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Compact doesn’t take water away

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Editor, 

“Don’t be fooled.” That’s how a recent letter started. And then the writer went on to try to fool people. For the record, there is nothing in the proposed Flathead Compact or the Flathead Water Use Agreement that takes away any person’s water right or right to use irrigation water. Read the agreement. Read the compact. Nothing takes anyone’s water away, period. 

The ruling by local district court has been totally vacated by the Montana Supreme Court, acting less than 36 hours after the last briefs were filed. The local district court erred in its application of the law. The Montana Supreme Court made that crystal-clear. And contrary to assertions by some letter-writers, things are not working here. There has not been a legal well drilled since 1996. The compact protects all these wells, and allows others to be drilled.  

Another letter-writer claims that the CSKT will be spending tribal money to litigate privately held Walton rights (allottee water rights). Again, don’t be fooled. Litigation means that individuals will be in court trying to protect their individual water use. But for anyone claiming a Walton right, it is most likely that the CSKT will end up administering those rights as part of the CSKT water right if litigation is the result of all this misinformation.  

Another writer claims the CSKT is claiming the absolute right to fix and determine the regulation and use of all waters in Western Montana. Again, totally false. Read the compact; read the water use agreement. There is nothing in either document to allow this.  

Approximately $100 million of work on the FIIP will ensue if the compact is approved. Wells are protected. Development can take place. But apparently, fear, falsehoods and intimidation seem to be the preferred alternative to reasoned discourse for these writers.  

And for the record, I have 28 years experience in the water management and water rights arenas. I have served as a district-court-approved mediator in Montana water right disputes and have been recognized nationally for my work. Avoid litigation; approve the compact.  

Alan Mikkelsen

St. Ignatius

 

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