Compact discussed in Helena

HELENA - On Monday, the legislative Water Policy Interim Committee met before a large crowd in Helena to discuss a new report released by the Department of Natural Resources and Conservation and the Reserve Compact Commission regarding the negotiated water compact for the Flathead Reservation.

No formal action was taken on the compact at the more-than-four-hour meeting, which included a public comment period during which opponents and critics echoed mostly familiar arguments that have long surrounded the agreement.

One local resident who shared his reasons for supporting the compact was Polson's Ric Smith.

"I think the compact is a fair document and a balanced document. I think having a known outcome today is preferable to having an unknown outcome in decades, which is what litigation would bring. Commerce and business need certainty, which the compact will provide," Smith said on Tuesday.

Smith's sentiments were mirrored closely by a letter issued to the committee last week by the Lake County Commissioners, supporting the compact and urging its passage (a complete version of the letter may be found below). The development represented the compact's second noteworthy endorsement in recent days, as the Flathead County Commissioners also voiced their approval for the negotiated agreement.

Despite the recent endorsements, the agreement to quantify water rights on and off the Flathead Reservation still has its share of vocal opponents.

Jon Metropoulos, an attorney for the Flathead Joint Board of Control, says that while the board's member irrigators want to see a water settlement come to fruition, some believe that the current agreement still does not adequately address a few major points of concern.

“[The FJBC] wishes to conclude a settlement of these issues. It also is fully in support of the three concerns that the joint board arrived at after numerous public meetings. … Ownership, verification and the unitary management board,” Metropoulos said, citing the three primary points of contention that irrigators had outlined in public meetings held in 2013.

To the Water Compact Interim Committee:

Although the Lake County Commissioners have individually supported the compact for some time, it has been our position to neither show support nor opposition to the Flathead Water Rights Compact.  Our reason for taking this position was that since Lake County government did not have a seat at the bargaining table during creation of the compact, it would be improper for the commissioners to attempt to influence the debate over the compact.  We now are of the opinion that our failure to take a position is being perceived as non-support of the compact.  

The Lake County Board of Commissioners support the acceptance of the Flathead Water Rights Compact as proposed.  It is our opinion the compact should be approved for the following reasons:

• We believe that the process followed to create the compact was fair, reasonable, and equitable to all citizens of Lake County.  We recognize that negotiated agreements can only reach a successful conclusion if all the negotiating parties are prepared to make concessions that lead to a mutually beneficial settlement.  We believe that negotiations were held in good faith by all parties, and that a sufficient period of time was provided for crafting the compact.
• We do not believe that the protracted and expensive litigation that would certainly follow rejection of the compact by the legislature is in the best interests of citizens of our county.  If funds are not appropriated by the legislature to pay for litigation, private citizens in our county would bear the cost.  Some local irrigators are already seeing the cost of litigation reflected in raised irrigation rates.  There is also no assurance that litigation will provide county residents with a better “deal” than what is provided in the proposed compact.
• We believe that the debate in our county has been centered on project irrigation issues, and as important as these issues are, they are only part of the compact debate.  Equal importance should be placed on the guarantee afforded the approximate 3000 private wells at stake, the municipal water supplies, i.e. Polson, Ronan, & St. Ignatius, and for irrigation waters outside the project.
• We believe that acceptance of the proposed compact will prove to be an economic benefit to Lake County.  The compact resolves all Tribal claims to water which promotes stability in private property values.  Many domestic wells drilled since 1996 would become legally approved under the compact.  The Tribes would also accept junior water rights on all domestic wells that produce less than 100 gallons per minute. The compact also provides water for future growth and economic development in our towns and cities that we do not have now.
• We believe that it is in the best interests of our citizens to promote a favorable and cooperative working relationship with tribal and state governments that will benefit all the citizens of Lake County.

We thank the Committee for the time and consideration it is giving to this important issue.

BOARD OF LAKE COUNTY COMMISSIONERS

Ann Brower, Chairman

William D. Barron, Member    

Gale Decker, Member