View compact in light of history
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Editor,
History is important, our memories are short.
1. 1979 – 2004: State of Montana and CSKT Tribe deadlocked on quantifying water rights on Flathead Reservation. State holds firm on US and state law that Montana owns and is responsible for all water in Montana; the Flathead Joint Board of Control agrees. Water rights commission is extended, more negotiations.
2. 2004 – 2010: Montana elects new governor. He directs all departments to negotiate with Tribe, “give and accept” even if concessions are against current law and policy. Tribe starts walking out of negotiation meetings. State cowers to Tribal threats and desires.
3. 2008 to present: Unprecedented and unconstitutional off-reservation water rights thrown into package, senior water rights on aboriginal hunting and fishing grounds with 90,000 acre feet from Hungry Horse dam. State agrees to take Western Montana out of the Montana State Water Court system and forms the Unitary Management Board for water disputes in reservation. Two appointed from Governor, two appointed from Tribe, these four members pick one member, a political board.
4. State, FJBC agree to quantify Flathead Irrigation Project water to 1.03-1.30 acre feet total, remove non-quota water, duty status of land, stock water, less historic deliveries, and give all water on reservation to CS&K Tribe in trust to US government.
5. Federal government offers CS&K Tribes $1.3 billion to sign compact. The State offers $55 million to Tribe to sign if they give “some” to FIP for repairs on project. FJBC agrees to this promise.
6. June 2012 – July 2012: Some irrigators and friends review and share proposed CSKT compact with irrigators and neighbors in surrounding counties. Mid July 2012, FJBC was to vote to accept the compact. CSKT compact would have headed straight to the 2013 legislature for approval. FJBC and Tribe realize mistakes and start offering more water and consensual agreements to some irrigators for more support from irrigators on compact.”
District judge rules water rights are property rights, and they can’t be taken without compensation. This stalls FJBC vote. 2013
Montana Legislature refuses to bring flawed compact to floor for vote.
Something to think about.
Tim Orr
St. Ignatius
