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Montana Supreme Court declares water compact constitutional

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HELENA – The Flathead Joint Board of Control lost an appeal to the Montana Supreme Court challenging the constitutionality of the Confederated Salish and Kootenai Tribes and the State of Montana’s water compact.

Chief Justice Mike McGrath delivered the opinion on the matter and it was filed on Nov. 8. It states that the provisions of the Confederated Salish and Kootenai Water Compact are consistent with the Montana Constitution.

Plaintiff in the case was the Flathead Joint Board of Control. The defendants were listed as the State of Montana and the Confederated Salish and Kootenai Tribes.

Justice Laurie McKinnon stated in her opinion that the case was unique because the dispute came out of an agreement with the United States, the State of Montana, and CSKT.

“The Compact represents a negotiated compromise among the parties in lieu of adjudicating the water claims of the (CSKT) and its members in protracted, expensive, and uncertain litigation,” McKinnon states.

In the appeal, the FJBC is noted as a joint board of operations for the Flathead Irrigation District, Mission Irrigation District, and Jocko Irrigation District. Members of the board are locally elected government officials under Montana Law. They represent the irrigators in each district.

The FJBC alleged that the compact passed the Montana Legislature in 2015 without a two-thirds majority vote needed due to immunity provisions for the state from the responsibility of any money damages that might occur in any form. The FJBC alleged that the provisions create an economic threat to irrigators and that the threatened injury is imminent.

Montana’s Supreme Court decided that the compact doesn’t create any new immunities from potential lawsuits, and the Montana Legislature’s majority vote to approve the compact was consistent with the Montana Constitution.

CSKT spokesman Rob McDonald stated that the tribe is “completely satisfied” with the Supreme Court’s decision concerning the CSKT-Montana Water Compact.

“This court ruling is a testament to the hard work of the parties in negotiating a fair and robust framework for water use on the Flathead Reservation and the State of Montana,” he states.

McDonald added that the court also recognized that the compact avoids expensive litigation in the future concerning water rights.

“We look forward to continuing to work with Montana leaders, farmers, ranchers and other water users to obtain swift ratification by Congress,” McDonald said.

The FJBC could not be reached for comment but has said publicly that that they will discuss the matter during their next board meeting.

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