Crucial to voice support of compact
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Editor,
In 1979 the Reserved Water Rights Commission was formed by the legislature in order to negotiate — not litigate — the federal reserved water rights. They did this after seeing the results of years of litigation over federal reserved rights.
Seventeen compacts have been ratified by the Montana Legislature. Many of the opponents claim that the CSKT compact was killed by the legislature. The truth is legislative leadership made sure it did not make it out of committee. They sent it to the house judiciary where bills are sent to die. One cannot say that was totally unjustified. The compact negotiation was not completed until January; at that point “Western Montana Water Users” filed a suit to prevent the Flathead Joint Board of Control from voting to approve the Water Use Agreement which provided security for the irrigators. The suit went to the Supreme Court who then vacated (voided) a ruling made by C.B. McNeil. This caused the bill to be introduced very late. The full House and Senate never saw the bill.
Opponents claim fear of litigation is all that drives proponents.
Most reservation irrigators realize that they will have less water for irrigation with no compact, they will lose a $300,000 low cost block of power, expensive work for the endangered bull trout will begin immediately and there will be no money for improving the project. Other proponents, property owners with non-permitted wells (about 3,000 in number) may never have a legal water right without a compact. Municipalities will not be able to get water for expansion. They also realize that instead of their claims going through the state adjudication like all other water claims without the tribe filing a senior right they will instead be objecting to the tribes extensive claims both on and off the reservation.
The opposition is loud, well-funded, well-organized and spreading fear.
Don’t watch from the sidelines quietly supporting the compact. It is time to step up. This is our future in the balance. Don’t wait and wish you had done something.
Susan Lake
Ronan
