Page 23 - Flathead Beacon // 1.15.13

FLATHEADBEACON.COM OPINION JANUARY 15, 2014 | 23

ENROLL
CLOSING RANGE Dave Skinner

Cash Flows
TODAY

W
ELL, MONTANA’S RE- ters among irrigators of equal priority.”
served Water Rights Com- If the Montana Legislature turns In the

pact Commission inally is- down this compact, the tribes have
sued its agreed-upon “Report on the threatened to ile scads of claims for
Proposed Water Rights Compact” be- tribal time-immemorial water rights
tween Montana and the Confederated not only in Western Montana, but on the
Certified Application Salish-Kootenai Tribes (CSKT).
upper Missouri, Musselshell and Yel-
Counselors at the Flathead Shortly after, Lake County commis- lowstone rivers. Once iled, CSKT water
sioners declared their neutrality on the attorneys will have their choice of which
Community Health Center VENTORY
Compact, a giant step back from their claims to contest irst.
IN
can help you find a health 2002 position that “state jurisdiction of Considering that CSKT was irst to UCTION
insurance plan that meets water rights must be maintained for fee court and last to the negotiating table, REDE
properties” on the Flathead Reservation starting from a position that they owned SAL
your needs and budget.
served by the Flathead Indian Irrigation all reservation waters outright, is it any
Project (FIIP).
wonder that Montana irrigators are
January Nearly simultaneously, Flathead scared absolutely spitless of being irst in
County commissioners
line for an expensive court

Events:
held a surprise hearing battle?
25% during the holiday sea- “ONE CERTAINTY: Even better, other
son, voting 2-1 to issue non-irrigation water us-
1:00-5:00 p.m. 3rd Floor, a rather namby-pam- UNDER THE COM- ers – cities, commercial
Flathead City-County • Thursday Afternoons,
by letter in support of a industries, domestic water
OFF
“compact process” and PACT, NEW WATER associations – will all be
Health Department, 1035 an “agreement that can vulnerable to disruptive
First Ave West, Kalispell
USERS WILL BE
be fair, equitable, and water calls if the CSKT
select respectful of individual PAYING CSKT make a successful claim to
rights which can protect an aboriginal water right.
2:00-5:00 p.m. 3rd Floor, domestic & and promote the inter- WHATEVER THE Compact proponents
• Friday Afternoons,
ests of the citizens we are promising “certainty”
Flathead City-County international
serve.” Can – not will.
MARKET WILL upon acceptance. For ex-
Health Department, wines
Why the pussyfoot- ample, the old Milltown
ing? Fear, of course.
BEAR.”
Dam minimum low right
1035 First Avenue West,
Kalispell
won’t be enforced by the Frankly, case law
tribes for 10 years. After- is pretty favorable for
30-50%
ward, CSKT water attor-
CSKT, who are a few of
• 11:00 a.m.-3 the Northwest tribes “lucky” enough neys will certainly be free to call junior
p.m. Teakettle Room, North to have been browbeaten and intimi- irrigators in the Clark Fork and Black-
Jan 15th, off select dated by Washington Territory Gover- foot basins.
Valley Community Center, nor Isaac Stevens into signing a Stevens FIIP irrigators are being told their
235 Nucleus Ave, Columbia Treaty back in 1855.
water would have an 1855 priority date,
Falls
frozen &
which sounds good until you understand All Stevens Treaties are “boiler-
FIIP irrigators, tribal or non-tribal, plate,” much of which is ignored as inop-
• 10:00 a.m.- dry goods
would be limited to “the Farm Turnout erative. But some wording has become
2:00 p.m. Flathead County Allowance or the historic use of the wa- holy writ to tribes and their lawyers: Ar-
Jan 21st-22nd, ter right, whichever is less.” Of course, ticle III of the Hellgate Treaty gave trib-
Ends Jan 18th.
Library, 247 1st Ave E, irrigators needing more water will be al members an “exclusive right of taking
Kalispell
able to buy additional water from CSKT ish in all the streams running through

– and CSKT will have plenty to sell.
or bordering said reservation [and] also R
• 3 p.m.- Today, there are 90,000 acre-feet of the right of taking ish at all usual and STOP IN FO
8 p.m. Flathead County unallocated water hanging in Hungry accustomed places, in common with cit- ALS!
Jan 28th-29th, Horse Reservoir. Ironically, that water izens of the Territory.”
GREAT DE
Library, 247 1st Ave E, was “found” via legislation spearheaded Courts have since vastly expand-
Kalispell
by Compact opponent Sen. Verdell Jack- ed the “in common” right, with some
son. Under the proposed Compact, that Northwest tribes entitled to fully half Excu
“new” water would all become CSKT of present allowable (and unfortunately se or Mess!
• 11:00 a.m.-3:00 We are rem
p.m. Snowghost Room, property.
diminished) catches. More importantly, odeling
Jan 28th, The tribes have agreed to make courts empowered Stevens Treaty tribes for a new Del
North Valley Professional 11,000 acre feet (AF) available for miti- to claim enforceable “time immemorial” i
Office Building, Building, gation at $40 per acre foot ($440,000 per rights to the in-stream water needed to and Coffee Shop
year), indexed to inlation. Access to the maintain aboriginal isheries of reser-
711 E 13th St, Whitefish
other 79,000 AF would be subject to “the vation.
discretion of the Tribes.”
Is that fair? Doesn’t matter. Litiga-

One “certainty:” Under the Compact, tion during drought in the mid-1980s led MARKET 257-4305
new water users will be paying CSKT to a Ninth Circuit Court ruling that for
whatever the market will bear.
CSKT as a Stevens Treaty tribe, “only af- DINER 257-4304
One other certainty: the Compact is ter ishery waters are protected” could
Scheduled appointments not so much about water lows for ish as Flathead irrigation districts “distribute 202 2nd Avenue West, Kalispell
available by calling it is about ishing for cash lows.
fairly and equitably the remaining wa-
NEW HOURS

406-758-2165 or email: Mon-Sat 7am-8pm Mike (Uncommon Ground) Jopek and Dave (Closing Range) Skinner often fall on op-
[email protected]
Sunday 7am-3pm
posite sides of the fence when it comes to political and outdoor issues. Their columns
alternate each week in the Flathead Beacon.