HELENA – A Republican-led House panel moved Monday morning to defeat a proposed agreement that would determine water rights for tribes on the Flathead Reservation.
The House Judiciary Committee voted 11-10 to give Senate Bill 262 a “do-not-pass” report, which can typically only be overruled by a vote of more than three-fifths of the House. Republican Rep. G. Bruce Meyers Of Box Elder joined Democrats to oppose the bill.
On Monday afternoon, Democratic Minority Leader Chuck Hunter of Helena objected to the report on the House floor, prompting a rules disagreement that will be settled Tuesday. Democrats are trying to use special rule in an effort to bring the bill to the House floor with a simple majority vote.
The action came after hundreds of people attended a 10-hour public hearing in front of the committee on Saturday.
Before the panel decided to halt the bill, Republican Rep. Keith Regier of Kalispell tried to water it down, bringing amendments that would restrict tribal water rights in the proposal. Democrats including Rep. Jenny Eck of Helena objected, saying motions to amend were motions to kill the bill negotiated for over a decade by the Flathead Reservation, state and federal governments.
“This is asking for the entire world,” Eck said of the amendments. “It’s what white settlers have done from the beginning and I’m ashamed and embarrassed.”
Regier said he hadn’t consulted with bill sponsor Sen. Chas Vincent, R-Libby, on the amendments but was trying to make the bill better.
“As far as taking this apart, we have an obligation to make this the best we can,” Regier said. “Montana water is controlled by the state for all of us … not just one group.”
In an agriculturally-dominated region, the topic of Indian water rights has driven a wedge between neighbors with opposing viewpoints.
The measure would ratify a negotiation among the Confederated Salish and Kootenai Tribes and state and federal governments regarding rights to water use in northwestern Montana. It was renegotiated after a version failed in the 2013 Legislature with the biggest change guaranteeing farmers and ranchers will forever receive the amount of water they’re using now.
The renegotiated version also includes a provision requiring the tribes to share non-irrigation water during shortages or droughts as well as an increased pumping fund.
Senators approved the water compact in late March.
If the deal fails in the Legislature, the CSKT Tribal Council has said it will petition for water in court ahead of a June 30 deadline for such claims to be considered.