Guest opinion: There is a way

Dear Editor,

Most people involved with the Flathead Indian Irrigation Project (FIIP) want to avoid litigation of FIIP water use. But the Flathead Joint Board of Control (FJBC) has outlined three positions, two of which will lead to exactly that—litigation over FIIP water use. They have taken positions over ownership of FIIP water that fly in the face of established law and they are now opposed to the water management board which is at the heart of the Flathead Reservation Compact (Compact). This means that they are intending to drag irrigators through millions of dollars and decades of litigation, without any benefit to the FIIP.

If there was a way to separate those who insist on litigation instead of the negotiated settlement that now exists, I would be all for it. If there was a way they could pay their own litigation costs without saddling the rest of us with exorbitant legal fees, I would be all for it. But wait—there is a way.

After the Compact is passed by the Montana Legislature, approved by the Confederated Salish and Kootenai Tribes and then finally approved by Congress, it has one more step. Before it is actually implemented, the Montana Water Court must approve the Compact. At this final step, water right claimants can file objections and be heard in court. They can do this on their own, without burdening the rest of us with their legal costs.

Let’s do this: Approve the Compact and Water Use Agreement. Then, if you still have objections, use your opportunity to air those objections in front of the Montana Water Court. But do it as individual claimants—without dragging the rest of us into your anti-government, anti-Indian battle. Many of us are not buying the proposed litigation you are selling.

Sincerely,

Ric Smith, Polson