CSKT water compact bill passes legislature

The bill that ratifies the Confederated Salish and Kootenai Tribes water compact with the federal and state governments was passed in the Montana House on April 16 by 53-47. The bill has been transmitted to Gov. Steve Bullock for his signature.

Senate Bill 262 endorses a water rights deal that took about a decade to negotiate. The compact quantifies and defines the Tribes’ water rights, which trace back to the 1855 Hellgate Treaty and affects both water use on the Flathead Indian Reservation and around much of western Montana.

A dozen Republicans joined all 41 Democrats to pass SB 262 on a third reading after 13 attempts to amend the bill failed in the House. The controversial bill passed in the Senate by 31-19 on Feb. 26.

“The support we saw for this bill throughout the process was incredible,”  Sen. Chas Vincent, R-Libby, the bill sponsor and chairman of the Water Policy Interim Committee, said. “The compact has support from both sides of the aisle, farmers, ranchers, irrigators and business owners from across the state. Thanks to the work of all of the compact supporters throughout this process, the water rights of Montanans in every corner of our state will be protected for future generations.”

Opponents in the legislature argued that the bill was too long and too complex and left too many unanswered questions about Tribal water rights on and off the reservation.

“This is a forever document,” Rep. Randy Brodehl, R-Kalispell, said. “This body, we can’t renegotiate it, we can’t even take a peek at it to see if we can fix anything that isn’t working. It’s take it or leave it.”

The water compact was supported by Bullock, Montana Attorney General Tim Fox and most of the state’s agricultural groups, who said the compact protects water rights around the state from another round of adjudication in water court.

The compact, which still needs to be ratified by the Tribes and Congress, calls for Montana to provide $55 million to upgrade the Flathead Indian Irrigation Project on the reservation and other water conservation measures.

But as currently written, SB 262 does not provide the funding. The governor’s office hopes to add $8 million to a budget bill to get initial funding for the compact started.