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FLATHEADBEACON.COM NEWS
DECEMBER 17, 2014 | 13
An irrigation sprinkler sits in a lush field near Pablo.
BEACON FILE PHOTO
CSKT, State Officials Reach Flathead Water Deal
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Water-use agreement still needs approval from state Legislature
By TRISTAN SCOTT of the Beacon
Montana officials have reached a new water-use agreement with the Con- federated Salish and Kootenai Tribes, ensuring that irrigators and residents on the Flathead Indian Reservation have a reliable water supply while affording protections to the tribe’s rights.
Montana Gov. Steve Bullock and At- torney General Tim Fox announced the agreement Dec. 11. The compact now needs approval from the state Legisla- ture, Congress and the Northwest Mon- tana tribes.
“I’m pleased that an agreement has been reached that respects tribal rights, while ensuring that irrigators and resi- dents in the region continue to have access to a reliable water supply,” Bull- ock said in a statement. “The Compact is the result of constructive negotia- tions where all parties sought common ground in the best interests of the state and Tribe. I’m confident that the Leg- islature will recognize the importance and fairness of this agreement.”
The compact, which was negotiat- ed through the Reserved Water Rights Commission and includes recommenda- tions from the Legislature’s Water Poli- cy Interim Committee, would establish a $30 million fund to help cover the costs for water pumping to meet agricultural irrigation demands. It also establishes a technical team whose oversight helps protect historic uses of the Flathead In- dian Reservation’s water while making sure the tribe’s stream-flow targets on the Flathead River are met.
The Montana Legislature last year
rejected a prior agreement that was the product of more than a decade of nego- tiations. At least four pending lawsuits have been filed since then over claims to the water flowing on or through the res- ervation.
At the core of the dispute has been determining what amount of the reser- vation’s water goes to farmers, ranchers and others through the Flathead Indian Irrigation Project.
After the prior agreement was reject- ed, Bullock and tribal leaders re-opened negotiations that were limited to agree- ments between the tribes and irrigation districts in western Montana.
The 2015 session is the final chance for lawmakers to approve a compact with the tribes. If they fail, the tribes will have to assert their water rights by filing claims in a state stream adjudica- tion court by June 30, 2015.
Scott Reichner, a business owner and outgoing Republican member of the Legislature, was a onetime critic of the compact who voted against its ratifica- tion in 2013.
But he recently joined a coalition of farmers, ranchers and business own- ers who banded together to support the compact, calling its passage vital to the economy and to water users across the state.
According to Reichner, the group, called Farmers and Ranchers for Mon- tana, threw its support behind the water compact after a bipartisan committee of legislators unanimously recommended changes that make the agreement more palatable.
The compact negotiated two years ago drew fire from property rights ad- vocates, but Reichner says that signing a compact is better than the alternative, which could yield years of expensive liti- gation.
“At some point in time if we don’t
have a compact, the tribe will go in and probably file several thousand court cas- es to gain water rights to water that they claim,” he said.
The talks, he said, have led “to a more balanced compact that can stand the test of time.”
“I have 100 percent rating with property-rights advocacy groups, and the way I look at this is that, we need to protect our property rights in the state of Montana,” Reichner said. “If we don’t have a compact, those property rights, water rights are in jeopardy.”
The Legislature has approved water compacts for Montana’s other reserva- tions, and both Bullock and Fox urged swift passage of the new agreement.
“Over the last several months, we have been heavily involved in discus- sions amongst stakeholders,” Fox said. “My primary concerns have been that the Compact be constitutional and that it guarantees irrigators receive suffi- cient water to continue farming today and in future generations. This Com- pact, which is significantly better than the previous one, does both. After long and difficult negotiations, the state, the Tribes, and the federal government have reached an agreement that is good for Montana. I urge our legislators to care- fully review and ratify it.”
Bruce Tutvedt, a Republican state senator from Kalispell and one of the Flathead Valley’s largest irrigators, has introduced a joint resolution supporting the CSKT water compact process.
The resolution reads: “That when a compact is agreed to by the Montana Re- served Water Rights Compact Commis- sion, the Confederated Salish and Koo- tenai Tribes, and the United States, the members of the Senate and the House of Representatives of the State of Montana support the passage of the compact.”
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