Daines' bill would end water dispute

In a new bill introduced by Montana’s senators, the federal government would transfer control of the National Bison Range to the Confederated Salish and Kootenai Tribes in exchange for ending a century-old water dispute.

U.S. Sen. Steve Daines, R-Mont, and Sen. Jon Tester, D-Mont, brought forward the text of the Montana Water Rights Protection Act after reaching an agreement with the Tribes last week. The agreement would settle a water dispute at the federal level after the Montana Legislature passed the CSKT Water Compact in 2015.

If the bill passes, the National Bison Range would be “held in trust by the United States for the benefit of the Tribes,” according to the bill’s text. The range would become part of the Flathead Indian Reservation and would no longer be part of the system of national wildlife refuges.

The federal government established the National Bison Range in 1908 as bison were nearing extinction. But “the Tribes never consented to removal of the land,” the bill states.

The range’s bison herd largely descends from an effort in the 1870s by Native Americans to start a herd “for subsistence and conservation purposes.” The Flathead Reservation “was the home of that free-ranging herd of bison for decades before the establishment of the National Bison Range,” the text of the bill states.

Tribal Chairman Ronald Trahan said in a statement, “Restoring the Bison Range to federal trust ownership for the tribes is an elegant solution that would correct the historic injustice of the United States taking the Bison Range from the tribes’ treaty-reserved homeland without tribal consent.”

The bill acknowledges the Tribes and U.S. federal agencies have “an extensive history of successful partnerships” on issues including wildlife management.

As part of the deal, the Tribes agreed to relinquish 97% of their water claim rights, including all rights on the Flathead Reservation, while Congress would provide the Tribes with $1.9 billion for rehabilitation of the Flathead Indian irrigation project.

This is $400 million less than was agreed to in the CSKT Compact. In a statement, Daines said this would “save taxpayers one to two million dollars per year” in federal appropriations.

Lake and Sanders counties would receive $5 million each. The money would go toward repairing and replacing bridges and culverts within the supply and distribution network of the Flathead Indian irrigation project.

The bill would prohibit the sale of water outside Montana. It would also allow tribal members and non-tribal members to settle disputes in state courts rather than federal courts.

In a Wednesday press release, Daines said, “This bipartisan bill and settlement is a good-faith compromise that will bring final resolution to a century-long water dispute, avoid years of costly litigation, and save taxpayers over $400 million. I look forward to continuing to work with my colleagues in Congress, as well as the Trump administration, to get this important settlement for all of Montana across the finish line and signed into law.”

Tester said the bill “will help bring years of uncertainty for the Confederated Salish & Kootenai Tribes, taxpayers, farmers, and ranchers to an end.”

“I’m glad the CSKT Water Compact now has the backing of folks on both sides of the aisle as well as the Trump Administration — so we can move full-steam ahead to honor our trust and treaty responsibilities, prevent costly litigation, boost economic development in the region, and give long-overdue piece of mind to everyone in Northwest Montana who uses our state’s most valuable resource.”

If passed by the U.S. Senate, The Montana Water Rights Protection Act would not have to be authorized or voted on by the State of Montana.