Be cautious going ‘litigation route’
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Editor,
There seems to be much confusion on what water rights would look like under the compact.
Your pre-1973 water claims will go through the water court and be decreed by the Water Court. The decree results in a water right. After 1973 rights that have gone through the DNRC are waters that have been permitted and will not have to go through any other process and will remain as currently permitted. All water rights and claims holders will be required to go through this process. No one is exempt, not even those who support the present compact negotiations.
Another advantage of the compact is that all the domestic wells drilled after 1996 will be have a path to completion. If you have one of these wells and have not filled out a permit, it would be wise to do so.
With no compact you will have to file an objection to the tribe’s senior claim on all reservation water. If it is a pre-1973 right you can appear initially in water court without a lawyer if you are not a corporation. Your opponent in water court will be the tribe and the federal government. You will have to prove they did not fish on reservation waters and that your water is not needed to fulfill past, present and future purposes of the reservation.
With no compact, if you have a claim through the DNRC, you will have to go straight to court to object to the tribe’s senior claim. Your opponent in court will be the tribe and the federal government.
Contrary to what past letters to the editor have said, no one will be exempt from the adjudication process with or without the compact. There are no special favors given to anyone. The tribe will be required to file their claims should the compact not pass. If you object, they will protect their claims.
Considering what happened in the ‘70s and ‘80s in court on this reservation — the first being the tribes’ control of the south half of Flathead Lake and the second being the time immemorial instream flows that must be recognized on the Flathead Indian Irrigation Project — I hope we would be cautious in going the litigation route.
Susan Lake
Ronan
