Bitterroot Star - January 25, 2023

Nora Healy is a ffth generation Montanan. She graduated from the University of Montana with her Bachelors in Nursing in 2011. She went on and completed a graduate degree in advanced practice nursing and a certifcation in family medicine in 2019. For the last 2 1/2 years she has been providing comprehensive mental health and substance abuse treatment. As a Family Nurse Practitioner at Sapphire Community Health she provides family medicine and behavioral health needs. She enjoys caring for residents in her rural community. In her free time, she enjoys spending time with her family and being outdoors.

Dolls are labor of love for Stevensville woman

Lyn Graves of Stevensville, a retired teacher and Western heritage artist, recently completed an historically accurate set of dolls depicting England’s notorious Henry VIII, his six wives and his three children. The dolls were part of a recent exhibit at the Museum at Historic St. Mary’s Mission in Stevensville, where Graves is a volunteer.

Graves worked on the set of dolls for 20 years, completing it this past December. She did everything from start to fnish, including casting and painting the porcelain heads, building the bodies, sewing the elaborate, period-correct clothing, and making the jewelry. She did extensive research for the project, and said the dolls are now for sale.

Lyn is pictured at right with the dolls that depict the six wives of Henry VIII. Below, left to right, are her dolls depicting Henry VIII, his daughter Elizabeth I, and his sixth wife, Catherin Parr, enlarged to show some of the detail.

There were many other dolls on display during the exhibit, which featured the collections of members of the Bitterroot Blizzard Doll Club. The doll club meets the second Thursday afternoon each month at a member’s home. Contact Kay Schrader at 406-360-7214 or schrader1501@blackfoot.net for more information about the club.

Catholic Men of the Bitterroot Valley: Have you been desiring to commit more to your Catholic faith, but are unsure of how to do it? Are you longing to connect in deeper friendship with other men of faith?

Do you want to contribute more in service to your parish?

This retreat is for you.

Catholic Men of the Bitterroot Valley: have you been desiring to commit more to your Catholic faith, but are unsure of how to do it? Are you longing to connect in deeper friendship with other men of faith? Do you want to contribute more in service to your parish? This retreat is for you. Come as fathers and sons, brothers, friends and neighbors

Come as fathers and sons, brothers, friends and neighbors.

Are You All In?

Men’s Retreat Presented by Fr. John Martin, S.J.

Men’s Retreat

8:30 - 3pm Feb 4, 2023

Presented

John

St. Francis of Assisi Pastoral Life Center 411 S 5th St, Hamilton, MT

Register now: call or email the St. Francis of Assisi parish office, or drop by (406-363-1385, mail@stfrancishamilton.org)

Free will offering

Fr. Martin is a member of the Ravalli Jesuit Community in Missoula. Originally from the San Francisco area, he attended Carroll College for 1 year, and then graduated from the University of Notre Dame. He then served 3 years as an infantry officer in the Marine Corps, including a tour in Viet Nam at the end of his 3 years. Following military service he spent 2 years on a sailboat in the Pacific, including an 18 month voyage from Hawaii to Australia. Fr. Martin has served in parishes and in province administration. Prior to joining the Jesuits he worked in business, including the Southern Pacific Development Company.

Fr. Martin is a member of the Ravalli Jesuit Community in Missoula. Originally, from the San Francisco area, he attended Carroll College for 1 year, and then graduated from the University of Notre Dame. He then served 3 years as an infantry ofcer in the Marine Corps, including a tour in Viet Nam at the end of his 3 years. Following military service he spent 2 years on a sailboat in the Pacifc, including an 18 month voyage from Hawaii to Australia. Fr. Martin has served in parishes and in province administration. Prior to joining the Jesuits he worked in business, including the Southern Pacifc Development Company.

King Henry VIII of England, porcelain doll by Lyn Graves. Photo by Victoria Howell.

Anne Boleyn, second wife to Henry VIII who had her beheaded. “King Henry VIII, to six wives he was wedded. One died, one survived, two divorced, two beheaded.” Doll created by Lyn Graves. Photo by Victoria Howell.

Catherin Parr, Queen of England and Ireland as the last of the six wives of King Henry VIII from their marriage on July 12, 1543 until Henry’s death on January 28, 1547. The doll was created by Lyn Graves. Photo by Victoria Howell.

by Michael Howell

Geof Fitzgerald was awarded the Bitterroot Chapter of Trout Unlimited’s Earl Little Memorial Award in November 2020. Due to the Covid-19 pandemic and subsequent suspension of in-person meetings, however, the award was not actually handed of until last Thursday. Earl Little, who died in 2018 at age 78, was a long-time steward of conservation and education in the Bitterroot with a special focus on youth education and the Earl Little Youth Education Award of Excellence was established to recognize those who excel as youth educators.

Little was born and raised in Wisconsin, and after college, he worked as a Juvenile Ofcer and a Game Warden. An accomplished angler, fy tier and gifted teacher, he became a successful outdoor writer. After his retirement, he and his wife Joan moved to the Bitterroot and became regular fxtures at youth education programs all over the valley.

Among his numerous accomplishments after arriving in the valley was becoming a founding organizer of BRTU’s Bitterroot Buggers more than two decades ago. The Bitterroot Buggers is a class for boys and girls ages 9–14 that introduces them to fy

tying and fy fshing basics and conservation. The class has been ofered continually since 1998 to Bitterroot youth and has graduated more than 1000 students. The class is limited to 30 beginners and 10 advanced students to ensure quality instruction by Bitterroot volunteers. Curriculum covers fy tying, casting, entomology, safety, knots and ethics.

The latest recipient of the award,

Geof Fitzgerald, is a Past President of BRTU. He holds a BA Degree in Fish and Wildlife Management from MSU and has worked with US Fish and Wildlife Service, Montana Natural Heritage Program through the Fisheries Cooperative at MSU, Idaho Fish and Game on whirling disease and with the Eagle Fish Health Lab. He also has been a raptor research technician, and owl biologist in both

Montana and Oregon and a site leader through MT Defenders of Wildlife for a wolverine project.

“Most notably, and the reason for his nomination, he taught Entomology and Bug ID to the Bitterroot Buggers and our adult fshing classes for over 12 years,” said Bitterroot Bugger Greg Chester who was on hand to present Fitzgerald with the award plaque.

Chester said that Fitzgerald uses a combination of primers with comprehensive descriptions of aquatic invertebrates. He also brings in aquaria full of bugs he captures earlier on the day of his class.

“The kids and grownups at the Buggers classes thoroughly enjoy these hands-on presentations,” said Chester.

“After class, he returns the captured bugs into the same water whence they had been captured - a true conservationist!” He said the detailed handouts Fitzgerald created for the students received “rave reviews” from at least two noted fy fshing authors, Rick Hafele and Dave Hughes.

“Along with his dedication to our watershed and stewardship promotion, Geoff is indeed a worthy recipient of this prestigious award exemplifying excellence in Bitterroot Valley youth education,” said Chester.

MDT plans bridge preservation work in Bitterroot

The Montana Department of Transportation (MDT) would like to announce and invite the public to comment on a proposal to preserve 41 bridges south of Missoula. These bridges are located on US Highway 93 (US 93) between Florence and Sula, the Eastside Highway, Victor Crossing, and Main Street in Hamilton.

Proposed work includes a variety of bridge deck repairs and preservation treatments.

The treatments include concrete deck repair, minor joint repair, crack sealing, thin lift overlays, and smoothing out bridge end transitions. Individual bridge decks may need only one or more of the listed treatments.

The bridges in this project have been identifed as candidates for rehabilitation due to the wear and cracking of their bridge decks. The purpose of this project is to repair and seal bridge decks to increase

the service life of the bridges in a cost-efective manner.

Construction is tentatively planned for 2024 depending on completion of design and availability of funds. No new right-of-way or utility relocations will be needed.

An important part of properly planning for future projects is partnering with the community. The Montana Department of Transportation welcomes the public to provide ideas and comments on the

proposed project. Comments may be submitted online at http://www.mdt.mt.gov/contact/comment-form.aspx or in writing to Montana Department of Transportation, Missoula ofce, PO Box 7039, Missoula, MT 59807-7039. Please note that comments are for project UPN 9820.

The public is encouraged to contact acting Missoula District Preconstruction Engineer Ben Nunnallee at 406523-5846 or Project Design

Engineer DeWayne Wilson at 406-444-4933 with questions or comments about the project.

Alternative accessible formats of this document will be provided on request. Persons who need an alternative format should contact the Ofce of Civil Rights, Department of Transportation, 2701 Prospect Avenue, PO Box 201001, Helena, MT 59620. Telephone 406-444-5416 or Montana Relay Service at 711.

Geof Fitzgerald, left, is the recipient of the Earl Little Youth Education Award of Excellence presented by Bitterroot Trout Unlimited. TU’s Greg Chester, right, made the presentation. Photo by Michael Howell.

CAUCUS: legislature not far enough to right, says

erally regarded as a comparatively moderate member of the Republican caucus, briefy appeared, generating some chittering from the crowd. She had an invitation, she noted.

Unlike in Washington, D.C., where Republicans have a 10-seat majority in the House and a minority in the Senate, the GOP has a vise grip on state government in Helena, with a bicameral legislative supermajority and Republicans holding every statewide ofce from the governorship on down. In the 2021 session, the Legislature, led by the state’s frst Republican governor in 16 years, passed restrictions on abortion, tax cuts, an expansion of permitless carry and a litany of other conservative priorities.

By all accounts, the 2023 session, with its even larger Republican majority, will look similar.

But Helena, Manzella said, has not moved far enough to the right.

“Do you ever wonder why we send conservative majorities to Helena but we still seem to creep to the left?” she asked the audience. “We do too. That’s what we’re all about.”

For the new state Freedom Caucus to adopt an issue as a priority, 80% of its members must agree, Manzella said. On Thursday, the caucus announced fve legislative priorities: judicial reform; spending down the state’s roughly $2 billion budget surplus in the form of tax rebates; parental rights, including school choice and “curriculum transparency”; election integrity; and preventing foreign nations from purchasing or controlling Montana land.

Already, those priorities are beginning to manifest in legislation. Rep. Jerry Schillinger, R-Circle, said the caucus has a bill in the works for a $1.25 billion tax rebate, a greater sum than in any other tax plan so far put forth by lawmakers or the governor’s ofce.

Rosendale and caucus members also spoke of medical freedom, apparently using the phrase to reference vaccine skepticism rather than abortion access, a target of ire among the GOP’s right fank.

Sen. Barry Usher, R-Billings, the caucus’ treasurer, said he doesn’t believe “medical freedom” means access to abortion or medical care for transgender people, but noted that the caucus doesn’t have an ofcial

Free Throw contest results

The Knights of Columbus Councils 6130 of Hamilton and 13093 of Stevensville held their annual Free Throw Championship January 11 at the Hamilton Middle School.

Forty kids participated in this event which was the District competition, with scores of the individual champions entered into the State competition. Last year six local winners became state champions.

The Knights thanked all the participants and volunteers who make this event possible, and Tanin and Faver Buhler and their staf at BJ’s for preparing the pizza served to the contestants after the event.

Here are this year’s District champions:

Age 9 girls - Ardyn Hochhalter

Age 9 boys - Memphis

Kearns

Age 10 girls - Pressley

Neuman

Age 10 boys - Braeden

Monaco

Age 11 girls - Cydnee

Thomas

Age 11 boys - Kaden

Sargent

Age 12 girls - Jaelyn

Harris

Age 12 boys - Trenton

Clemons

Age 13 girls - Taryn

Hochhalter

Age 13 boys - Luke McCarthy

position.

“I believe that we have not discussed that and we have not taken votes on that, so as a caucus, I can’t say that we’re for or against that,” he told Montana Free Press in reference to abortion. “And I think you all know my position.”

The Montana Freedom Caucus got of the ground with a call last year from Rosendale to Manzella.

“I said, look, Montana needs a Freedom Caucus. We have these supermajorities in both chambers of the Republicans, but they need to have a smaller group that can be the unifed voice, the organized, unifed voice for the conservative movement,” Rosendale told reporters after the event.

Manzella assembled a list of potential members, and the national organization audited their voting records and personal backgrounds.

“They checked our voting records and they checked our backgrounds, because they do not want to be embarrassed by any skeletons in our closet, or people who might claim to be conservative but really aren’t,” Manzella said.

“Have you ever dealt with anyone like that?” she asked the audience, to laughter.

In December, the group went to Washington, D.C. to meet with

Rosendale said the national caucus can provide resources — speakers, expertise, general information — to the local afliates. He said he hadn’t “given a thought” to whether that would include fnancial support.

The group is also paying for a state director, Lewis and Clark County Republican Central Committee Chair Darin Gaub.

Usher said the possibility of a fnancial arrangement remains open. He solicited monetary pledges from the audience, and noted that the caucus could form a political action committee.

“If we become a PAC, you know, we’re going to need money, right? So I’ve already got two people that have said, ‘Yeah, we’re going to give money.”

As the Republican

caucus in the Montana Legislature has grown, so too have its apparent divisions between hardline conservative ideologues and pragmatists willing to collaborate on bipartisan agendas. The formal creation of a voting bloc in the mold of a national caucus that’s made a name by sticking fngers in the eyes of Republican leadership could infame that dynamic.

Rosendale said Thursday that party unity is secondary to the mission at hand.

“You can’t put the same people in ofce and use the same rules and think that you’re going to have a diferent outcome,” he said. “If you want change, you have to make change. When you’re taking power from someone, they will not relinquish it. You have to take it from them.”

In an interview Tuesday, House Speaker Matt Regier, R-Kalispell, said he was not concerned about the creation of a new faction within the larger Republican caucus.

“My take here as leadership is I’ve got a caucus of 68 and that’s the Republican caucus,” Regier said.

“There’s a sportsmen’s caucus, there’s the freedom caucus, there’s all sorts of diferent caucuses that have their own agendas and what they want to do for top priorities. But at the end of the day, we’ve got 68 Republicans out of 100 in the House here, and it’s going to take us 51 to pass a bill across the foor.”

In a statement this week, minority-party Democrats described members of the Montana Freedom Caucus as “extremists” intent on destroying Montana’s public institutions and eroding freedoms. They contrasted the small-government attitudes of the group with the fact that many of its members’ businesses benefted from federal subsidies and forgivable loans during the COVID-19 pandemic.

Ask an Atoney

by Greg Overstreet

When I was a kid, my three-legged dog Jerry bit a neighbor. I remember the insurance adjuster – one of the few people I’d ever seen with a suit on in my town of 60 people – came out and started asking our neighbors if Jerry had ever bitten anyone else. Turns out the adjuster was applying the “one-bite” rule.

This is a rule in civil and criminal cases in many states that provides that an animal owned by a person gets one free bite of a person before there is liability. More precisely, the “one-bite” rule is that the owner of an animal is not civilly or criminally liable for the injury his or her animal causes if the owner had never known the animal to bite someone – thereby showing that the owner was not on notice of the dangerousness of the animal. In general, an owner is strictly liable – that is, liable regardless of fault – for the injury his or her animal causes if he or she knows the animal is dangerous, as evidenced by the animal having bitten someone in the past.

But, once again, Montana has a diferent rule than most states. In Montana, there is no “one-bite” rule – instead, the owner is strictly liable even if the dog has never previously bitten anyone – if … this is kind of weird … the dog is within the city or town limits. The statute for those who don’t believe me is MCA 27-1-715. So if you’re out of the city or town limits in the county, the “one-bite” rule presumably applies; if you’re inside city or town limits, it’s the “zero-bite” rule. It is unclear why dogs get a free bite in the county but not in a city or town. The legislature does strange things.

By the way, the neighbors said they’d never seen Jerry bite anyone. So we didn’t get sued. (We were in the county.)

For a copy of this Ask An Attorney column, including hyperlinks to the referenced resources, go to www.OverstreetLawGroup.com/blog

This information is of a general nature; exceptions to these general statements might exist. This information is for general educational purposes only; no attorney-client relationship with Overstreet Law Group, LLC is formed unless a person enters into a written representation agreement with the frm.

What Is The ‘One-Bite’ Rule and What’s Weird About Montana’s Version of It?

Rosendale and the State Freedom Caucus Network for training. The network is an organization afliated with the Congressional Freedom Caucus launched in late 2021. It’s led by Republican operative and former Club for Growth Executive Director Andy Roth and former House Freedom Caucus Executive Director Justin Ouimette. The chapter in Montana is one of a dozen state legislative caucuses across the country.

Republican Montana Congressman Matt Rosendale speaks at the launch of the Montana Freedom Caucus in Helena on Jan. 19 as Sen. Theresa Manzella, Chair, and other members look on. Photo credit: Arren Kimbel-Sannit/MTFP.

Report from the House Report from the Senate Common sense housing reforms Convention of States makes sense

Greetings from Helena! This is my frst report to Ravalli County citizens on happenings at the Montana Legislature. More will follow.

Few controversial bills have yet reached the foor of either the House or the Senate. As more bills receive committee hearings, this period of relative quiet is coming to an end. So expect things at the Capitol to become more interesting.

The over billion-dollar revenue surplus is a primary focus right now. Citizens across the state have various opinions on how best to use these funds. Some want some or all of the money rebated to taxpayers, although there is disagreement on whether rebates should go to income taxpayers or to property taxpayers. Others favor paying of state debt and other long-term fnancial obligations to make way for ongoing tax cuts.

urge you to read SJ 2. You will discover that it is not designed to strip citizens of their rights or to abolish the 2nd Amendment. Also, check Article V of the Constitution, where you will fnd that it requires two-thirds (34) of the states to call for a convention; that a convention of the states cannot change the Constitution, it may only propose amendments; and that three-fourths (38) of the states must ratify proposed amendments before any change to the Constitution can be made. I favor SJ 2 because it ofers a constitutionally permissible path for reining in the out-of-control federal spending that is fueling federal overreach and that threatens America’s fnancial future.

by David Bedey

The Governor has put forward a plan. So have several legislators. We are in the process of pulling these ideas together so that prudent decisions can be made concerning the surplus. Expect considerable movement on this issue within a couple of weeks.

Another hot topic is Senate Joint Resolution 2 (SJ 2), which seeks for Montana to join other states in a call for a “convention of the states” limited to proposing amendments to the Constitution that would “impose fscal restraints on the federal government, limit the power and jurisdiction of the federal government, and limit the terms of ofce for its ofcials and for members of Congress.” The John Birch Society has spearheaded a state-wide campaign to defeat this resolution.

Before making up your mind, I

I will close this report with an observation on recent changes made to the House’s rules.

House Resolution 1 (HR 1) is not revolutionary, it merely brings House rules into alignment with longstanding Senate rules. No longer can a presiding ofcer arbitrarily silence the voices of over 10,000 Montanans by refusing to allow their representative to speak. And now it is easier for bills trapped in a committee to get fair consideration on the House foor. When I ran for reelection, I promised my constituents that I’d work on restoring civility in politics. Fairness and civility go hand in hand. Fair rules have not given Democrats control of the House. I am confdent conservative ideas will prevail in a contest of ideas. There is no need to fx the rules of the game to achieve that outcome.

David Bedey, a Republican, represents House District 86 in the Bitterroot Valley.

Many areas of Montana, including in the Bitterroot Valley, are facing a crisis of housing availability and afordability. It’s one of the main issues at the Legislature this session, and one of my bills is part of the reforms we’re working on. Senate Bill 158 would allow families to transfer ownership of properties located within subdivisions to other family members.

This “family transfer” proposal is a pro-housing and pro-family piece of legislation. It’s about giving Montanans more freedom to help their family members fnd a place to live. The bill can help parents keep their kids in the state and help adult children care for elderly parents. It’s not a silver bullet that will solve Montana’s housing crisis by itself, but it’s a common sense step we can take to help many Montana families.

state. SB 158 creates an option for children to keep their parents close and to be able to care for them as they age.

Two more bills aimed at improving housing in Montana have also recently been heard. Senate Bill 130 allows counties to consolidate planning boards, zoning commissions, and boards of adjustment into a single land use board. This streamlining of the process should reduce the time it takes to fnish a housing project by reducing bureaucratic complexity.

by Jason Ellsworth

Too often in Montana we see younger generations leave for other states with more opportunities and more afordable housing. As the law currently stands, you cannot transfer ownership of property to family members if that property is in a subdivision. By changing that law, we are hopeful that more parents will be able to help their children own property and have a place to live.

Similarly, this bill makes it possible for adult children to transfer land to elderly parents. This is critical especially as senior care is becoming more and more scarce across the

Senate Bill 131 creates a deadline for local governments to approve or deny exempt subdivisions. Again, this bill would streamline the process, giving builders and would-be homeowners more clarity faster.

These senate bills are common sense improvements to the housing problems we are facing in Montana. There’s lots more work on housing still to do this legislative session, but these simple reforms are good initial steps in the right direction. Making housing more afordable and attainable in Montana will require many such steps aimed at addressing the diferent drivers of the housing problems we’re facing.

Jason Ellsworth, a Republican, represents Senate District 43 in the Bitterroot Valley and is the President of the Montana Senate.

Everything Real Estate 30 years experience working for you. Bitterroot Native 406-369-0210 bobp@windermere.com bobp.withwre.com

Darby Tigers best Victor Pirates, boys and girls

On Thursday, January 19th, Darby made the trip north to face Victor in an all-Bitterroot Valley matchup. The Darby Tigers dominated the court, winning both games.

The girls played frst and Darby won, 49-29. A close 1st quarter ended with Darby ahead, 15-10. Then the Lady Tigers outscored the Lady Pirates 18-4 in the second quarter to hold a commanding lead at halftime. It was more of the same in the second half as Darby controlled the game and got the win. For Victor, Abby Kay hit 4 three pointers en route to a teamhigh 12 points, and Nola Smorowski and Taylor McKinley each added 5 points. For Darby, Sierra Reed had a game-high 14 points followed by Kylie Schlapman with 10 points.

The boys’ game followed and Darby won, 60-42. The Tigers controlled the frst half behind a tenacious full court defense and led 29-13 at halftime. But Victor rallied in the third quarter, outscoring Darby 12-9. Victor got as close as 9 points, but everytime Victor made a push Darby had an answer and in the end the Tigers proved too much for the Pirates.

Darby had a well balanced attack.

Hooper Reed scored 14 points, Cullen Duggan and Stevan Gabric each had 13, and Nolan Lenny added 8. For Victor, Jordan McLane led all scorers with 19 points, followed by Landon Nuttall with 15.

On Saturday, the Darby boys hosted No. 9 Drummond and won, 53-52, in an exciting game. A close game throughout, Darby trailed by 3 going into the 4th quarter. The pivotal play came with 35 seconds left in the game. Drummond had the ball and a 51-47 lead. Then Darby’s Hooper Reed blocked a Drummond layup and he

passed it to Darby’s Cullen Duggan who raced the length of the court, made a layup, got fouled, and made the free throw; Darby then trailed 50-51. With 5 seconds left in the game, Drummond led 52-51 and was at the foul line with a one-and-one free throw opportunity. They missed the frst one and Darby got the rebound and Drummond fouled Cullen Duggan, giving him a one-and-one with

three seconds left. He made the frst one, tying the game 52-52, then coolly hit the second one to give Darby the lead, 53-52. Drummond missed a three-pointer at the buzzer, sealing Darby’s victory. The win avenged Darby’s 14-point loss to Drummond in December and increased Darby’s win streak to 7 games.

The Darby girls played No. 8 Drummond on Saturday and lost, 27-59. Kylie Schlapman had 7 points and Makena Hawkinson had 5. The Victor girls played Seeley on Saturday and lost, 18-54. The Victor boys played Seeley on Saturday and lost, 28-45. Brandon Bowen had 15 points and Landon Nuttall added 10.

Darby’s Kylie Schlapman (#20) tries to get position on Victor’s Virginia Brown (#25). Darby defeated Victor 49-29 on January 19th. Photo by Scott Sacry.

Victor’s Brandon Bowen (#1) tries to get around Darby’s Cullen Duggan (#3) in Darby’s 60-42 victory over Victor on January 19th. Photo by Scott Sacry.

River. Not long after the dam was installed, however, the perfect storm hit in 1908 and a massive 500-year food event washed all the waste ore that had been piled in large mounds at the smelter into Silver Bow Creek and fushed it down to the Milltown Dam which was topped by foodwaters estimated at 50,000 cfs going over the top of the dam.

The 1908 event washed approximately 100 billion kilograms of heavy metal-laden mine tailings sourced from Butte and deposited it along the foodplain of Silver Bow Creek and the Clark Fork River – an area stretching from Butte to Milltown Dam near Missoula. These wastes were laced with toxic levels of arsenic, cadmium, copper, lead and zinc, and distribution by the food left widespread contamination in the foodplains of Silver Bow Creek and the Upper Clark Fork River.

As a result of the heavy metals contamination in the basin, water quality and associated aquatic ecosystems were severely impacted. From the late 19th Century to the early 1970s, the Clark Fork River occasionally “ran red” with acid and smelting wastes discharged from the Butte mines and the smelter in Anaconda.

Upper Clark Fork River running red in the 1970s. Photo Credit: Clark Fork Coalition

Eventually ranchers along the Clark Fork near Deer Lodge sued the Anaconda Copper Company, which owned the mines, over the pollution and part of the settlement included creating the large settling ponds around Warm Springs to precipitate metals. The ponds are treated with lime to change the pH of the water, suppressing the breakdown of the toxic metals.

“The ponds are stocked with rainbows, but it is a treatment plant,” said Hackathorn. “They are settling ponds.” It is estimated that there is 19 million yards of contaminated material under the ponds that there is no plan to remove.

The open pit mining continued at Butte until the 1980’s when Atlantic Richfeld Company (ARCO) bought the mine. But the bottom dropped out of the copper market and the mine was not operated.

This, according to Hackathorn, was a major stroke of luck for the restoration eforts going on because the petroleum company that bought the mine is still solvent. If the Anaconda Copper Company had declared bankruptcy instead of selling out there would be no responsible party to pay for the clean-up. As it is, Atlantic Richfeld was left holding that responsibility and they are paying for a lot of the clean-up.

The pollution piling up behind the Milltown Dam was becoming an ever-increasing health problem as all the tailings behind the dam were being pushed down into the aquifer and arsenic was showing up in the drinking water wells in Milltown and Bonner. Then came some ice scours that threatened the dam in the late 1990’s and the reservoir behind the dam was drained. There was a fsh kill downstream. And in the intervening years pike had been introduced from Seeley Swan and out-competed the bull trout in the shallow warm reservoir. More bull trout were being found in pike bellies than there were moving down over the dam.

In 2003, Governor Judy Martz took action and three years later clean-up had begun.

Three million yards of contaminated soils were hauled out for deposition elsewhere by train. Another several hundred thousand yards is being stored on a nearby bluf. By 2011 the

entire project was complete.

While the basin was being evaluated for Superfund designation, in 1983 the state of Montana pursued legal action to address the widespread injuries to the state’s natural resources in the Upper Clark Fork basin and sued ARCO over it.

After 25 years of litigation, the lawsuit was resolved through a series of three settlement agreements, the last of which was fnalized in 2008 and resulted in ARCO paying the State more than $168 million for clean-up. Settlement funds have typically been divided between restoration and remediation. Remediation is primarily the process of cleaning up mining waste while restoration involves returning natural resources back to a healthy condition.

Since the U.S. Environmental Protection Agency and the State of Montana began suing ARCO in 1983, the company has paid out approximately $500 million for restoration and remediation projects in the Upper Clark Fork River Basin. $230 million from a 1999 settlement was paid for restoration in the whole basin from Butte to Milltown. In 2005 another settlement amount was dedicated to remediation and restoration related to the Milltown Dam removal. The latest settlement in 2008 brought in $168

but covering a larger area. According to Hackathorn, the big remodel job being done on the Clark Fork River is a lot like a house remodel. There are a lot of tradeofs made due to the limits on the funding.

“The assumptions that were made going into the project were way too rosy,” said Hackathorn. “We found way more contamination than we expected and the sheer volume of it all is the rub when it comes to cost.”

Although restoration actions are anticipated to enhance aquatic resources in the Basin, the Montana Natural Resources Damage Program has acknowledged that there are practical limits to how well the river basin can be restored. Over 100 years of

From Flint Creek to Rock Creek the numbers are about 50 per mile.

But below Rock Creek, numbers improve. The farther you go down river from the ponds and the Deer Lodge valley, according to Hackathorn, the numbers are getting better.

Hackathorn said that the experts are stumped over the reasons for the low numbers, but they are pretty sure that it is not due simply to the work that was done. It may be just due to the changed habitat plus the ongoing mining work or other reasons. Since it is mainly populated with brown trout, he said, they may be sufering from the same sorts of decline that brown trout populations are experiencing all over southern Montana. Right now, it remains a mystery.

Progress is being made in the tributaries that can expedite the repopulation of the mainstem, such as the work done on Silver Bow Creek. At the initiation of the remediation work in the late 1990s, the creek had been devoid of fsh for many decades. As remediation and restoration progressed, the fshery responded. Complementary work done on fsh passage and fow in a key tributary, German Gulch, allowed native fsh to recolonize Silver Bow Creek. By 2006, fsh were reported in Silver Bow Creek for the frst time in more than 100 years. A fshery assessment from 2015 found both native westslope cutthroat and brook trout along most of the length of Silver Bow Creek below Butte. Other promising results are showing up elsewhere such as in Flint Creek and the Little Blackfoot.

million for river foodplain remediation and restoration from below the Warm Springs holding ponds to Garrison Junction.

So, how is all the restoration and remediation work going?

Not as well as expected, it turns out. Based on the restoration plan the project was estimated to be accomplished in 2011 but work is still underway. Because of the huge amount of contamination that was discovered in the restoration process, it is now estimated that a full clean-up could take another 15 to 20 years.

“There was just a lot more contamination out there than anyone expected,” said Hackathorn “and to add to the problem the project is underfunded.” He said in the meantime the Berkley Pit (at Butte) began flling with toxic metal-laden water that is currently being pumped out and treated, but the pumping and treating is expected to go on indefnitely and at the same time mining of copper continues right alongside the current pit

intensive mining and mineral processing have damaged the natural resources of the Basin so extensively that “no amount of money can restore fully all

“The Upper Clark Fork watershed encompasses about 4,500 square miles with 120 miles of mainstem river and managing its rehabilitation is a unique challenge,” said Hackathorn. “It’s in the center of the largest geographic complex of Superfund Sites in the

the injured resources of the Upper Clark Fork River Basin.”

And what about the fsh?

Here again things haven’t gone exactly as expected. But a lot of headway has been made. Due to this contamination, the mainstem of the Upper Clark Fork River (above the confuence with Rock Creek) was devoid of fsh life from the 1890s to the late 1950s. While the lower part of the mainstem from Rock Creek to Missoula seems to be recovering in fsh population and is expected to reach levels comparable with other rivers in Montana, the upper section of the river from below the Warm Springs ponds to Rock Creek are showing very depressed populations in various places. Just below the ponds the fsh per mile increased to dozens and in places up to 200 per mile. But nothing close to the 2,000 per mile before the work started.

country.”

“This is all being done in support of the idea of trying to bring the river back to life and it’s a multi-decade process,” said Hackathorn. “At this point I just hope to see it done before I’m dead.”

Photos show before (left) and after (right) restoration work was done on Silver Bow Creek.

Health warning sign at Grant-Kohrs Ranch National Historic Site in Deer Lodge.

Casey Hackathorn, Upper Clark Fork Restoration project manager for National Trout Unlimited.

Upper Clark River running red in the 1970s. Photo credit: Clark Fork Coalition.

A friend of mine fished earnestly one day last week, hoping for some winter trout - and all he caught were five whitefish.

After a lengthy discussion of the possible causes for his misfortune we eventually agreed that it must have been the barometer. It could have been on a slow fall with the storms that were moving in.

He was fishing the #18 Red Zebra Midge I featured in last week’s column.

word probably thought we were expected to age gracefully without complaint.

After all, he was speaking to a generation that produced Mick Jagger, Hunter S. Thompson, Clint Eastwood, and Jimi Hendrix – a crew not given to aging gracefully, if at all. Maybe, all things considered, we could all stand to settle down a bit.

by

Whitefish eat little red flies all winter long. You’ll find whitefish in the slow-moving big eddies and edge waters along the lower thirds of deep pools where chironomids, or midges can occur in a biomass. The midge larvae turn red before they hatch, making them easy prey for the whitefish. You might say it’s a match made in heaven.

My friend was expecting trout – and got whitefish. I’d have considered that part of the game when you’re fishing in winter. Sometimes whitefish are the only game in town.

For me, it’d be no big deal. For him, somewhat of a vicissitude. That archaic word slipped back into modern parlance when President Obama was selling his health care plan and said that old folks would have to put up with the vicissitudes of life.

The vicissitudes of… something or other

The word vicissitudes was well chosen. Its sound tends to sugar-coat the meaning. Those who didn’t know the meaning of the

But I knew what he meant. I had studied semantics and linguistics at San Francisco State (as UC San Francisco was known then, the sight of the first student riots that set the stage for untold upheaval that followed, while the Grateful Dead were performing in Golden Gate Park.)

What’s a vicissitude, anyway?

I knew that a vicissitude was a sudden and unexpected change in fortune, particularly when something goes south.

It might be something so innocuous as catching whitefish when you expected trout. A heartbreaking vicissitude for some if you’re a dedicated flyfisher in pursuit of trout exclusively. It also depends on your outlook.

If you’re a flyfisher, carefully wading crotch-deep into a chilly winter or early springtime current to make a better cast, and suddenly discovering a leak at that depth in your waders - that’s a vicissitude we can all relate to.

Sometimes whitefish are the only game in town, and they’re different,

but not necessarily bad sport. They take gently in slow water; fishing for them can sharpen your skills with nymphs and strike detection. Whitefish are a delicacy when panfried or smoked, but you have to kill them. I guess that’s a vicissitude for the whitefish.

All vicissitudes aren’t the same

For the non-flyfisher, a vicissitude might occur if you’re driving to the store for milk and eggs, and your brand-new Tesla suddenly bursts into a ball of fire. Teslas sometimes do that.

You barely escape the flaming wreckage, trying to stay clear of the toxic fumes while you wait for the fire department to arrive in HAZMAT suits to put it out, and you say, “Ah, well… such are the vicissitude of life.”

Right.

Another Tesla vicissitudes might be to have its massive battery run out power on a backroad elk hunt,

with the nearest charging station about a hundred miles and expensive tow bill away.

I think I’ll pass – I hope Montana follows Wyoming’s lead and bans the sale of electric vehicles. In California they plan to require them.

My thirty-year-old old Dodge pickup suits me just fine. When I bought it, I anticipated that it would outlast me by just enough so I wouldn’t have to replace it before I kick off. Besides, I’m way short of the $50 K it would take to buy a Tesla if I lived in California.

If I had that $50 K, I’d buy a couple of Berkheimer fly rods and a new fishing vest, and spend some of the rest on travel. I’d go fishing in a few places where they still sell gasoline.

That’d take care of about half of it –I’d drop the rest into a few collection plates where it’d do the most good for the people who most need it.

Chuck Stranahan

Winter sport - whitefsh and small red-bodied Zebra Nymphs. Photo by Chuck Stranahan.

FOR SALE - ANTIQUES, COLLECTIBLES, FURNITURE, Western & Farmhouse Decor, at Attic Treasures, 239 N. 2nd Hamilton. 11 am. to 4 p.m. closed Sundays.

MINI-AUSTRALIAN SHEPHERD PUPPIES. Born mid-September. Well socialized. Ready to go. 406-381-9429.

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Montana 21st Judicial District Court, Ravalli County

In the Matter of the Name Change of Kathryn Wood Williams, Kathryn Wood Williams, Petitioner Cause No.: DV-2022459

Dept. 2

NOTICE OF HEARING ON NAME CHANGE

This is notice that Petitioner has asked the District Court for a change of name from Kathryn Wood Williams to Anna Kathryn Victoria Boykin.

The hearing will be in February, 2023, date to be determined. The hearing will be at the courthouse in Ravalli County.

DATED this 27th day of December, 2022.

Paige Trautwein Clerk of Court

BY: Timothy Nydell Deputy Clerk of Court BS 1-4, 1-11, 1-18, 1-25--23.

Naomi J. Cheeney Special Administrator Cheeney Law, PLLC PO Box 212 Hamilton, MT 59840

Phone: (406) 363-9060

MONTANA TWENTY-FIRST JUDICIAL DISTRICT COURT, RAVALLI COUNTY IN THE MATTER OF THE ESTATE OF JAMES P. MCDONALD, Deceased. Case No.: DP-23-03 Dept. No. 1 NOTICE TO CREDITORS NOTICE IS HEREBY

GIVEN that the undersigned has been appointed Special Administrator of the abovenamed estate. All persons having claims against the decedent are required to present their claims within four months after the date of the frst publication of this notice or said claims will be

forever barred.

Claims must either be mailed to Naomi J. Cheeney, Special Administrator, return receipt requested, at Cheeney Law PLLC, PO Box 212, Hamilton, MT 59840, or fled with the Clerk of the above-entitled Court.

DATED this 9th day of January 2023.

/s/ Naomi J. Cheeney, Special Administrator BS 1-11, 1-18, 1-25-23.

Naomi J. Cheeney Cheeney Law, PLLC PO Box 212 Hamilton, MT 59840

Phone: (406) 363-9060

Attorney for Co-Personal Representatives MONTANA TWENTY-FIRST JUDICIAL DISTRICT COURT, RAVALLI COUNTY IN THE MATTER OF THE ESTATE OF MELVIN CHARLES MOOERS, Deceased.

Case No.: DP-23-05 Dept. No. 1 NOTICE TO CREDITORS

NOTICE IS HEREBY GIVEN that the undersigned have been appointed Co-Personal Representatives of the above-named estate. All persons having claims against the decedent are required to present their claims within four months after the date of the frst publication of this notice or said claims will be forever barred.

Claims must either be mailed to Alan K. Mooers and Donald K. Mooers, the Co-Personal Representatives, return receipt requested, at Cheeney Law PLLC, PO Box 212, Hamilton, MT 59840, or fled with the Clerk

Co-Personal Representative /s/ Donald K. Mooers, Co-Personal Representative BS 1-18, 1-25, 2-1-23.

PUBLIC NOTICE

BitterRoot Bus and MR TMA of Missoula is applying for our annual 5311 grant from the Montana Department of Transportation.

BitterRoot Bus is required to discuss the current community Transportation Coordination Plan as well as fnalize the Coordination Plan before March 1, 2023.

BitterRoot Bus and MR TMA is required to hold public hearings to give all citizens the opportunity to review and comment on the proposed plan. Public hearings are set up for February 1, 2023 for discussion and February 22, 2023 for fnalizing the Coordination Plan at 310 Old Corvallis Rd. Conference Room at 10 AM.

Proposed plans are

available for review at:

BitterRoot Bus, 310 Old Corvallis Rd, Hamilton, MT 406-363-7484, Ask For: LaNette

MRTMA 2820 South Higgins, Missoula, MT 406-327-8707, Ask For: Lyn Any questions call either of the above phone numbers.

BS 1-25-23.

Montana 21st Judicial District Court, Ravalli County

In the Matter of the Name Change of Patricia Zaft Anderson, Patricia Zaft Anderson, Petitioner.

Cause No.: DV-23-21 Dept. 1

NOTICE OF HEARING ON NAME CHANGE

This is notice that Petitioner has asked the District Court for a change of name from Patricia Zaft Anderson to Patricia Joan Anderson.

The hearing will be on March 2, 2023 at 1:30 p.m. The hearing will be at the courthouse in Ravalli County.

DATED this 19th day of January, 2023.

Paige Trautwein Clerk of Court

BY: Catherine di Gleria

Deputy Clerk of Court BS 1-25, 2-1, 2-8, 2-1523.

PUBLIC NOTICE

NOTICE OF PUBLIC SALE Notice is hereby given to the person hereinafter named and to whom it may concern. For enforcement of a lien in the amount of $450, Venture West Storage, LLC, located at 1008 Hwy 93 N. Victor, MT, 59875, will sell

the contents of storage unit C-5, occupied by Rebecca Phillips, at auction to the highest bidder. Auction will be held at Venture West Storage, unit C-5, on Thursday, February 2, 2023 at 10:30 a.m. BS 1-25-23.

in the military. Perhaps they should forget Polaris and follow the “South Star” and go down to our Mexican border to do some volunteer work for the good of the country?

Jim Hamilton Florence

Let’s do more of this

A remarkable thing happened in Hamilton on Saturday, the 21st, at City Hall.

One hundred forty Montanans gathered to hear Mae Nan Ellingson talk about the 1972 Montana Constitution. She was the youngest of the 100 elected delegates.

She explained things that most of us did not know: its history, how it came to be; how the convention was organized and conducted; the extraordinary care they took to ensure it was a constitution for all Montanans, not just a few; the fact that they believed the constitution should evolve with the times, and built clear mechanisms to enact that. The delegates came to some hard questions, three that they thought the voters should decide, not them.So they put them on the ballot! Wow. There was more, but you get the drift.

Everybody left knowing more than when we started. Everybody left with a respect for the development itself. And everybody left with a new appreciation of what its authors had intended. All good as our current legislature is considering amendments.

More remarkable to me than the insights we gained was the spirit that infused the room. It was positive, respectful, neighborly and inclusive. It was friendly; everybody was welcome. For me it was a glimpse into how Montana was in some past, and a peek at what we might become again. We should do more events like that.

David Leslie Corvallis

Election integrity

So let’s talk about Election Integrity. It seems the Democratic party and the left leaning electorate have deep

concern that the Republicans and the right leaning electorate want more scrutiny and integrity in elections. How can that be a bad concern or issue? The left keeps saying there is “NO EVIDENCE OF ELECTION FRAUD”!

I will ask the left to consider that election fraud and election integrity are really two diferent animals.

Election fraud/integrity involves more than: The NEED for Voter ID, Ballot Harvesting on a grand scale, Printing 20” ballots on 19” paper, massive ballot machine malfunctions on election day in important locations, massive mail-in early voting, rank choice voting, refusals to debate, late night after midnight vote dumps, no late night next day ‘magic-mysterious’ ballot box discoveries, social media withholdings of serious damning candidate information, news media withholding serious damning candidate information, having the FBI, CIA, NSA and other high ranking government security ofcial falsifying information, news media spreading false information, social media spreading false information, left leaning organized riots that burn, loot and destroy, leaking supreme court decisions…etc, etc, etc.. The list goes on and on.

Election integrity could become a reality and it is very simple. Have an election day! One Man (person), One Vote. If it means MORE polling stations, then add more polling stations. No more nonsense, no more creative add-ons, no more questioning IF an election is or is NOT legitimate, rigged, frauded, cheated, scammed or stolen!

Voter Integrity!! It’s a REAL thing!

Gerry Cox Corvallis

Show me the faws

The US Constitution is under attack. Why? It is being used as a tool by nefarious people who want to shred it, write a new one, and turn us into a communist country. These people are very good at what they do, have lots of money and use their smooth words and charisma to feed the ignorance of people, and move their agenda forward. They even have their own little pocket guide to carry around so their subjects know what to say. Are they trying to mimic the pocket Constitution? The ones who have drank

the convention of states kool-aid have taken Article V and added words so it reads the way they want it to, so they can help push their leaders’ agenda. They are so brainwashed, they actually believe what they are saying to be true. Don’t believe me? Take out your pocket Constitution, read Article V, then look up what the convention of states say about it, and decide for yourself.

The US Constitution is NOT broken. We are. Article V is not the answer. The 10thAmendment is. We have always had the power. The States and We the People are given the power to put the Federal government back into its box. “We” have been lax in our duties to hold our representatives accountable. We all agree that the government is out of control. We let it happen. We all want a balanced budget. Take a look at Congress’ enumerated powers and you will fnd the balanced budget. Term limits? Yep! We the People are the answer to that one also. Why would you want to term out people like Senator Theresa Manzella, who is a solid warrior for our rights and freedoms and takes her oath very seriously? We keep people like that so they can mentor the freshmen on how to know and uphold their oath! Then the ones who turn on us, like David Bedey and his 24 turn-coats, we absolutely get rid of them! You know what they say about 1 bad apple.

So show me the faws? Where is it broken? It’s not!

So leave it alone – Read It – Know It – Defend It!

Then you will not be taken for a ride by the people who hate this country and are trying to use our Founding document to destroy it!

Terri Lackey Stevensville

Biden classifed document fasco

In my last letter I ended it by suggesting I was sick to my stomach over current events, especially those related to President Biden, over-spending and the border crisis. Well, my sickness has deepened in the last few days.

President Biden fnally visited the border at El Paso but the area had been highly “sanitized” in that the migrant tent cities and trash had been magically cleaned up prior to his visit.

Additionally, he was carefully escorted so as to NOT encounter nor even see illegal migrants. This morning, as I write this, it has been acknowledged that the subject of this border crisis never came up in his meeting with the heads of Mexico and Canada. My reaction on hearing this was to jump to my feet and holler, “WHAT?” I personally consider this the greatest current threat to our country – particularly the “got aways” and illegal drugs being fooded across the border – and they didn’t have time to even discuss the situation? Folks, as I’ve contended before, this is pure treason on the part of President Biden!

In my last letter, I accused some of the current politicians of corruption by passing the latest government funding bill which contained enormous amounts of spending unrelated to the primary purpose of the bill, and was kept secret until after the last federal-level election. Yikes! We are now being told of classifed documents being found in at least two of President Biden’s former ofces. If the recent main-stream media eruption over former President Trump’s classifed documents case had you upset, then you should be REALLY upset over this. Again, it appears that this problem was also uncovered prior to the last election but held back until now. Other related problems in this case compared to the case against former President Trump:

The documents held by Trump were accounted for and under some security control by the Secret Service. Some of the Biden documents were in a “closet”?

Former President Trump had the authority to declassify classifed documents while Vice President Biden did not.

As a result of number 1, who had access to the Biden documents? His son Hunter should not since he was booted out of the Navy for drug abuse and therefore is not trustworthy.

I end this letter by asking again –“Why haven’t we heard anything from the Department of Justice and the FBI concerning Hunter Biden’s laptop?

Jerry Esmay Stevensville

Posting Date January 23, 2023

Federal predator-control program challenged in Montana

Last week, four conservation organizations challenged the U.S. Department of Agriculture’s (USDA’s) Wildlife Services predator killing program in Montana. The legal challenge also includes the U.S. Fish and Wildlife Service for approving the program’s killing and removal of threatened grizzly bears and targets Montana’s related predator control eforts, which remain largely unregulated in the state.

According to a press release on the lawsuit, Wildlife Services is a taxpayer-funded, federal program that targets and kills tens of thousands of native species in the U.S. each year, including birds, coyotes, badgers, foxes, wolves, mountain lions, black bears, and even threatened grizzly bears, largely to protect private agricultural and livestock interests. The federal program uses a variety of non-lethal and lethal methods to remove and kill species, including traps, snares, aerial gunning, and chemical poisons like M-44 sodium cyanide “bombs.” In Montana, Wild-

life Services also closely coordinates these eforts with two state agencies: the Montana Department of Livestock and Montana Department of Fish, Wildlife and Parks.

The new lawsuit maintains that Wildlife Services and the U.S. Fish and Wildlife Service failed to adequately consider and analyze how killing and removing dispersing grizzly bears (including females) moving between Montana’s recovery zones is adversely afecting the species’ longterm recovery in the region.

“The best available science reveals that the lack of connectivity and genetic interchange between grizzly bears in Montana’s recovery zones and the bears’ absence from the Bitterroots remains a threat to longterm recovery of the species in the lower 48 states,” said Matthew Bishop, an attorney with the Western Environmental Law Center representing the groups. “But the agencies aren’t taking this into account before killing and removing dispersing bears.”

The lawsuit also asks for a thor-

ough environmental analysis of Wildlife Services’ predator killing and removal program, including its efcacy and how it combines with Montana’s similar and increasingly aggressive eforts to kill predators like gray wolves to cumulatively impact predators in the state.

“Wildlife Services has once again relied on shoddy environmental analysis to rubber-stamp the killing of native carnivores on behalf of the private livestock industry,” said Lizzy Pennock, carnivore coexistence advocate at WildEarth Guardians.

The new lawsuit follows WildEarth Guardians’ successful 2019 case against Wildlife Services for relying on decades-old environmental analyses to support its predator-killing program in Montana. Settlement of that lawsuit resulted in the 2021 environmental analyses the conservation groups now challenge as inadequate. If successful, this lawsuit would require the agencies to complete new environmental and biological analyses, and temporarily halt

Wildlife Services’ unnecessary killing of grizzly bears in Montana pending compliance with the law.

In 2021, Wildlife Services reported that it intentionally killed more than 400,000 native animals nationwide including gray wolves and grizzly bears, and unintentionally killed more than 2,700 animals.

“This lawsuit is the frst step in exposing the dirty secret of predatory animal control ‘for livestock protection’ on our public lands,” said KC York, president and founder of Trap Free Montana. “The systematic destruction of predatory animals, enshrined in Montana statute, is as alive and well today as when it was written 100 years ago. Montanans, and all Americans, should expect better from both our state and federal wildlife agencies.”

The plaintifs on the lawsuit are WildEarth Guardians, Western Watersheds Project, and Trap Free Montana. The groups are represented by attorneys from the Western Environmental Law Center.

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