Tribal Council ratifies water rights compact

The Tribal Council of the Confederated Salish and Kootenai Tribes unanimously ratified a water rights compact with the state and federal government during a Dec. 29 meeting, one day after President Donald Trump signed it into law as part of a $4.8 trillion fiscal year 2021 federal budget.

Under the compact, officially called the Montana Water Rights Protection Act, the federal government agrees to provide the tribes with $90 million annually over the next 10 years to rebuild the Flathead Irrigation Project. The agreement is for the Tribes to receive a total of $1.9 billion, though future appropriations bills will be required to allocate the full amount.

The Tribes also assume management of the National Bison Range between Dixon and St. Ignatius. The transition of management of the bison range from the U.S. The Department of Interior is expected to take two years.

In exchange, the Tribes give up a majority of their water rights claims.

The tribes’ ratification of the compact prevents state lawmakers from pulling out of the deal, which they agreed to in 2015.

“We greatly appreciate the Montana Congressional Delegation,” CSKT Chairwoman Shelly Fyant said after the compact was passed by the Senate and forwarded to the president. “From Sen. (Jon) Tester’s initial introduction of the bill four years ago, to Sen. (Steve) Daines’ introduction, amendments and work with the Trump administration this year and to both of our senators urging their respective leaders to include the bill in the omnibus appropriations bill, and to Congressman (Greg) Gianforte’s work with the minority leader in the House, all played pivotal roles and the residents of Montana should be thankful for their efforts. Gov. Steve Bullock must also be thanked, along with Tim Fox and many, many more.”

"This victory has been decades in the making, and is a huge win for Montana taxpayers, ranchers, farmers, and the tribes," Sen. Tester said. "Water is among our most valuable resources, and ratifying this compact, honors our trust responsibilities, creates jobs, and invests in infrastructure while providing certainty to water users everywhere.

Daines also expressed satisfaction that the long journey to resolution had finally come to an end.

“After years of hard work, the U.S. Senate just passed our bipartisan bill that permanently resolves the century long CSKT water dispute and will soon become law. Without our bill, thousands of Montanans would be forced into very expensive litigation and our ag economy would’ve taken over a one billion dollar hit,” Sen. Daines said.

A group of conservative Montana legislators, led by House Majority Leader Brad Tschida (R-Missoula) issued a statement chastising the bill and Daines.

“In a clear betrayal of our state and of President Trump, Sen. Daines slipped the CSKT Water Compact into the coronavirus relief bill, despite his legislation having nothing to do with coronavirus,” the letter says. “With a less than 5 percent chance of being enacted, the deceptively-named Montana Water Rights Protection Act was added at the last minute. This went against his oath of office in which he swore on the Bible to protect the constitution… This was a sad day for the people of Montana and showed blatant disregard for the will of the People.”