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Liquid assets Flathead water compact divides community by Jessica Mayrer
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Beer Drinkers’ Profile "What The 'Chuck"
Don & Joe
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Groundhog Day was a pretty good movie but we're not big believers in the woodchuck stuff. Beers of choice? Double Haul and Cold Smoke
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[8] Missoula Independent • March 7 – March 14, 2013
Susan Lake worries about the future of treaties. The aim was to negotiate rather Non-Native farmers began to mobilize her farm, but lately she’s even more con- than litigate the agreements and, to date, against the Water Use Agreement, arguing cerned about an emerging rift within her the commission has negotiated settlements that it will enable the CSKT to subordinate community. At issue is how the Confeder- with six of the seven tribal governments. their place in line for water. In Montana, ated Salish and Kootenai Tribes’ pending The CSKT is the only one that has yet to water is allotted on a first-come, first-served basis. water compact could affect everyone living quantify its claims. Steve Killorn says that he researched The Compact Commission is slated to on the Flathead Indian Reservation. “There’s already infighting, with neigh- sunset in July. While there are legislative ef- water rights associated with the land he purbor against neighbor,” she says. “It isn’t forts underway to extend the negotiations, chased in the Mission Valley two years ago. the tribes and the commission say that now But he had no idea that the tribes could pretty.” trump his claims, which date back to 1903 Since 1934, the Lake family has farmed is the time to finalize a deal. and 1910. on the Flathead Indian Reservation, “I wouldn’t have spent the growing hay, potatoes and grains as money I spent here without the well as raising cattle. They’ve always water rights paper sitting on that relied on the Flathead Irrigation desk at the real estate person’s ofProject for their water. fice,” Killorn says. The irrigation system sprawls Aiming to derail the irrigation across 128,000 acres and brings agreement, Killorn last summer water from the Flathead, Jocko and helped to form the Western Water Little Bitterroot rivers to farms in Users Association. Composed of communities such as Camas, St. Igmore than 100 irrigators from the natius and Dixon. Over the years, Flathead Reservation, the group filed the irrigation project has been at suit in December, asking the Lake the center of multiple lawsuits, Photo by Chad Harder County District Court to prevent the with the CSKT arguing successfully to stop irrigators from draining wa- The Flathead Indian Irrigation Project is at the Irrigation Project Agreement from terways and jeopardizing the reser- center of a debate over how much water the going forward. tribes are due based on 158-year-old treaty vation’s prized fish hatcheries. District Court Judge C.B. McNeil promises. But another contentious deruled Feb. 15 that the Joint Board “There will be losses to Indians and doesn’t have the authority to enter into the bate over the irrigation system is brewing, and it involves a multifaceted water compact non-Indians alike if this compact is not ap- compact. Such an agreement, he said, would agreement that state, tribal and federal ne- proved,” CSKT tribal chairman Joe Durglo diminish the value of the plaintiffs’ land withgotiators have been crafting for years. If an told lawmakers during a Feb. 15 hearing on out their consent and therefore constitute an agreement is not reached soon, residents whether to extend the commission’s tenure. illegal taking. As part of the pending water compact, and officials worry about the chaotic—and On Feb. 26, the CSKT fired back, arguthe CSKT has agreed to ensure that all do- ing in court filings that the district court costly— consequences. Water rights issues have a long history mestic and municipal water users with legit- erred. According to the writ of certiorari, in the region. In 1855, under the terms of imate claims to reservation water will McNeil did “a masterful job” of ignoring the Hellgate Treaty, Salish, Pend d’Oreille receive the same amount that they’ve re- legal precedents. The tribes are asking the and Kootenai tribes ceded about 23 million ceived historically. That aspect of the pro- Montana Supreme Court to reverse Mcacres of land to the United States. In ex- posal is not without controversy. But it’s the Neil’s decision. change, the government set aside the 1.3- Flathead Indian Irrigation Project Water Use If the legal wrangling bogs down the million-acre Flathead Reservation for their Agreement that poses the most imminent water compact and the Montana Legislature “exclusive use and benefit.” Despite the threat to the CSKT’s pending compact. doesn’t approve the compact this session, The Water Use Agreement spells out CSKT attorney John Carter says that all resertreaty, the Flathead did not remain solely tribal. In 1910, Congress opened the reser- how much water irrigators will get—“1.4 vation water claims will be litigated and the vation to homesteading by non-Indians. acre-feet per acre” annually, with up to 2 tribes will no longer agree to concessions, Non-tribal members today outnumber acre-feet granted, if irrigators demonstrate such as grandfathering commercial and resAmerican Indians by more than 2-to-1 and it will be put to efficient use. idential uses. “The deal is off,” he says. The tribes wouldn’t phase in the new own roughly 90 percent of the land served As for Lake, she’s trying to diffuse the caps until improvements can be made on mounting tension, writing letters to local by the irrigation project. Changing demographics contribute to 100-year-old Irrigation Project infrastructure, newspapers and appealing to her neighthe challenges facing negotiators as they such as gates and ditches. According to CSKT bors to keep cool. She supports the irrigawork to reconcile historic treaty promises hydrologist Seth Makepeace, the system now tion agreement and the compact, and feels with modern-day realities. Another chal- runs at about 35 percent efficiency. the tribes have done their best to reassure In January, the Flathead Joint Board of farmers the agreements will help, rather lenge involves time. The Montana Legislature in 1979 cre- Control, a state-chartered entity represent- than harm them. She sees consensus in this ated the Reserved Water Rights Compact ing irrigators that operate on privately held case as preferable to a protracted fight Commission to, in conjunction with tribal reservation lands, voted to recommend that among neighbors. “We do best if we get governments, determine how much water its 2,500 members support the Flathead In- along,” she says. Montana’s seven federally recognized tribes dian Irrigation Project Water Use Agreement. are entitled to based on their federal That vote didn’t sit will with some residents. jmayrer@missoulanews.com