Water compact opposed by commissioners

MINERAL COUNTY - Mineral County Planner Tim Read was at the regular meeting of the Mineral County Commissioners on Dec. 19 to discuss issues regarding the water rights negotiations between the Flathead Indian Reservation and state and federal government. 

Read said without an agreement on how the Flathead Reservation would handle irrigation and access it leaves questions for industry such as farming.  

“If that agreement isn’t acceptable right now then they have a real big hole in the legislative process,” Read said. “But they could still send that to the (state) legislature in early January.” 

Mineral County Commissioner Roman Zylawy questioned Read with regards to which entity has the final say in the compact due to the fact multiple governing boards are participating in the negotiation process. 

“It’s going to be the tribe, the state and the feds,” Read said. “Our decision process for Mineral County has basically been turned over to the Department of Natural Resources.”

Read added that even with input and “negative comments” coming back from public information sessions held throughout the state, the compact is still being pushed.

“If you negotiate it all and everyone agrees to it and settle it then this is what everyone is entitled to,” Read said. “There is a large number of people saying ‘let’s settle this in court to see who has the right to what and how much and where,’ but the state is just adamantly opposed to having the process go to court. They just do not want to see this in court.” 

After Read elaborated on the current negotiations going on with the compact, Dennis Hildebrand asked what the state was doing to protect residents outside of the reservation.

“The state says that they have done there due diligence and that they have done everything in a straightforward manner,” Read said. “They are saying that if you look at the Hellgate Treaty and other documents, this is our (the states) assessment of what the tribe has rights to.” 

Discussion around the compact continued amongst Read, the county commissioners and members of the public before Commissioner Zylawy read from a letter prepared by Read to be signed and sent to Helena for public comment. 

The letter stresses that in the opinion of the county “there has not been adequate time to discuss the potential impacts on our constituents of Mineral County.” The complex nature of the compact document is stressed along with the fact the Clark Fork River is an “essential” resource to residents of the county as being reasons to take more time with negotiations. 

Commissioners Zylawy and Clark Conrow signed the letter of opposition to the compact. Commissioner Duane Simons was absent.