Judge’s decision affirms Montanans’ water rights
Hey savvy news reader! Thanks for choosing local.
You are now reading
3 of 3 free articles.
Editor,
Lots of confusion with two sides to every story and the proposed water rights compact saga is beyond confusing, isn’t it? The primary presumption offered by the Reserved Water Rights Compact Commission is that we, as in the people of Montana, never had water rights to begin with, thus why wouldn’t we accept this “grand bargain”? A compact would create certainty and predictability, settle the outstanding water rights claims being made by the CSKT, while at the same time protecting most irrigators and existing (not future) Montana water users. Does this sound familiar?
With a dedicated, courageous and very large number of united, well informed Montanan neighbors from 11 counties and growing, an alternative does to exist. A big thank-you to the members of the Western Montana Water Users Association, LLC (406-745-9287) who filed in Lake County District Court, on behalf of their members as plaintiffs, a petition for writ of mandate and complaint for injunctive and declaratory relief. This action resulted in a decision made by the Honorable Judge McNeil on Feb. 15, defending the on-rReservation, tribal and non-tribal Montana irrigators’ water rights claim with the following summary of his rationale: “water rights which belong exclusively to the individual irrigators as appurtenances to their fee lands.” Space here is limited; for a complete preview of his decision, please visit the blog site westernmtwaterrights.wordpress.com.
Apparently, water rights do exist, and the presumption that Montanans never had a water right is simply not true. The RWCC is certainly entitled to their opinion, but are they entitled to rewrite the law? Please contact your local county commissioners and local legislators today and demand that they oppose the proposed water rights compact and insist the general stream adjudication be completed, through the Montana Water Court, at no cost to the existing individual Montana water rights holder, as is their constitutional mandate.
David Passieri
Charlo
