Potential water rights litigation raises questions
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Editor,
During an open water rights forum held last week in Ronan, it became clear that there is significant opposition not only to the FJBC-CSKT Water Use Agreement but also the larger compact agreement. Speakers called for an alternative approach: go to court.
Critics of the compact-WUA often argue that the documents are difficult to read and interpret. I agree, and there are some substantive issues that need to be addressed. But those who advocate litigation have yet to release a document explaining what litigation would involve. I outline below some key questions that need to be answered.
How would litigation be conducted? Would the battle be fought in state or federal courts, or both? Would individual property owners have to defend their water claims in court? What role would the FJBC play?
What would litigation cost? According to one advocate, litigation would cost at least $60 million. I would double that estimate to include such costs as the loss of state and federal settlement money provided for under the current compact-WUA? Nor does it take into account the loss of net power revenues and low cost block of power now included in the Compact-WUA draft.
Who will pay the cost of litigation? I doubt that there will be many volunteers. Will individual property have to pay? Will the FJBC, and thus individual farmers and ranchers who pay FJBC administrative costs, have to bear the burden? Or will the State of Montana and Montana taxpayers pay the bill? How many farm and ranch families will be able to pay the costs of litigation out of their family budgets (i.e. net farm income)?
Would litigation, in fact, provide more water for farms and ranches than provided for under the compact-WUA? That would be up to some judge sitting who knows where.
What would be the impact of litigation on property values during litigation, especially if litigation takes five or more years? Would many outsiders want to buy land on this reservation when litigation raises major questions about water and the costs of litigation?
Dick Erb
Moiese
