a plan to release water from Hungry Horse Reservoir located upstream. Hungry Horse Dam, along with Se̓liš Ksanka Qĺispe̓ (SKQ) Dam, operated by Energy Keepers Inc., on behalf of the Confederated Salish and Kootenai Tribes, are part of a network of 60 dams throughout the the Columbia River Basin. Many of the dams are operated by the Army Corps of Engineers or Bureau of Reclamation, but all of them are jointly coordinated to regulate flood control, energy generation, irrigation, streamflow for fish migration and recreation. An inter-agency Technical Management Team comprising representatives from four states, five federal agencies and six tribal nations, coordinates operations across the Columbia River Basin. A proposal by Gov. Greg Gianforte to fill Flathead Lake using water from Hungry Horse was considered, but ultimately found to be an inadequate solution, due to the risk of draining too much water from the reservoir during drought conditions. During the fall, water released from Hungry Horse augments the Flathead River to aid endangered Bull Trout. Many elected officials, including U.S. Republican Rep. Ryan Zinke lambasted the decision, accusing the Technical Management Team of prioritizing fish over people. Zinke later introduced legislation to Congress that would require Flathead Lake to be held at full-pool capacity through Labor Day each year, but the legislation never got out of committee. Regier said during the committee hearing on Wednesday that he had considered similar legislation 'with a lot more teeth than just a resolution' until he researched the intricacies involved in coordinating the water system of the Pacific Northwest. 'Once we started digging into that, there were a lot more players than I realized that were involved in water levels in Flathead Lake,' Regier said. The resolution put forward instead requests that 'all decision-making bodies with an influence on the usability of Flathead Lake ensure that recreation needs be measured fairly compared to hydropower, fish, and irrigation demands,' and also requests that Flathead Lake Recreation be 'expressly reflected' in the next iteration of the Columbia River Treaty. Negotiations to update the 61-year old treaty between the U.S. and Canada are currently paused due to President Donald Trump's threats to Canada's sovereignty. The committee did not take immediate action on Regier's resolution. Management of Flathead Lake primarily rests with Energy Keepers Inc, the company that operates SKQ Dam. Under the dam's federal license, the lake is dropped to its lowest level during the winter, and has specific flood-risk limitation on how quickly the water level can be brought up during the spring runoff. In a February news release, Energy Keepers said that streamflow conditions in the Flathead Basin were 'similar to 2023 and 2024' and the dam was being operated to increase the likelihood of meeting refill requirements. In both 2023 and 2024, the dam operators requested waivers from the Army Corps of Engineers to deviate from the normal process and begin filling the lake early in order to maximize capacity. The first water level benchmark to be released won't come until mid-April, and Energy Keepers has not updated its forecast for the lake since Feb. 2. Data from the USDA Natural Resources Conservation Service show that snowpack in northwest Montana is significantly better than in recent years. As of March 27, NRCS data indicated that snow water equivalent — the amount of moisture contained within the snowpack — across the Flathead Basin is at 96% of the 30-year median. Rain and snow are forecast during the next week in the area.
Yahoo
27-03-2025
- Politics
- Yahoo
Auditor clears Regier of all ‘waste, fraud and abuse' allegations
Senate President Matt Regier, R-Kalispell, testifies in front of the Senate Judiciary Committee on Wednesday, February 12, 2025. (Nathaniel Bailey for the Daily Montanan) Montana Senate President Matt Regier hired legal counsel in accordance with state statutes and procurement rules, and in close and 'ongoing' consultation with legislative services staff, contrary to allegations of waste and abuse, according to a memo published by the Legislative Audit Division and released Wednesday. The audit division examined six allegations leveled against Regier and for all six found that the 'allegation of fraud, waste and abuse to be not substantiated.' Regier had previously called the allegations a 'witch hunt,' and said every action he took was '100% legal and business as normal.' On Wednesday, Regier told the Daily Montanan the audit report found exactly what he expected — nothing. He spoke to reporters at a press conference later that afternoon. 'I'm glad to see the Legislative Audit Report fully bring to light all the false allegations that have been thrown,' Regier said. 'I sleep well at night. Everything, everything was up and up,' he added. This was the second time the legislative auditor investigated a sitting senator. A January audit memo found former Senate President Jason Ellsworth, R-Hamilton, committed waste and abuse while procuring a $170,100 contract for a close friend and business associate, while skirting standard procurement rules. Sen. Shelly Vance, R-Belgrade, brought forth the allegations against Regier during a March 6 floor session just before transmittal break. She originally requested the Senate convene an ethics committee to investigate her claims, but a substitute motion was made to send it to the audit division, following the same pathway as Ellsworth's allegations. Vance, an ally of Ellsworth, cited an article by the Montana Free Press published earlier this month, which laid out a series of actions current Senate President Regier, R-Kalispell, took during the 2023 session and interim period when he hired a lawyer using taxpayer funds — appropriately, according to the memo released Wednesday. Friday, the Montana Republican Party released a statement condemning the article and calling for retraction. During his press conference, Regier called MTFP's story 'full of unsourced, untrue, legal conclusions, inaccuracies, contradictional claims and baseless innuendo,' and said he had made his own request for corrections and retractions. MTFP Editor-in-Chief John Adams said the Free Press stands by its reporting, did not allege misconduct by anyone, and the auditor's findings 'confirm the accuracy of our original reporting.' 'Our March 5 report raised timely and legitimate questions about public spending, contracting procedures, and legislative accountability,' Adams said in a written statement. The audit memo investigated the six allegations Vance brought forth predicated on the Free Press article, including whether the president tried to evade the law in hiring an attorney; engaged in waste, fraud and abuse in hiring a lawyer; unlawfully used state resources related to a private matter; and failed to disclose a conflict of interest, among other allegations the report could not substantiate. The auditor's memo, authored by Legislative Auditor legal counsel Ken Varns, said the audit division examined the article, and conducted interviews with Regier, Deputy Director of Legislative Services Division Legal Services Jaret Coles, and Angie Carter, financial manager for LSD. The report also examined legal contracts and invoices submitted by Abby Moscatel of Blacktail Law Group, the attorney Regier hired. The audit investigation found Regier properly hired legal staff, that contracts were executed using authorized funding, and that contracts had proper signatories. The investigation further found that the allegation of waste, fraud and abuse, when Regier hired Moscatel for tasks routinely done by legislative staff, were unsubstantiated. 'President Regier consulted with and obtained approval from Legislative Services when engaging outside counsel,' the memo states. 'Legislative leadership has authority to obtain outside counsel for legal services, which can include tasks typically performed by nonpartisan legislative staff,' the memo continues. 'Because existing legal authority allows for these activities and due to President Regier's ongoing reliance on Legislative Service's guidance relating to these contracts, we find the allegations of fraud, waste and abuse set forth in the second allegation to be not substantiated. The allegation that Regier hired Moscatel for work related to two constitutional initiatives in 2024 using state funds was also unfounded, according to the memo. In its call for retractions to the MTFP article, the state GOP stated that the party had paid for legal services related to those lawsuits. The investigation further found that Regier did not engage in any attempts to artificially deflate expenses to evade spending limits — an allegation that was leveled against Ellsworth and identified as problematic by the Legislative Audit Division. The memo states that the cumulative value of work done by Moscatel was $22,980, which even were it not broken down between multiple, specific contracts, would not require the contracts to undergo a competitive bidding process according to state procurement laws. It further stated that all legal and financial staff 'made appropriate decisions or recommendations' throughout the contracting process. Another question about Regier's failure to disclose a conflict of interest in a Senate Bill 352, brought to offer immunity to legislative staff, had 'no clear linkage' to the work Moscatel was hired to do. 'It is difficult to discern a conflict of interest in this scenario,' the memo states. On Wednesday afternoon, Vance said she had not yet read the memo, but when told all six allegations were considered 'not substantiated,' she declined to comment. Ellsworth, who has been on the opposite side of an intra-party division as Regier that has roiled the Senate this session, said he had read parts of the memo and that they are 'totally inaccurate.' He said he would still like to see the matter referred to the Ethics Committee. 'I trusted that the Auditor would do his job. I verified that the Auditor has not done his job,' Ellsworth said, also taking issue with the fact that the auditor released findings on Ellsworth after just one week, while Regier's investigation took three. The Legislative Audit Division said it is not typical practice to publish findings on unsubstantiated reports to its fraud hotline, but the public nature of the current investigation — stemming from a vote on the Senate floor — led to a public document. 'Accordingly, although we will not be making any further public comments on this matter or releasing our investigative documents, we believe the enclosed memo is a public document and can be disclosed by Senate leadership,' said Legislative Auditor Angus Maciver said. At the press conference, Regier called for apologies from the Free Press and Sen. Vance, not for himself, but for 'victims of their actions,' including legislative staff and Moscatel, a private citizen. He also said he remains committed to making legislative and budget appropriations processes as transparent as possible, even in the face of misinformation. 'I remain committed to rooting out corruption and unethical behavior at the Legislature and also in this state government, and I'm going to continue to do that no matter what the retaliation or false allegations are to anyone that tries to shoot me next time,' Regier said. audit memo Regier
Yahoo
07-03-2025
- Politics
- Yahoo
Senator lobs ‘waste, fraud and abuse' allegations at Senate President Regier — who rejects claims
Senate President Matt Regier, R-Kalispell, testifies in front of the Senate Judiciary Committee on Wednesday, February 12, 2025. (Nathaniel Bailey for the Daily Montanan) On the last day before the 69th Montana Legislature adjourned for transmittal break and after the Senate held a marathon floor session to debate and vote on 99 bills, one lawmaker stood up and unleashed a series of allegations against the Senate president, requesting the chamber open an ethics investigation. The allegations by Sen. Shelley Vance, R-Belgrade, stem from an article published by the Montana Free Press earlier this week, which laid out a series of actions taken by current Senate President Matt Regier, R-Kalispell, when he hired a lawyer using taxpayer funds during the 2023 session and interim period. 'It's a witch hunt,' Regier told reporters after the Senate adjourned, adding that every action he took was '100% legal and business as normal.' This marks the second time the legislative auditor has been asked to look into waste, fraud and abuse allegations against a sitting senator. Earlier this year, an investigation into former president and current Sen. Jason Ellsworth, R-Hamilton, began with the auditor and led to a full Senate Ethics Committee investigation, which is scheduled to hold a hearing on Friday morning. Thursday, a substitute motion was made to ask the Legislative Auditor to look into the allegations and publish findings before the Senate takes further action. According to the article Vance cited, Regier hired a private attorney 'to serve as his partisan lawyer' while Speaker of the House, despite legislative rules not allowing for the Speaker to have his own lawyer — he had to share one with then-Senate President Ellsworth. To change that rule, Regier brought forth a bill in 2023 for an additional partisan attorney, but the bill failed to pass. Records cited by MTFP indicate Regier used public funds to pay attorney Abby Jane Moscatel $22,970 for the 2023 session. Currently, Moscatel is under a joint contract by Regier and current Speaker of the House Brandon Ler, R-Savage, to provide legal services during the session. In her motion, Vance requested the Senate refer a matter of ethics regarding the 'conduct of President Matt Regier' to the Senate Rules Committee. She said she had read the MTFP article and was 'greatly troubled.' 'I believe we need to engage in further investigations,' Vance said. She asked the committee to address the following questions: Why Regier hired an attorney after the bill to authorize and fund the work failed; Whether Regier engaged in 'waste, fraud and abuse' by hiring an attorney to perform legal tasks that the legal staff and legislative services typically perform; Whether Regier acted unlawfully by using state resources to pay for legal services related to a private matter related to two constitutional initiatives last year; Whether Regier engaged in waste, fraud and abuse by attempting to evade limits of spending authority; Whether Regier acted unlawfully by directing his attorney to perform legal work on state and federal immigration laws without authority; and Whether Regier failed to disclose a conflict of interest. 'Mr. President, these are many of the same issues raised in the matter involving Senator Ellsworth,' Vance said. 'Since we referred Senator Ellsworth to ethics, it only makes sense we begin a similar investigation into the current president of the Senate as well.' Sen. Ellsworth, R-Hamilton, is currently under an investigation by the Senate Ethics Committee, as well as under criminal investigation by the Department of Justice, for a contract he entered into last December with a business associate for $170,100. Regier referred allegations of impropriety against Ellsworth to the Legislative Auditor, who released a memo that said Ellsworth's actions constituted waste of government resources and an abuse of power. In response to Vance's motion, Sen. Daniel Zolnikov, R-Billings, made a substitute motion to send the questions about Regier to the Legislative Auditor. 'This would be consistent with the process that the former president went through,' Zolnikov said. 'We should attempt to stay consistent. Let the auditor do the report and let him do the findings. That will be intellectually honest and consistent.' The Senate voted 34-16 to send the matter to the auditor, with Regier voting in favor. Vance and Ellsworth voted against the substitute motion. 'I'm happy to send it to audit and expect 100% exoneration, and then we can get back to really rooting out corruption,' Regier told reporters. 'I'm worried about corruption in this building, and how do we root that out. And if there's a cost to standing up to corruption, I'm ready to pay that.' Ellsworth and Regier have been on opposing sides, despite being members of the same Senate majority party. On the first day of the session, Ellsworth and eight other Republican senators joined all Democrats in changing Senate rules decided on by the GOP leadership. Since then, Democrats and the nine Republicans including Vance have formed a 'working majority' coalition to stymie Regier's agenda and push through some legislative priorities. Senate Minority Leader Pat Flowers, D-Belgrade released a statement about the allegations against Regier: 'Fairness, government transparency, and integrity are core values for my caucus and for our constituents. The allegations of activities of President Matt Regier are serious. We must have accountability in this matter and stay on track to deliver results for Montanans. A review of the allegations by the Legislative Auditor is an appropriate place to start.'
Yahoo
06-03-2025
- Politics
- Yahoo
Legislature passes halfway point, debates nearly 250 bills in final days before transmittal deadline
The Montana Senate is seen during the Wednesday, February 12, 2025 session. (Nathaniel Bailey for the Daily Montanan) It's day 47 of the 69th Montana Legislature and lawmakers are deep into the second of two full-day floor sessions. The Legislature blew past the halfway mark of the 90-day session this week and is approaching the transmittal break — five days when lawmakers won't meet — which will last until March 14. Transmittal is one of the first deadlines set by the Legislature to ensure progress is made on the body of proposed laws under consideration for the session. Normally the halfway point of the session, legislative leaders this year delayed transmittal by three days to day 48 of the legislative session, March 7. Transmittal marks the deadline for general bills to pass through at least one chamber, or the bill is considered dead. The exceptions to this rule are revenue, appropriations or referenda bills, and joint resolutions, which can be introduced up until the 62nd legislative day. 'I'm glad that there's a transmittal deadline, otherwise legislators would just keep procrastinating into 2026 I'm sure,' Senate President Matt Regier, R-Kalispell, told reporters on Tuesday. 'It's always a rush like this at the end.' To get through the maximum amount of bills in the finals days before transmittal, both chambers began holding marathon days of hearings — starting as early as 7 a.m. in some committees and running late into the evening earlier this week. Wednesday and Thursday were full-day floor sessions with each chamber gaveling in for a morning and an afternoon slate of bills to debate and vote on. Over two days, the House scheduled 141 bills for floor debate and the Senate scheduled 99 — though a few were debated both days — roughly 17% of all 1,417 bills introduced this session, according to the Montana Free Press Capitol Tracker. That number does not include forthcoming appropriations bills, or a number of draft requests for the Senate to approve gubernatorial appointments According to the online legislative bill tracker, lawmakers requested 4,440 total bill drafts — just shy of the the 2023 session record of 4,643. That session, 1,698 bills were introduced and 885 were adopted and signed by the governor. Both chambers will be in on Friday for floor sessions for final third reading votes on all bills that pass an initial chamber vote today.
