Speaker reinforces reasons to support Compact
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Editor,
Last night I attended the candidate’s forum for the open Flathead Joint Board of Control commissioner positions. Given that five of the six candidates who participated oppose the Compact, it was not surprising that the Compact attracted a lot of discussion.
My main reason for supporting the Compact was expressed by the last speaker, a long-time Mission Valley farmer whose family livelihood is based on his farm’s income and who has years of experience with project water issues. He recalled that the 1980s court decision that imposed minimum instream flows reduced project water and believes that without the Compact, any increase in minimum instream flows will further reduce project water. The Water Court may not accept all tribal water right claims, but I am very certain that the Tribes would succeed in getting a significant increase in minimum instream flows, leaving less water for irrigators.
My second reason for supporting the Compact, which has grown over time, was reinforced last evening: the opponents have not even begun to explain why they think a Water Court outcome would be better. More importantly I doubt that Compact opponents would be able to develop a unified Water Court strategy because there are too many conflicting water right issues among non-tribal land owners.
For example, secretarial water users and project water users are not likely to find common ground in a water rights contest. Some opponents attach great importance to having a water right that is appurtenant to their property; others want a project water right. Some non-tribal owners of lands that once were allotted lands believe such lands have a special water right claim. Then there are the tensions between irrigators who believe that extra duty water is a water rights issue and the many irrigators who oppose extra duty water.
Yes, the Tribes would be a major protagonist in Water Court litigation. But having listened to many individuals who claim they have water rights, I believe that most Water Court battles would be among non-tribal property owners. And don’t look to the State to take sides and pay the bills in those battles.
Dick Erb
Moiese
