Kootenai commissioners hold off on CdA reservation rezone for more data on groundwater

Aug. 10—Kootenai County commissioners are considering a temporary limit on subdivisions across a large portion of the Coeur d'Alene Reservation to slow development while the Coeur d'Alene Tribe collects more information on the availability of well water.

The tribe had requested some 25,000 acres of the reservation to be rezoned from agricultural to rural to protect natural resources from overdevelopment. The rezone would prevent private property owners from subdividing parcels of 20 acres or larger.

At a community development meeting Thursday morning, Commissioner Bruce Mattare suggested something of a compromise with a temporary code amendment that would limit subdivisions to no less than 10 acres for three years.

A public hearing is scheduled Oct. 12 for testimony on the proposed amendment and on water issues affecting the area.

Mattare also suggested allowing those property owners who have expressed support for the rezoning to opt in.

The tribe hopes to have significant data on groundwater in the next 12 to 18 months. There is less water available in the southern portion of the county, which is separated from the abundance of the Rathdrum Prairie Aquifer.

Mattare said the commissioners should follow the "do not harm," creed, "especially when it comes to the issue of water."

He wants to pause development until the board has a chance to understand the water data and to ensure that any new wells will not affect existing wells.

Tyrel Stevenson, the legislative director for the Coeur d'Alene Tribe, said it is essential to plan for future land use before it is too late, and that it is in everyone's interest to examine the groundwater.

"I really appreciate the effort and time the commissioners have put in to looking at this to find a solution going forward that includes everyone," he said.

The groundwater is difficult to study because the basalt geology makes the aquifers small, fractured and inconsistent, Stevenson said.

Many landowners oppose the rezone, saying it would limit their property rights and could devalue their land.

Last year, Jennifer Darakjy bought 34 acres near Rockford Bay with her husband, Damon, after he retired from his long career in the military, which moved them away from Idaho.

She said they don't plan to subdivide, but it is not fair to take that option away.

"They want to rezone what we just bought, and it feels like a violation for our rights," she said.

As a real estate broker, Commissioner Bill Brooks said people do not always understand the tribal rights that come with private land bought on the reservation.

He said the water levels are a serious concern.

"I wouldn't vote for the rezone just blanket, but I won't vote against it," Brooks said. "I think it's something necessary and reasonable for the tribe to request as long as there's an opt out."

Joel Seale, another landowner, said in an email that the rezoning is not fair because the restrictions would not apply to tribal property, and it would not prevent them from developing more golf courses or casinos.

"Private property owners have no say in tribal government, therefore the Tribe has no say over them," Seale wrote.

James Hanlon's reporting for The Spokesman-Review is funded in part by Report for America and by members of the Spokane community. This story can be republished by other organizations for free under a Creative Commons license. For more information on this, please contact our newspaper's managing editor.