"The great water debate" continues to develop

THOMPSON FALLS – The Sanders County National Resource Council hosted the Concerned Citizens of Western Montana on Monday night, who presented a meeting on “the great water debate” or the Confederated Salish and Kootenai Tribes Water Rights Compact.

Terry Backs of Concerned Citizens of Western Montana opened up the evening stating she is one of the many folks who call themselves a concerned citizen of Montana.

“Over the past year, we’ve worked very hard to bring attention to the Flathead Water Compact, a document that will impact the property rights and future growth and development in 11 counties in Western Montana where 360,000 people reside,” said Backs.

Backs stated before they began doing their homework on the issue, they realized the problem was bigger than any of us.

“After all, water is necessary to sustain life and controlling the water ultimately paves the way for controlling people,” said Backs.

She explained it could impact local economies, future growth and development, where you live and what you do with your property.

According to Backs, the compact gives senior water rights for nearly all water in Western Montana to the United State of Interior Bureau of Indian Affairs.

The meeting aimed at showing those in attendance the problems associated with the water compact and documents associated with it.

“Recent events indicate to us that a special session to push the compact forward to the legislature could happen this fall,” said Backs.

She explained the presentation would cover how it would personally effect those off and on the reservation.

“We are asking all Montanans to stand together against this compact,” said Backs. “Throughout this last past year the negotiating parties have frequently threatened the public with litigation. It’s either this compact or litigation,” said Backs. “Even though many of you don’t live on the reservations it’s important for you to understand the history of it as it pertains to non-Indian settlement so you can understand the flawed assumptions in this compact.”

Dr. Kate Vandemoer, a hydrologist and water manager who has 26 years experience working for and with Indian tribes in managing, defending and protecting Indian water rights and resources, continued the presentation, outlining what she believed was wrong with the compact.

“We’re calling this the great water debate because there is a debate going on right now not only about this compact but its implications for you and the future in Montana,” said Vandemoer.

Vandemoer gave a brief overview of the meeting, providing the audience with a review, update, and status of where the CSKT compact is now, she discussed the compact and why it failed in the Montana State Legislature this year, and other possible alternatives to the compact.

She provided four reasons to why the compact primarily failed, stating the history and definitions, the quantification and the water rights claims, water administration and off reservation treaty rights.

According to Vandemoer, who helped put together reasons for the legislators to reject the compact, “the compact commission exceeded its authority, failed to do environment studies, included off reservation water rights, and failed to quantify the water.”

After thanking those for their support during the legislative session, Vandemoer said they anticipate a special session to arise, dealing with the compact.

A few scenarios were presented that might give momentum to the governor and suggest to other legislators that the compact is a good thing, Vandemoer stated the Unitary Management Ordinance, which is currently included as an appendix in the compact, “is the prize.”

Vandemoer asked the crowd if UMO is “asking a major function of the government to subcontract into a foreign nation. If the tribes say they are a nation, a foreign nation, should Montana give up and delegate its authority to them to manage your water?”

According to the Concerned Citizens of Western Montana website, the UMO proposes a Unitary Management Board, which will determine how all water issues whether it be state, federal and tribal, are managed within the boundaries of the reservation.

“The issue is a big one,” said Vandemoer, stating 23,000 citizens on the Flathead Reservation do not agree with UMO.

The tribe asked for 16.5 million acre feet of water, up to an elevation of over 2,800 in the Flathead Lake.

“Right there is 16.5 times the amount of water that has ever been warranted to any tribe anywhere in the United States,” said Vandemoer, explaining the maximum amount warranted in the past was one million acre feet.

The total on reservation claim adds up to over 22 million acre feet of water and the total off reservation claim is 30 million acre feet, stated Vandemoer, pointing out the claim to all the water – a reason she believes the compact failed.

Vandemoer explained and outlined an alternative CSKT Compact, showing that there are other options to the water compact. If an alternative act is produced and is accepted by the citizens of Montana but not the CSKT, the Vandemoer believes it will end in adjudication.

“If this compact is not changed to meet the needs of Montana, seriously, this is headed towards the adjudication process,” said Vandemoer, adding the adjudication process is already ongoing – a process she believes CSKT will not win.

Adjudication is the final judgment in a legal proceeding. Vandemoer explained in this situation, it would be taking “all the legal evidence of your existing water right and putting it into court.”

“The compact commission is supposed to reach a fair and equitable settlement between Montanans and the tribe, this is far from that,” said Vandemoer.

Once the presentation was complete, concerns and questions began to flood the floor for Vandemoer, Backs and for Senator Jennifer Fielder who was also present.

Sen. Fielder stated the issue is not an Indian vs. non-Indian tribe issue, adding that both parties support both sides.

“I knew this was a really important issue for this area as well as our forest lands, our federal lands,” said Sen. Fielder, explaining her efforts to halt the contract.

“I saw some of the problems thanks to the citizens that dug into this and had the time to dig into this because I didn’t. When I got into our legislature we had 2,000 bills already on the docket. And this compact bill didn’t get dropped in until March. We were already two-thirds of the way through the legislative session when a 12,000 page compact came to us with a pressure to pass it,” explained Sen. Fielder.

Sen. Fielder took the time to understand and study the compact, something she saw as important because the issue is “so permanent.”

“The other legislation we can come back and change. This compact can’t be revised,” said Sen. Fielder, stating no changes or corrections can be made once it goes through the ratification process.

Sen. Fielder thanked the people who took the time to dig into the compact and “find some of these problems.”

Governor Steve Bullock vetoed the Senate Bill 265 – a bill to extend the compact commission. He requested the Compact Commission prepare a complete report addressing the questions that were raised about the CSKT Compact during the legislative session.

The commission is accepting input until July 1.