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CSKT Compact has positive aspects

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There was some criticism of the proponents of the CSKT Compact at the Legislative Water Interim Committee that I would like to respond to. The criticism was that all our testimony was directed at avoiding litigation. Frankly litigation is always something to avoid because the outcome is a win/lose situation, not a compromise between parties. If litigation happens it is anticipated to be costly, lengthy and lead to years of uncertainty; but enough of that. I want to point out the positive aspects of having the CSKT Compact passed by the legislature:

• For both on and off Reservation people: It entirely protects all irrigators from CSKT senior water rights east of the continental divide. (The Tribes are preparing claims for filing in the statewide water adjudication in the event that a compact is not ratified that could stretch as far east as Billings). On the Reservation it provides protection from call of irrigation deliveries based on scientific estimates of efficient use of water for irrigation.

• It grandfathers in more than 900 wells that have been dug without a permit on the Reservation since 1996. If the Compact doesn’t pass, these wells could not only be called by the Tribes’ senior water rights, but could also be determined to be illegal uses of water, creating significant uncertainty for associated property values.

• There will be significant investment in making the Flathead Indian Irrigation Project more efficient in its water delivery. The current system delivers water to the 1980 standards of efficiency. It is time to move to the 2014 standards. Some of the project infrastructure is over 100 years old, it is not just a question of updating, but halting the slide downward from the current inefficiencies. If the Compact does not pass it is not clear where the money to do the necessary updates will come from.

• The irrigators along the upper Clark Fork and the Blackfoot Rivers will benefit from a lower minimum in-stream flow level for the former Milltown dam hydropower right, which will be changed by the Department of Fish, Wildlife and Parks to an in-stream flow right regardless of whether the Compact is ratified..

• The Flathead Indian Irrigation Project will benefit from guaranteed low power rates from Mission Valley Power to pump water to the Flathead Irrigation District.

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