Governor signs water compact, but irrigators simmer into court
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Governor Steve Bullock signs legislation ratifying the Confederated Salish and Kootenai Water Compact as members of the state legislature and tribal government look on.
courtesy photo
Megan Strickland
Flathead Joint Board of Control Irrigation Commissioner Tim Orr has a heated exchange of words with irrigators who voiced their displeasure with the board’s recent actions.
Megan Strickland
Megan Strickland
Megan Strickland
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ST. IGNATIUS — Governor Steve Bullock signed a bill March 24 that gives final state approval for the Confederated Salish and Kootenai Tribes Water Compact, but the battle over the document continued as a handful of Flathead Joint Board of Control Irrigation Commissioners filed a lawsuit saying the method the bill made it through the legislature was improper.
The compact, completed after more than a decade of negotiations, is a three-way agreement between the state, federal, and tribal government to settle tribal water claims through a method that allows recognition of non-tribal water claims without having to go through a lengthy court battle. It also provides funding for improvement of the Flathead Indian Irrigation Project.
The state has agreed to fund $55 million of the compact. Additional funding is likely to be contributed with approval from the United States Congress, which is where the compact heads next. The Tribes will have final approval over the agreement. Other tribal water compacts have languished in Congress for decades.
“I am honored to sign the CSKT Water Compact into law,” Bullock said. “It is proof that when we put partisanship aside, work together and seek out solutions, we can tackle the biggest and most complex issues before us. This Compact will ensure that we’re living up to our treaty obligations while protecting the interests of Montana’s farmers, ranchers, and businesses.”
Tribal Chairman Vernon Finley noted the landmark event was a step forward.
“This day will be remembered for years to come,” Finley said. “We have more discussions to sort out with Congress, but we can always say that many joined with us as the Montana Legislature did the right thing and supported the CSKT Water Compact. This is a historic day.”
A group of irrigation commissioners filed suit against the Montana Legislature and governor four days earlier, and asked for an injunction to be placed on the agreement.
Flathead Joint Board of Control Irrigation Commissioners Jerry Laskody, Boone Cole, Tim Orr, Ted Hein, Bruce White, Shane Orien, Wayne Blevins and Gene Posivio claim in the suit that the compact grants immunity to the State of Montana in respect to money damages, costs, or attorney’s fees. It also claims the unitary management ordinance, which creates a water management system for future water appropriation on the Flathead Reservation, strips jurisdiction from the Montana Water Court.
Montana Attorney General Tim Fox replied, calling the suit “breathtaking and unprecedented.”
“Plaintiffs have presented a purely political, non-justiciable question that, if seriously entertained by this Court, would wreak havoc in the legislative process,” Fox wrote.
But commissioners stood by their decision to file the suit in an April 22 meeting.
“The joint board is moving forward toward our stated goals,” Commissioner Boone Cole said. “That’s what the legal team was hired to do.”
But not all irrigation commissioners were informed about the lawsuit, and a vote on going forward with litigation has not been held, though the suit lists the Flathead Joint Board of Control as a litigant.
“I never knew nothing about this until I heard it through the grapevine yesterday and read it in the paper this morning,” Commissioner Paul Guenzler said. “I’m a member of the joint board so I wonder how that works out ... Is that how we are supposed to operate?”
Members of the public also asked how the board could file a lawsuit without taking a vote.
“You definitely filed a lawsuit that some of the members didn’t hear about,” irrigator Dave Stipe said. “You did an actual action, that effects all of us. You are all of our boardsmen, whether you agree with us or not, or we agree with you, but you are doing legal actions not following the laws of the state of Montana.”
A member of the public asked how many of the commissioners knew about the lawsuit before it was filed, but only commissioner Gene Posivio openly said he knew, while other said they knew “something was in the works.”
Other members of the public were supportive of the board’s actions.
“This joint board, over the last year, had done everything they’ve voted on in their power to reject the compact in their power,” irrigator Ed Wehrheim said. “I think all of you know they’ve been straightforward with everybody about spending our money. They’ve been open about their position on the compact and their fight … To me, it’s just a continuation of what we’ve been fighting for.”
The board did not take a vote on pursuing the lawsuit after an executive session.
