Bill passed that would stop state from implementing Compact

By SAMUEL WILSON 

A bill that would prohibit the state from implementing the water compact for the Confederated Salish and Kootenai Tribes narrowly passed a House committee Thursday night.

House Bill 630, sponsored by Rep. Theresa Manzella, R-Hamilton, would prevent the state from entering into an agreement “that infringes upon the authority of the state to own, manage, administer or protect its water resources for the benefit of its citizens.”

The compact is a proposed negotiated settlement between the tribes, state and federal government that would quantify the amount of water available to the tribes, the only such compact for which such a water rights agreement has not already been ratified by the Legislature. Opponents say it amounts to a give-away of state water rights and sovereignty, while proponents of the compact say it would avoid long, costly battles in water court that ultimately may result in bigger gains for the tribes.

Catherine Vandemoer, who heads up the anti-compact Montana Land and Water Alliance, spoke in support of the bill during the Senate Natural Resources Committee hearing on the bill.

“I believe it protects Montana land, law, institutions, governance and sovereign priority for water, and by doing so it will protect its citizens,” she said.

However, opponents to the bill said the language would have ramifications beyond the proposed compact.

“We in the Gallatin have senior water rights, whose economic livelihood depends on that, and if the state decides to start prioritizing uses, what happens to our property rights that are associated with our water rights?” asked Christa Lee Evans of the Association of Gallatin Agriculture Irrigators. “That’s a very serious assertion there that causes us great concern.”

The bill also would preclude the state from sharing ownership of off-reservation waters with tribal or federal governments, one of the more contentious provisions of the water rights agreement.

Other opponents said there were numerous inaccuracies in the bill’s language, an assertion echoed by Rep. Andrea Olsen, D-Missoula.

“Quoting the Montana Constitution without recognizing Article I, which is our commitment to recognize the treaty relationships between the U.S. and the tribes ... we don’t have the authority to do some of the things that are in this bill.”

The bill would come with a $25,000 price tag to study the compact through the Legislature’s water policy interim committee. Rep. Kelly Flynn, R-Townsend, objected to that stipulation on the grounds that the water policy committee already had extensively studied the issue during the previous interim.

“Yes, everybody needs to study [the compact]. We’ve been studying it,” Flynn said. “I think it’s time we move on and I’m going to actually vote ‘no.’”

Rep. Bob Brown, R-Thompson Falls, disagreed.

“I believe maybe this bill should have been brought four years ago,” he said. “Whether the compact passes or fails, it’s something we need to be sure of in this state, that we’re protecting our water rights and protecting the citizens of Montana.”

The committee voted 10-8 to send the bill to the House floor.

Also on Thursday, Flathead County Commissioners Pam Holmquist and Phil Mitchell — both of whom don’t support the water compact — signed a letter in support of the bill. Commissioner Gary Krueger supports the water compact and did not sign the letter.

Manzella’s proposal could be a moot point, however, as Gov. Steve Bullock, who strongly supports the compact, would likely veto the bill should it pass the Legislature. The Legislature would need a two-thirds vote to override the veto, more votes than would be needed to defeat the compact bill itself.