Water compact takes property rights
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Editor,
Does it concern anyone that Compact Commission Member Senator Dick Barrett continues to mistake what is actually in the CSKT Compact documents? In a Jan. 20 letter Barrett says he can’t find any language in the Compact that takes away property rights. Oh really?
Irrigators on the Flathead Indian Reservation have strong water rights claims based on historic beneficial use that will be adjudicated and thus verified in the Montana Water Court after the CS&KT quantify their federal reserved water rights. But Article III, Section 3 of the water use agreement in the Compact requires these same irrigators to give up their property rights in water to the CSKT:
This Agreement and the Compact specify the terms under which the United States and the Flathead Joint Board of Control agree to withdraw and cease prosecution or defense of all claims to water, whether arising under Federal or State law, held in their names and filled in the Montana General Stream Adjudication, and whatever permits and other rights to the use of water recognized under State law that are held in their names for use on lands served by the Flathead Irrigation Project.
What part of the words “withdraw,” “cease prosecution or defense of all claims,” or “relinquish” does Senator Barrett not understand? Does he honestly think that he has the right to give away other people’s property rights?
In order for the proposed CSKT Compact to be given serious consideration, the misinformation must stop and solutions found to real problems identified by those who will be most impacted by the Compact. There must be another way to provide the increased tribal in stream flows without taking water away from other people, especially in a water-rich environment like the Flathead Basin.
Boyd Frame
St. Ignatius
