Water-rights meetings prove to be contentious

POLSON — Last week's water-rights meeting had all the elements one has come to expect in this issue — unsure Realtors, skeptical ranchers, angry property-rights proponents — and two state and one Tribal representative in the middle of it all, trying to address the myriad of questions and concerns surrounding the proposed interim agreement.

Last Friday's meetings in Polson and Arlee were the next in a series of public meetings designed to educate folks about the agreement between the state and Confederated Salish and Kootenai Tribes, which is designed to provide guaranteed water rights for water use on the Flathead Indian Reservation - something that currently doesn't exist.

The interim agreement would only apply to new domestic, community and municipal wells drilled after it is signed in hopes of providing legal status until a more comprehensive water compact can be reached. The state has completed five tribal water compacts, but has not reached one with the Confederated Salish and Kootenai Tribes, or the Blackfeet Tribe.

"The interim agreement covers groundwater use only, not surface water. If you have surface water use, you are still in a regulatory vacuum," said Chris Tweeten, water rights compact commission chairman.

Tweeten told folks the agreement doesn't cover current agriculture use, or changes in existing use, and "we've had many questions about that," he said.

"This is not only an interim agreement, but it is narrow in scope. It is not intended to address all the water rights issues on the reservation," said Clayton Matt, who heads up the Tribes' natural resources department.

However, most water usage and well-digging comes from domestic use on the Reservation. Under the agreement, a four-person board made up of two Tribal and two state representatives would approve or deny a well permit, and approved wells would be entered into a database in an attempt to provide the first-in-time, first-in-right legal status state law affords.

Many of the questions and concerns had to do with the board's potential 60-day review process. Under the agreement, folks would have to wait up to 30 days for approval to drill a well, then drill it, and then wait up to another 30 days for the well license.

Others expressed frustration with what they felt was the agreement's ambiguity.

"What do I tell my clients? With this agreement, there are still no guarantees that after adjudication, they will have water rights," said Realtor Stefani Bradshaw.

Bradshaw pointed out that the interim agreement is just that - temporary - and that Realtors still won't have any finality in their negotiations with customers until a water compact is signed. This agreement has the potential to give folks a false sense of confidence, she said after the meeting.

"The illusion is that with this agreement, they will have a license number - a water right - but with this agreement, there's still no guarantee," she said. "We're telling everyone who asks us, 'We don't have a clue' (as to the agreement's effect on water rights)."

"The Realtors in no way want to impede the Tribes' water rights, but without adjudication, we have no water rights. We want everyone to be protected, both Tribal and non-Tribal," said Rory Horning, who heads the Northwest Montana Association of Realtors Water Compact Committee.

Tweeten tried to address those concerns by saying that folks would have a license as long as the agreement was in place, saying the agreement was a good first step in the direction of a water compact. However, both the state and the Tribes are free to walk away from the agreement at any time, adding another level of uncertainty to the situation.

"There's a question as to what happens if either side walks away from the agreement, and we have not resolved that," Dept. of Natural Resources and Conservation attorney Jay Weiner said.

Others expressed frustration with what they saw as yet another intrusion on their property rights.

"No interim agreement is going to take away my rights, and my water. When you take away my water, the land isn't worth crap. It comes down to control - when you take away the water rights you take away control," said Ronan resident James Pettit.

Most folks at the meeting seemed to have a skeptical view of the agreement, and urged the state and Tribal representatives to get down to business with a water compact. Others felt the agreement, by bringing water rights to the forefront, simply stirred up headaches when there didn't need to be any.

"Nobody has denied the Tribes water, and nobody has denied us water. Seems like a good relationship to me," one man said.

"If you look at what the water rights are, they are negotiations," Matt said. "And what is the alternative to negotiations? Litigation."

Matt expressed confidence in the ongoing negotiations between the Tribes and the state, saying he hoped that process would continue.

"The compact commission has been very effective in finalizing agreements. They have resolved all of the agreements (with other tribal governments) except two," he said. "Hopefully, this interim agreement will be beneficial, too."

Comments can be submitted through the end of January. Mail them to RWRCC, P.O. Box 201601, Helena, MT 59620-1601. To view a copy of the preliminary agreement, go www.dnrc.state.mt.us/rwrcc/index.htm.