Tribal leaders walk out

POLSON – Some Mission Valley irrigators threatened to file lawsuits after Tribal Council members abruptly walked out of a Water Compact public hearing here Oct. 15.

Federal, state and tribal officials and irrigators gathered to review the Confederated Salish and Kootenai Tribe’s suggested “Adaptive Management” amendments to the fiercely debated Flathead Indian Irrigation Project’s proposed Water Compact (See A3) at the Best Western KwaTaqNuk Resort.

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But after some emotional irrigators tried to make a second public statement, Tribal Council Vice Chair Carole Lankford called for an end to the session.

Then, Compact Commission Chairman Chris Tweeten allowed public comment to continue, telling Tribal Council members that he wanted to hear what the audience members had to say.

At that point, Tribal Council members walked out of the meeting, though it had not been adjourned.

Derek Skees, a former legislator from Kalispell, said the Compact Commission exceeded its legislative authority by bringing up aboriginal rights.

“Who owns the water in Montana? The citizens,” Skees said. “This is regulation without representation. You cannot regulate without having a representative voice, and that’s exactly what will happen in 11 counties in Montana. Throw it out, start all over and let’s get a compact we can all support.”

Many irrigators expressed the same feelings as a woman who identified herself as Christie, a local cherry farmer residing on tribal land for 30 years.

“I’d like to make clear that there will be no water compact,” said. “Let it go to litigation. I’m very serious about this. I feel very strongly. Over the last couple of years, I’ve had it. (Tribal Members) are nothing but the middleman. The state of Montana can run this efficiently.”

Tribal Council member Vernan Finley, who disagreed with Skees and Christie, told a fellow council member, “Let them go ahead and sue. We (CSKT) will win everything at that point.”

Now that the tribes released their version of the Water Compact, sans FJBC, the state  Compact Commission expects to have its version available for public viewing by Oct. 27 at a meeting in Missoula.

Many members of the state legislature expect to adopt the Compact early in 2015. But Skees wants to start over.

“We need a compact, but this one is entirely unconstitutional,” Skees said. “The Commission has exceeded its legislated authority by included non-federal reserved water rights. The Commission has no legal authority by the Montana Constitution to give the water rights away from Montana citizens.”

While many gave emotional statements, others, such as tribal member Kale Thomas, plead a simple case.

“You’re making this an Indian issue,” Thomas said. “Let’s not make this an issue against my people. Let’s get together.”

Tribal Council members and tribal officials declined all requests for comments.