State says Montana Water Court should handle disputes
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HELENA — Representatives for the State of Montana filed multiple legal documents last week asserting that the Montana Water Court, not state or federal district courts, should have authority to decide water rights disputes on the Flathead Indian Reservation.
If the state prevails in its filings, it could spell the end of some water rights suits that have been filed by irrigators and the Confederated Salish and Kootenai Tribes.
Montana Attorney General Tim Fox issued a request May 22 for permission to move for dismissal of a water rights lawsuit filed earlier this year by the Confederated Salish and Kootenai Tribes in U.S. District Court.
In February the Tribes filed a suit asking that several water rights disputes on the Flathead Reservation not be decided by the Montana Water Court or Lake County District Court. The suit also asked that ownership of water rights of the Flathead Indian Irrigation Project be allotted to the United States instead of irrigators.
The proposed motion by Fox claims that the Montana Water Court, not federal court, should be where the water rights battle is fought.
“Montana Water Court is the appropriate court for these matters to be heard and decided upon, but only after all parties have exhausted every effort to agree on a negotiated water compact,” Fox said in a press release. “Bringing these claims to federal court is counterproductive and could derail efforts to reach a negotiated compact.”
Fox also filed two briefs on May 20 in Montana Water Court and 20th Judicial District Court, where irrigating interests had filed suit.
In this case Fox argued again that Montana Water Court is the place where the Flathead Indian Reservation water rights cases should be determined, not Lake County District Court. He also asked that Montana Water Court hold off on issuing a ruling until the Confederated Salish and Kootenai Water Rights Compact is finalized.
“We are all Montanans, and we must work to settle this issue by coming together and discussing our shared interests and responsibilities as Montanans,” Fox said. “Ultimately, we need a compact that can pass the state legislature and Congress. I urge all of the stakeholders to spend the coming months focused on constructive, civil dialogue that is informed by facts and not inflamed by rhetoric or expensive litigation.”
Tribal Spokesperson Rob McDonald said that the Tribes disagree with the attorney general’s opinion about who has jurisdiction over the water and that filing the suit in February was a protective measure. Nonetheless, the Tribes are also working to keep the matter out of court.
“People will hopefully keep in mind the CSKT is actively pursuing a compact with the state's compact commission and the United States,” McDonald said.
The Tribes are also working to educate members of the legsilature about the compact.
