Constitutionality of compact no longer a question
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Editor,
My thanks to the Flathead Joint Board of Control (FJBC) for helping clarify an important question that has slowed consideration of the water rights compact at the federal level. Shortly after the Montana Legislature in 2015 approved the water rights compact that had been negotiated by the CSKT, Montana and U.S. governments, the FJBC filed a lawsuit asking District Court Judge Manley to declare the compact unconstitutional. Judge Manley decided that only one provision was unconstitutional.
Unhappy with Judge Manley’s failure to declare the entire compact unconstitutional, FJBC appealed to the Montana Supreme Court. In response, the state’s Supreme Court not only declared that the entire compact was constitutional, but also reversed Judge Manley’s decision.
The next step in the compact process requires U.S. Congress approval. The FJBC’s defeat removes what has been a major hurdle. No longer will opponents be able to credibly assert that the compact is unconstitutional under Montana law. No longer will supporters have to spend time explaining and defending the compact’s constitutionality.
This Supreme Court decision illustrates two well-known problems with litigation: the winner takes all and the loser often faces unintended negative consequences. This is just one reason why I support the Compact as an alternative to Montana Water Court litigation.
Dick Erb
Moiese
