CSKT water compact goes to legislature

After more than 10 years of debate and political wrangling, the proposed water rights compact for the Confederated and Salish and Kootenai Tribes is now in the hands of the Montana Legislature.

Sen. Chas Vincent, R-Libby, introduced Senate Bill 262 on Feb. 3 to ratify the compact. The latest version of the compact was sent to the legislature last month by the state commission tasked with drafting the revised proposal.

The compact is intended to provide assurances to the tribes and non-tribal users of water flowing into the reservation by quantifying water rights that go back to the 1855 Hellgate Treaty.

Compact opponents, particularly irrigators on or near the Flathead Indian Reservation, argue that the uncertainty of individual legal battles in state water courts is preferable to a deal that they say violates their constitutional protections and “gives away” water rights that should belong to Montanans.

The compact failed to pass the legislature during the 2013 session, and the state commission reopened negotiations with CSKT in 2014 to address how water rights were quantified. The results of those negotiations and the recommendations of a legislative interim committee were incorporated into the revised compact, which was presented to the public in January and sent to the legislature less than a week later.

Some legislators believe compact passage will be easier in the Senate, with the bill facing stronger opposition in the House. However, Senate President Debby Barrett, R-Dillon, who voted as a member of the compact commission to forward the compact to the legislature, says she will not be among the bill’s supporters.

“This isn’t a caucus bill — it’s a vote-your-conscience bill and I remain opposed to it,” she said Feb. 3. “The only thing I could say to other legislators is please read it, take the time to understand it, read all the appendices and vote your conscience.”

One of the major sticking points for her is the Unitary Management Board, a component of the compact that she said eliminates a constitutional right of Montanans to petition the state for water administration and permitting purposes.

House Majority Leader Keith Regier, R-Kalispell, who opposed the prior version of the compact and was a member of the House committee that killed the bill in 2013, has indicated overall support for a negotiated agreement but has not said whether he believes the revisions in the current draft go far enough.

If the compact fails to get legislative approval, CSKT leaders have said they will press their rights in a state water rights adjudication court. Compact proponents say that could result in the loss of water rights for Montanans throughout the state. Unless the legislature extends the deadline, CSKT is bound by law to file those claims by June 30.