Commissioners take third position on water compact

The Flathead County Commissioners are considering signing a letter drafted by newly elected commissioner Phil Mitchell that adamantly opposes the proposed Confederated Salish and Kootenai Tribes water rights compact.

The letter would be sent to Gov. Steve Bullock and Montana Attorney General Tim Fox. It states that Flathead County is opposed to the compact and that “it will be harmful to Flathead County as well as to the rest of Montana and neighboring states.”

The commissioners will discuss and vote on the letter on Thursday, Jan. 8, at 9:45 a.m.

Mitchell’s letter points out that under the proposed Confederated Salish and Kootenai Tribes compact, the average acre-feet per tribal member is 6,827 acre feet of water, which is 77 times more water than the average outlined In compacts for the other six Indian reservations in Montana. The letter also notes the proposed compact may violate the Montana Constitution.

The new letter reverses the commissioners’ earlier support of the compact process and is the third  letter drafted by the commissioners about the water compact over the past year.

The tribes and the Montana Reserved Water Rights Compact Commission have been negotiating terms of the compact that will be considered by the Legislature during the session that began this week.

In January 2014, the commissioners drafted and approved a letter of support for the compact. Commissioner Pam Holmquist, however, didn’t support the compact as it was proposed at the time and voted against sending the letter.

That initial letter later was reworked to indicate Flathead County’s support for a compact process rather than the compact as proposed.

At one point, the commissioners planned to hold a public comment session on the proposed compact, but the session was canceled and never rescheduled.

In October 2014, commissioner Gary Krueger submitted a second letter that he drafted which outlined Flathead County’s priorities as negotiations continued. Holmquist voted against that letter, too. Krueger said the goal of his letter was to ensure negotiators addressed the big-picture question — does the compact protect Flathead County’s water?

Mitchell encouraged the commissioners to move quickly on the matter so Flathead County’s viewpoint is presented to state legislators before they vote on the water compact as early as next week.

“I’ve been to eight or nine compact meetings, and not one person has been in favor of it,” Mitchell said. “I’d say the ratio of people opposed to it is 20 to 1.”

Mitchell said he has done his due diligence on the matter.

“I’ve yet to see a county commissioner at the meetings I’ve gone to,” he said.

A revised version of the proposed compact is expected to be released this week as the Compact Commission holds public meetings in Ronan, Kalispell and Helena.

“If they address the issues I address, then my letter is moot,” Mitchell said, adding that he expects any proposed changes to be “unbelievably minor.”

Holmquist said she has talked to several local legislators who have indicated the revised compact makes only minor changes. She said she remains opposed to the compact as it’s written.