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Confederated Salish and Kootenai Tribes Compact


85-20-1901 MCA

The CSKT-Montana compact is the result of more than a decade of negotiations to resolve the Tribes’ claims to reserved rights within the State. A previous version of the compact failed in the 2013 Montana legislature. Following a request for a limited reopening of negotiations by Governor Bullock in early 2014, the State and Tribes negotiated key provisions relating to irrigation use and instream flows on the Reservation and incorporated recommendations from the Montana Water Policy Interim Committee following two years of review. The 2015 Legislature ratified the Compact, and the parties are working on compact implementation. The Compact awaits approval by the United States Congress, the tribes, and the Montana Water Court.

Compact Summary

CONFEDERATED SALISH AND KOOTENAI TRIBES OF THE FLATHEAD INDIAN RESERVATION  Montana Water Rights Compact

Update 2018 - CSKT Compact vs. Adjudication of CSKT Claims (No Compact)

The CSKT-Montana Compact is the result of more than a decade of negotiations to resolve the Tribes' claims to reserved water rights within the State. Montana's 2015 Legislature ratified the Compact (MCA 85-20-1901). The Compact is now awaiting congressional approval.

The Compact will make new water available for commercial and irrigation use, end the water administration void on the Flathead Reservation, allow for economic development under conditions of legal certainty on and off the Reservation, and facilitate the completion of the statewide general stream adjudication. In addition, the Compact establishes a technical team with irrigator representation to implement irrigation project upgrades to protect historic irrigation use and meet Tribal in-stream flow targets.

Implementation Underway
One of the first steps in the implementation process is that the parties to the compact establish a Compact Implementation Technical Team (CITT). The CITT is tasked with advising the operator of the Flathead Indian Irrigation Project on the implementation of operational improvements, rehabilitation and betterment of Project facilities and on adaptive management as called for in the Compact. A Compact Management Committee (CMC) will provide policy and administrative oversight over the technical team. As of August 12, 2015, all parties made their appointments to the CITT.

In addition to the CITT members appointed by the parties to the Compact, the CSKT Compact also provides for a fourth seat for the Flathead Indian Irrigation Project Operator, and also the option of a fifth seat that may be filled by a representative selected by all irrigators served by the Project should they decide to appoint one.

January 2015 Revised Compact

SB 262 Bill Text

Compact Approved by RWRCC, January 12, 2015

Map

2015 Compact Appendices

Appendix 1 (Hydrologic Basin Maps)
Appendix 2 (FIIP Influence Area Map)
Appendix 3.1 (MEFs, TIFs, Minimum Reservoir Pool Elevations)
Appendix 3.2 (River Diversion Allowances)
Appendix 3.3 (Historic Farm Deliveries)
Appendix 3.4 (Implementation Schedule)
Appendix 3.5 (Adaptive Management and CITT)
Appendix 3.6 (Rehabilitation and Betterment)
Appendix 3.7 (Determination of Wet, Normal and Dry Years)
Appendix 4 (Proposed Law of Administration/Ordinance)
Appendix 5 (FIIP Abstracts in 76L and 76LJ and Maps)
Appendix 6 (Map of Non-FIIP Historic Irrigated Acres Lands Eligible for Registration)
Appendix 7 (Bureau of Reclamation Modeling Report
Appendix 8 (State Biological Constraints Evaluation)
Appendix 9 (Flathead System Compact Water Abstract and Map)
Appendix 10 (Natural Node Instream Flow Abstracts and Maps)
Appendix 11 (FIIP Instream Flow Nodes Abstracts and Maps)
Appendix 12 (Other Instream Flow Abstracts and Maps)
Appendix 13 (Interim Instream Flows and Interim Reservoir Pool Elevations
Appendix 14 (Interim Instream Flow Protocols)
Appendix 15 (FIIP Reservoir Minimum Pool Abstracts and Maps)
Appendix 16 (Wetlands Abstracts and Maps)
Appendix 17 (High Mountain Lakes Abstracts and Maps)
Appendix 18 (Flathead Lake Abstract and Map)
Appendix 19 (Boulder Creek Hydroelectric Project Abstract and Map)
Appendix 20 (Hellroaring Hydroelectric Project Abstract and Map)
Appendix 21 (MTFWP Wetlands Abstracts and Maps)
Appendix 22 (MTFWP Claim Number 76L 153988-00 to be Co-Owned by Tribes)
Appendix 23 (USFWS Wetland Abstracts and Maps)
Appendix 24 (USFWS Claims to be Co-Owned by Tribes)
Appendix 25 (Kootenai Mainstem Instream Flow Right Abstract)
Appendix 26 (Swan Mainstem Instream Flow Right Abstract)
Appendix 27 (Lower Clark Fork Mainstem Instream Flow Right Abstract)
Appendix 28 (MTFWP Claims to be Decreed as Part of the Compact)
Appendix 29 (MTFWP Claims Not to be Decreed as Part of the Compact)
Appendix 30 (Former Milltown Dam Instream Flow Abstracts)
Appendix 31 (Former Milltown Dam Instream Flow Enforceable Level Technical Document)
Appendix 32 (2004 DNRC-MTFWP Painted Rocks Contract)
Appendix 33 (1958 Painted Rocks Contract Including Amendment)
Appendix 34 (1992 MTFWP-BOR Lake Como Contract)
Appendix 35 (Placid Creek Instream Flow Right Abstract and Map)
Appendix 36 (Kootenai River Tributary Instream Flow Abstracts)
Appendix 37 (Flathead Reservation Unitary Water Management Board Forms)
Appendix 38 (Flathead Proposed Preliminary Decree)

 

Hungry Horse Reservoir

Below are links to a cover letter and a report detailing the State's response to the Tribes' proposal for access to up to 90KAF of releases from Hungry Horse Reservoir as a component of a comprehensive water rights settlement. Below is also a link to the Bureau of Reclamation's report modeling the possible effects of the Tribes' proposal.

CSKT-Montana Compact vs. CSKT Claims

CSKT-Montana Compact vs. CSKT Claims.JPG
CSKT Story Map

The Story of Montana's Reserved Water Right Compacts

RWRCC Compacts Story Map.JPG
Compact Story Map