2005 Montana Legislature

SENATE JOINT RESOLUTION NO. 7

INTRODUCED BY WEINBERG, BARKUS

A JOINT RESOLUTION OF THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA RECOGNIZING THE IMPORTANCE OF THE TRANSBOUNDARY REGION OF THE FLATHEAD LAKE AND RIVER DRAINAGE; URGING THAT THE GOVERNOR OF MONTANA NEGOTIATE AN OPERATING AGREEMENT WITH THE GOVERNMENT OF BRITISH COLUMBIA; AND URGING THAT THE INTERNATIONAL JOINT COMMISSION CONDUCT AND COMPLETE AN ENVIRONMENTAL ASSESSMENT PRIOR TO A FINAL DECISION ON COAL BED METHANE AND OTHER HYDROCARBON DEVELOPMENT IN THE VALLEY OF THE FLATHEAD RIVER AND CRITICAL ADJACENT ENVIRONS.

     WHEREAS, the people of Montana are grateful to God for the quiet beauty of our state, the grandeur of our mountains, the clarity of our skies, and the purity of our water; and

     WHEREAS, Montana has recognized that all persons are endowed with the inalienable right to a clean and healthful environment; and

     WHEREAS, the Flathead river system and Flathead Lake contain some of the most pure water in Montana, the nation, and the world; and

     WHEREAS, the Flathead is recognized nationally and internationally for its unique and invaluable attributes and characteristics as evidenced by the establishment of Waterton-Glacier International Peace Park; the Great Bear, Bob Marshall, and Mission Mountains Wilderness; the Wild and Scenic Flathead River system; and the International Biosphere Reserves; and

     WHEREAS, the long-term economic vitality of northwestern Montana depends in significant measure on preserving world-class waters, fish, wildlife, clean and clear air, and recreational opportunities; and

     WHEREAS, Montana recognizes the sovereign right of Canada and the Province of British Columbia to govern their territory and also recognizes that with rights come attendant responsibilities; and

     WHEREAS, Montana supports responsible mining and extraction of hydrocarbons, including coal, coal bed methane, oil, and natural gas, where it can be ensured that there will be no unacceptable adverse environmental impacts; and

     WHEREAS, resolutions of the Legislature in 1975 and 1989 called on British Columbia to take every possible precaution not to degrade the air and water in the Flathead drainage; and

     WHEREAS, on the 15th day of September 2003 the Governor of Montana and the Premier of British Columbia signed a historic environmental cooperation arrangement pledging mutual cooperation and understanding in transboundary issues and requiring a further operating agreement and action plan to be negotiated to implement the agreement; and

     WHEREAS, new proposals for coal and coal bed methane development in the Flathead valley and critical adjacent environs in British Columbia are imminent possibilities; and

     WHEREAS, there has not been a complete environmental assessment of the impacts of new coal field development on the valley of the north fork of the Flathead River and critical adjacent environs; and

     WHEREAS, former Governor Judy Martz and the Montana Congressional Delegation have all requested that a comprehensive environmental assessment be completed prior to coal bed methane gas development in the Canadian headwaters of the Flathead River; and

     WHEREAS, the International Joint Commission has expressed its readiness to assist the U.S. and Canadian governments in preventing and resolving environmental disputes in the transboundary areas addressed in this resolution.

NOW, THEREFORE, BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA:

     That the Governor of Montana be urged to negotiate an operating agreement with the Premier of British Columbia that implements in a meaningful and measurable manner the 2003 environmental cooperation arrangement to resolve transboundary issues.

     BE IT FURTHER RESOLVED, that the Legislature of the State of Montana urges that the International Joint Commission conduct a comprehensive environmental assessment of the impacts of developing hydrocarbon resources on the transboundary resources and waters of the valley of the north fork of the Flathead River and critical adjacent environs prior to a final decision on whether or not to approve hydrocarbon development and in particular coal mines and coal bed methane in these transboundary areas.