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Purpose not defined in compact

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Editor,

So, here we are, 12 or 13 years down the road for the settlement of the Flathead Indian Reservation water rights and no settlement.

Just a reminder: we’re about 33 years down the road for total Montana State General Stream Adjudication that began with the task of settling all the “Federal Reserved Water Rights” in our state — first. That’s for all the national parks, national monuments, national forests, national anything, and the Indian reservations; all federally reserved land — as in reserved from the state and the public (hey, I thought they were only supposed to have D.C. and some ammo dumps and ports and stuff).

Okay, back on track. To settle “federal reserved water rights,” the only real tool of consequence is the U.S. Supreme Court Winters Decision of 1908. It stated that impliedly, water was reserved to fulfill the purpose of federally reserved land. That’s purpose, by no other name. Seems you would first have to define, qualify or otherwise identify a purpose, before proceeding further in this process.

Then you get to navigate the minefield of “quantification” — how much water is necessary to fulfill said purpose. Can anyone, and I mean anyone, show me where, in the Compact, the purpose is clearly stated? After all the times my friends and I have read each and every version of the compact, we seem to have missed the defined purpose of this reservation. 

Without stating a purpose, you can’t even begin to imagine, much less quantify water needs. Leaves to me believe someone decided “how much they wanted,” realized whatever the purpose was for this reservation wouldn’t come close to fulfilling their want, so ignored Step 1 of the process. Great, don’t check for depth or rocks, just jump off the cliff into the lake and take your chances

Time to back the train up and start a “do-over,” as my father used to say; we missed a critical, fundamental step.

Michael Gale
Ronan

 

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