Concerns correct, but not unusual
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Editor,
Christopher Chavasse is absolutely correct in pointing out (Valley Journal, Aug. 14) that the Confederated Salish and Kootenai Tribes claim that their very senior, federally-reserved, on-reservation rights to water from the Flathead River would allow them to make a call against junior, state-based, off-reservation water rights held higher in the basin. Senior water rights holders “make a call” when they are not getting the water they are entitled to, and the call requires those who are upstream from them and whose rights are junior to theirs to stop using water until the senior rights are satisfied.
Although the matter has yet to be adjudicated, the Tribes are almost certainly correct in claiming seniority over virtually all state-based water rights holders in the upper Flathead Basin. That seems to be what has Mr. Chavasse upset, but there are two things that you should understand about this situation.
One is that there is nothing unusual about it. All over Montana, senior water rights holders have the ability to call up-stream juniors, regardless of distance, provided they can show that by making the call, they will get the water to which they are entitled. If they couldn’t make such calls, their seniority would be meaningless.
More importantly, it is because of the potential conflicts between the Tribes’ reserved water rights and on- and off-reservation state-based rights that the State and the Tribes have negotiated the compact. In fact, the Reserved Water Rights Compact Commission was established precisely to address the situation Mr. Chavasse is concerned about, and on the Commission we have made it our job to come up with an agreement that protects all existing state-based water rights, including those in the upper Flathead basin. And we think we have accomplished that by negotiating for comprehensive call protections. If you hold an off-reservation water right that you think is vulnerable to the Tribes’ exercise of its senior, on-reservation rights, you should consult the compact to see how it protects you, and contact commissioners or members of the commission staff with any questions you may have.
Sen. Dick Barrett
Member, Reserved Water Rights Compact Commission
Missoula
