Fort Belknap water rights bill introduced to U.S. Senate

Montana Senss Jon Tester, a Democrat, and Steve Daines, a Republican, introduced the Fort Belknap Indian Community Water Rights Settlement Act to the Senate Wednesday, a potentially historic bill that will secure the Fort Belknap Indian Community’s Indian water rights.

The bill would invest $1.3 billion in water infrastructure and provide economic opportunity across the Hi-Line as well as help to avoid costly litigation over water rights in the area, a release from Fort Belknap said Wednesday.

The bill also includes congressional ratification of the 2001 Water Compact between Fort Belknap, the State of Montana and the federal government, which passed by the state Legislature with overwhelming bi-partisan support as well as support from Milk River water users and surrounding counties.

The Rocky Mountain Tribal Leaders Council as well as Republican Reps. Matt Rosendale and Ryan Zinke and Montana Gov. Greg Gianforte, also a Republican, have also voiced their support for the bill along with many conservation groups around the state.

The introduction of the bill comes after more than a decade of negotiations.

Fort Belknap’s Tribal Council approved its Water Compact with the State of Montana in 2001 and the Montana Legislature approved the compact later that spring.

The Compact and Settlement must now pass through Congress, be approved by a simple majority vote of FBIC members, and the compact must be submitted to the Montana Water Court and be entered into the Montana Water Court as a final decree to take effect.

The release from Fort Belknap said ratification of this compact will affirm Indian water rights and will provide federal funding to settle over a century of mismanagement by the federal government of Fort Belknap’s water.

The bill will would settle the 1908 U.S. Supreme Court case, Winters v. United States which held that treaties and agreements between tribes and the U.S. to establish Indian reservations included the water rights needed for the tribes to make permanent homelands.

Under this “Winters Doctrine,” tribes across the U.S. have entered into water rights settlements as a means to define and secure legal recognition of their water rights, as well as funding for water development projects.

“We are grateful to Sens. Tester and Daines for introducing our Indian water rights settlement bill and appreciate the work of Gov. Gianforte and the rest of the Montana delegation for their support,” Fort Belknap Tribal Council President Jeff Stiffarm said in the release. “ ... This bill would benefit the Fort Belknap Indian Community (FBIC) for generations to come and boost the regional economy with funding for infrastructure projects.”

Stiffarm said Fort Belknap’s southern and northern communities will have updated irrigation projects funded that will provide safe drinking water, and the ability to provide services such as stock water and agriculture projects, which will benefit future generation.

“Specific projects planned for the Southern Communities include: bringing new water from the Missouri River; clean domestic water with new sewers; ground water development for domestic and agricultural projects; and, rehabilitating the historical irrigation projects,” the release said.

The bill would also improve the efficiency of the U.S. Bureau of Reclamation Milk River Project, which furnishes water for the irrigation of about 121,000 acres of tribal and non-tribal land. The bill will also restore tribal management to 37,582 acres of state and federal land for the Fort Belknap.

“Passing our water rights settlement bill is critical to our members and communities,” Stiffarm said. “ ... The Act will help to heal our communities and we ask Congress to take action and pass this important legislation.”

The bill’s introduction comes after more than a decades of negotiation and Montana’s congressional delegation, including the delegation’s sole Democrat, have all voiced their hope for the bill’s swift approval.

“As a third-generation Montana farmer, I know how important water is to folks in north central Montana for everything from irrigation to economic development,” Tester said in a press release. “ ... I’m proud to reintroduce this revised FBIC water settlement which will give certainty to all water users in the region. This is a made-in-Montana solution, and I’m looking forward to getting this long overdue settlement across the finish line.”

Daines also lauded the bill, praising the years of good faith negotiation held between the tribes, state and federal government as well as input from other entities across Montana.

“I am grateful to Montana tribes and communities, our farmers and ranchers, local leaders and diverse water users in the region for their input during this process that helped us arrive at a solution that will provide certainty, much-needed infrastructure improvements, and protection of the rights of all water users in north-central Montana,” he said in a release.

Rosendale said this compact doesn’t just benefit the tribes, but Montana as a whole.

“I’m glad to see the Fort Belknap Indian Community, farmers, ranchers and local leaders come to an agreement that will strengthen Montana’s economy,” Rosendale said in a release.

The newest member of Montana’s delegation expressed similar sentiments.

“I am proud to be a part of the Montana delegation working together and keeping our promises,” Zinke said in a release.

Gianforte said the process for making a compact like this is long and complex and cannot be done without help from many communities and groups.

“This bipartisan bill is the result of extensive coordination between the State of Montana, the Fort Belknap Indian Community, and the federal government, with valuable input from local leaders, farmers, ranchers, and other water users over many years,” Gianforte said in a release. “It’s time we get this done for the benefit of the tribes, our farmers and ranchers, and all water users in north-central Montana.”