There have been many broad statements made about property rights and water rights lost in the passing of the Confederated, Salish and Kootenai Tribes compact. There have been many broad statements about the federal government having control of the water in 11 counties. There has been very little substance.
How is it that a tribal water right lower than the federal requirement of Libby Dam by Federal Energy Regulatory Commission became a taking. The water is already a nonconsumptive use legally required. The water is already no longer available for new consumptive uses. It is a federal requirement. Again, where is the taking?
Other water rights such as co-ownership of Montana Fish, Wildlife and Parks rights are for already taken rights for nonconsumptive use. The FWP continues to regulate those rights as they have in the past. So where is the federal taking? Whose property values or water rights are in jeopardy?
On the reservation irrigators are guaranteed their historic water use. That cannot equate to a 60 percent loss in irrigation water. Yet there are those who continue to say it. The DNRC will continue to regulate water off the reservation. The same water that was available without the compact will continue to be available with the compact. It is up to the Water Court to continue the adjudication process and at the end of that process water users in Western Montana will know what water is still available. The CSKT compact impacts none of that.
What the compact does do is bring in 90,000-acre feet of water from Hungry Horse so that water users in Western Montana who are already denied new uses have a new water source. That would increase property values in some areas.
It is time to put away the fables and look at the benefits of the compact.
Susan Lake
Ronan