Daines to introduce bill to resolve issues in CSKT water compact

U.S. Sen. Steve Daines, R-Mont., said Thursday he is going to introduce a bill after reaching an agreement with the Consolidated Salish and Kootenai Tribes for a permanent water settlement.

“After years of negotiations and hard work, I’m pleased to announce we have reached a new agreement that permanently settles a century old water dispute in Montana and protects the water rights of all Montanans,” Daines said in a release. “The ‘Montana Water Rights Protection Act’ will permanently eliminate almost all of CSKT’s water claim rights across Montana with prejudice, save taxpayers over $400 million, and give all water users across Montana protection and certainty.”

The Montana Legislature approved the CKST Water Compact in 2015 and it has been pending approval by Congress.

Sen. Jon Tester, D-Mont., introduced the compact to Congress in 2016 and Thursday welcomed bipartisan interest in the introduction of the compact.

“Today’s deal is long-overdue good news for Tribes, farmers, ranchers, and Montana taxpayers,” Tester said in a release. “I’m glad we’re all now on the same page about the importance of getting this done, but the clock is ticking on our ability to prevent costly litigation and protect our state’s most valuable resource. It’s critical we get the CSKT Compact introduced and moving so we can provide certainty for all water users and boost economic development in Northwest Montana.”

The release said Tester has been working on tribal water compacts for years. As a former chairman and long-time member of the Senate Indian Affairs Committee, he originally sponsored the Blackfeet Water Compact in 2010 and guided it to the president’s desk to be signed into law in 2016, the release said. He also sponsored the Crow Water Compact, which was signed into law and ratified in 2010.

The Trump administration has recently expressed support for ratifying the CKST water compact, saying it is preferable to lengthy and expensive litigation to resolve water rights claims.

The compact passed with bipartisan support in the Legislature, but has had opponents including former Rep. and current Public Service Commissioner Randy Pinocci and gubernatorial candidate state Sen. Al Olszewski, R-Kalispell.

Republican gubernatorial candidate Montana Attorney General Tim Fox called on Congress to ratify the contract, saying he opposed the version proposed in 2013 but his office worked to help revise the compact and supported the 2015 version.

“President Trump’s administration is backing the CSKT water compact and there is bipartisan support from Montana’s congressional delegation, so it’s time to get this done,” Fox said. “I am grateful to Senators Daines and Tester for their support of the compact passed by the 2015 Montana Legislature. I call upon Congress to ratify it as soon as possible.”

Daines said his proposal will reduce taxpayer money going into the compact by $400 million — the 2016 proposal, $1.9 billion to settle damages and rehabilitate the Flathead Indian Irrigation Project rather than $2.3 billion.

Much as the 2015-state-approved compact, his legislation would require the consolidated tribes to relinquish 97 percent of their claims to water rights across Montana.

In 2018, Daines met with legislators and irrigators who were proposing “the People’s Compact” as an alternative to the state-approved compact and worked to address their concerns, Daines’ release said.

Daines’ release said ‘The Montana Water Rights Protection Act’ protects Montanans’ due process by giving them access to state courts over water disputes between tribal and non-tribal members. It also affirms Montanans’ Constitutional protection that the water of the State of Montana belongs to all the people for their common benefit. It will prevent years of costly litigation for Montana water users, and provide much needed certainty for all parties involved.