Water rights go to Montana Supreme Court

On Wednesday, in response to a Tribal request for the high court to step in regarding a recent District Court water rights ruling, the Montana Supreme Court ordered that all proceedings are stayed until the state Supreme Court issues a ruling.

“Evidently, the Montana Supreme Court felt the matter was of such a significance that the high court issued a ruling in less than 24 hours after our filing,” John Carter, long-time water rights attorney for the Confederated Salish and Kootenai Tribes, said.

The Petition for Writ of Supervisory Control to the Montana Supreme Court was filed last Tuesday in response to a Feb. 15 District Court ruling by Judge C.B. McNeil on water rights and the Flathead Indian Irrigation Project.

This has been a decade long process. The compact commission issued a 1,400-page long draft proposal that stirred controversy from landowners, politicians and the tribes.

On Wednesday, the Montana Supreme Court ordered the District Court, the Joint Board of Control defendants, Western Montana Water Users Association LLC, plaintiff, and the State Attorney General’s office to prepare, file, and serve a response to the petition 15 days from the Supreme Court order issued Feb. 27. The responses are due March 14.

In the CSKT filing, the Tribes sought relief from allegedly erroneous District Court proceedings that frustrated the compact negotiation process that is recognized by the state Supreme Court and the Montana Legislature.

The Tribes and the federal government are intertwined regarding water rights, however the District Court allegedly did not consider this, and other matters of law. The filing states the District Court erred in law by determining water rights ownership of some unnamed irrigators, all without necessary and indispensable parties such as the Tribes and the United States.