11/28/2022
MONTANA’S WATER is Everyone’s Business.
Perhaps you’ve heard of the Flathead Compact between the Confederated Salish and Kootenai Tribes (CSKT), the State of Montana, and the United States government? Please understand that this water Compact affects not only Western Montana but may impact the entire state of Montana!
Yes, your water rights will be impacted by the looming Flathead Compact, as all surface and ground water within the exterior boundaries of the Flathead Reservation will be placed under the control of the CSKT through the Flathead Water Management Board created by the Compact. And what about the management of water rights on private property or future development within the Flathead Reservation? Montanans have relied upon the Montana Water Use Act (MWUA) of 1973 to determine what they can do with their water resources. If the Flathead Compact is approved, then the MWUA no longer applies!
What is the Compact About? The Flathead Compact is an American Indian water settlement which was negotiated over a long period of time between the State of Montana, the CSKT, and the United States. Somehow, the negotiators managed to produce a water compact that is entirely different than every single one of the 16 Compacts —six with Tribal governments—that the State has entered into since 1979. This Compact awards more water to the CSKT than the water awarded to all the other Tribal Compacts in Montana. This Compact allows for the leasing of large volumes of water off the Reservation and reduces the amount of water historically delivered to 127,000 acres used by all irrigators—American Indian and non-American Indian—within the federal Flathead Irrigation Project.
Why are we even hearing about the Flathead Compact approval now? Good question. The answer is because the Flathead Compact is up for approval by the Montana Water Court. The Water Court sent out notices requiring that any objections as to the validity of the Compact be filed with the Water Court by December 6, 2022. This is the first and final opportunity to weigh in with the Montana Water Court as late objections will not be heard by the Water Court. The Water Court states that it can only rule “up” or “down” on the Flathead Compact.
It is a “speak-now-or-forever-hold-your-peace” moment in these proceedings! Montanans living within the eleven (11) counties of Western Montana have an important opportunity to weigh in on this huge Compact affecting your water rights! Its up to you now. The state has provided the people of Montana with a perfect opportunity to take the first step in the defense of their water rights against the overreaching provisions of the Flathead Compact.
What will happen if you don’t respond to the Water Court? If the Flathead Compact is approved, you will have to live by the Final Decree issued by the Water Court, which brings great uncertainty. All of the compacts with other Tribes combined do not have provisions granting those tribes off-reservation water rights but this one does! This past summer, agricultural water users living on private property within the Flathead Reservation had their water delivered late and cut off early during the final weeks of the growing season. This forced a number of them to market their livestock prematurely.
Public Water Settled the West. The availability of public water convinced thousands of people to move west to settle down and build farms, ranches, towns and schools. These hard-working people suffered through tough times. Now when life is better, they shouldn’t be losing their water rights, some over 150 years old. It was the American Dream. That Dream may no longer be possible if the Montana Water Court approves the Flathead Compact. It is now up to you, your friends, and neighbors to be heard and inform the Court of your concerns.
