FJBC topics vague, confusing
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Editor,
The Flathead Joint Board of Control will hold meetings in each irrigation district to discuss compact issues. The suggested topics of discussion are vague and confusing.
#1. Who owns the water right for the project?
One board member suggested the FJBC hold the water right. Unfortunately the FJBC has no good water measurement to establish such a right, has confusing documentation filed with the state with an inadequate amount of water claimed. The BIA has a competing claim to the Project, which suffers from the same deficiencies as that of the FJBC.
In the compact agreement the United States holds the water right in trust for the tribe. Title to the water right is conditioned in the Water Use Agreement. The agreement protects the use of irrigation water for irrigators, protects landowners’ water, and would also allow Project irrigators to benefit from the Tribes’ priority date, as opposed to the Project’s later date. The proposed irrigation project water under the compact contains a sufficient amount of water to account for existing and future Project needs and eliminates the long and costly litigation that would be necessary to resolve competing personal claims.
#2. The joint board wants historical records of water use and present needs assessed. That discussion holds the same problems as the first suggested topic, poor past records and no way to assess present use accurately.
#3. UMB/OMB: The board contends that the Unitary Management Board is not necessary because the reservation should have two management authorities, one for tribal members and one for fee land owners.
The negotiated water compact provides for a local state/tribal board controlled by regulations that mirror the state DNRC. Under the agreement both tribal and fee land holders would go through the same process to acquire new water uses. The Board is not controlled by the Tribes.
Are these FJBC meetings going to be constructive or destructive?
Susan Lake
Ronan
