Affidavit of Clive RooneyWT 30' 00 (N10N) 16 , 41 DEPT- OF NATURAL RES
TF' 1 406 444 2684 F. 06!
Tommy H. Butler
Michael J_ Mortimer
Special Assistant Attorneys General
Montana Department of Natural
Resources and Conservation
P.O. Box 201601
Helena, MT 59620-1601
Post -le Fax We 7671
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MONTANA ENVIRONMENTAL )
INFORMATION CENTER, INC., )
CITIZENS FOR A BETTER )
FLATHEAD, INC., )
Plaintiffs, )
-vs- )
MONTANA DEPARTMENT OF )
NATURAL RESOUKCFS AND)
CONSERVATION, and MONTANA )
BOARD OF LAND COMMISSIONERS, )
Defendants. j
STATE OF MONTANA
County of Lewis and Clark ).
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Clive Rooney, having first been duly sworn, deposes and says;
I am the Special Uses Bureau Chief of the Trust Land Management Division of
the Montana Department of Natural Resources and Conservation (DNRC);
As the Special Uses Bureau Chief, I am responsible for the implementation of the
Montana Environmental Policy Act, Sections 75-1-201, et seq., MCA, to examine
the impacts of any development or lease upon Section 36, Township'29 North,
Range 22 West, MPM in Flathead County, Montana, which is the parcel disputed
P. 002
in the abovecaptioned action. I am also responsible to see that lands under the
jurisdiction of my Bureau are utilized and managed so as to maximize their
financial return for the benefit of specified state institutional beneficiaries, as
required by the State's Enabling Act and the 1972 Montana. Constitution;
3, It is the intent of the State Board of Land Commissioners and the Department of
Natural Resources and Conservation (DNRC) that the disputed state lands in this
matter, which lie directly to the north of the city of Kalispell, be developed in
accordance with the wishes of the citizens of Flathead County and the city of
Kalispell as expressed in their local planting processes. It is also the Board's and
the DNRC's intent that they comply with their legal duty to utilize these lands for
the financial benefit of Montana's schoolchildren. In balancing these objectives,
the Board and DNRC have sought to assure the city and County that they will
comply with local planning processes as the Board considers whether or not to
develop this land.
4. As of the date of my Affidavit, neither the DNRC or the State Board of Land
Commissioners has authorized any commercial or residential use of Section 36,
other than the long-standing use by the Department of a small portion of Section
36 for the DNRC's Notthwrst Land Office. The current uses of Section 36
include: a special use lease No. 30S3189 to the City of Kalispell for an athletic
complex (peewee baseball, softball, T-ball, Babe Ruth league, soccer, & ice rink);.
an agricultural lease to Clinton Grosswiler (Leases Nos, 2252 and 5524); and
various easements for utilities, roads, and an irrigation ditch Neither the
neighborhood plan or the MOU grant any rights to any party for use of Section
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36. They are not authorizations for use of Section 36. As a result, the State
retains the option and the legal ability to utilize Section 36 for "open space",
parks, or any other use as proposed by the PlaintifTs in the above captioned
matter, provided that the state school trust obtains a prudent return and the full
market value for such use of this land as required by Article X. Section 11 of the
1972 Montana Constitution;
5. DNRC is committed to complete a MEPA analysis of proposed actions on Section
36 in compliance with Governor Racicot's directions as stated in the May 15,
2000 Land Board Meeting at page 10 of the Board's minutes. He stated that:
"The fact of the matter is that MEPA analysis would not just be on a. lease by
lease basis, when the state has a proposal it will do MEPA analysis on that
specific proposal plus any other potential proposals in that section that could be
conceived of at the time_"
6, The neighborhood plan and the April 19, 2000 Memorandum of Understanding
(MOU), and the Board's May 15, 2000 ratifieation of the MOU, do not authorize
any use of Section 36 by themselves, but only serve to restrict the uses that may
occur upon Section 36. Consequently, DNRC will use the neighborhood plan and
the MOU as a basis to examine the legally permissible land uses on the section.
Moreover, DNRC will comply with the City of Kalispell annexation, zoning and
subdivision processes to further define the allowable uses on Section 36. DNRC
cannot control or predict the outcome of these city processes. These local
planning processes will need to be completed before a complete understanding of
the legally permissible land uses are known.
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7. Thus, after the City of Kalispell has reached decisions on annexation, zoning and
subdivision review on Section 36, the Department will initiate its MEPA analysis
of the issuance of a lease of 60 acres within Section 36 to Hampstead Partners. It
remains to be seen whether the City's decisions on annexation, zoning, and
subdivision review are consistent with the proposal by Hur►pstead Pamens.. If
not, the project will be terminated without MEPA review. This MEPA analysis
will include reasonable alternatives to that proposed action —including the "no -
action" alternative, as weU as an analysis of any reasonably foreseeable uses of
the remainder of Section 36;
ii. DNRC has issued to the public a Request for Special Lease Proposals. In
response to that Request, DNRC has received an application for land lease by
Hampstead Partnership. Hampstead Partnership proposes to locate a high
technology park on sixty acres within the commercial pod identified in the
neighborhood plan. No other proposals for land use were received in response to
the Special Lease Proposal. DNRC has subsequently selected the Hampstead
Partnership proposal for use of60 acres within Section 36 for further review and
analysis under MEPA.
9. The DNRC will conduct a MEPA examination of the Hampstead Partnership
proposal and other potential state actions within the section. The DNRC has
knowledge of the following reasonably foreseeable state actions within section
36: the location of a segment of the Highway 931Kalispell bypass route proposed
by the Montana Department of Transportation; a School District No. 5 (Kalispell)
high school under consideration for location within the section; and an anticipated
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P, 005
right of way application by the Bonneville Power Administration for the existing
BPA 230KV powerline;
Jo. DNRC will examine the no action alternatives to all prospective lend use
proposals;
11. DNRC will consider alternatives that achieve similar objectives of all prospective
land use proposals;
12, DNRC will consider an altemative to exchange or sell all or a portion of the
section,
13. DNRC will not enter into any lease agreement or other authorization for land use
with Hampstead Partners until the Department's MEPA examination is complete.
Accordingly, the existing land uses upon Section 36 will continue unabated and
unchanged — as they existed prior to the filing of the above -captioned action --
until the Department has completed its MEPA analysis of the Hampstead Partners
proposal and reasonable foreseeable actions within Section 36.
This concludes the Affidavit of Clive Rooney.
DATED this a r!day of October, 2000.
Clive Rooney
SUBSCRi13ED AND SWORN TO before me, the undersigned, a Notary Public
for the State of Montane, the day and year last above written.
Rotary Public fo the State of Mont a
(SEAL) Residing at _�
My Commission expires 12 a of
-. „, TEL:] 406 444 2684 P.006
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing AFFIDAVIT OF elp
CLIVE ROONEY was served by mail, postage prepaid, upon the following on taus 9
day of October, 2000,
Jack R. TUholske
Attorney at Law, P.C,
P.O. Box 7458
Missoula, MT 59807
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