85-20-701 MCA
In 1996, a water rights compact between the State and the USFWS was reached for both the Benton Lake and Black Coulee national wildlife refuges (NWR). This compact provides water for wildlife consumption and habitat, as well as administrative uses and wildlfire suppression. The compact was ratified by the 1997 Montana Legislature and signed by Gov. Marc Racicot. The compact has been approved by the appropriate federal agencies. The Montana Water Court issued final decrees for the compact in October 2005 (Case # WC-2000-03 & WC-2002-04).
Compact Summary
US FISH & WILDLIFE SERVICE, BENTON LAKE AND BLACK COULEE – Montana Water Right Compact
Benton Lake National Wildlife Refuge
For natural flow in the Lake Creek watershed:
The U.S. Fish and Wildlife Service has the right to the remaining natural flow in the Lake Creek watershed after the following rights are satisfied:
For consumptive use:
Black Coulee National Wildlife Refuge
For natural flow in the Black Coulee watershed:
The U.S. Fish and Wildlife Service has the right to the remaining natural flow in the Black Coulee watershed above the Refuge after the following rights are satisfied:
It is important to understand, that despite their 1938 priority date, the U.S. Fish and Wildlife Service is willing to subordinate to all existing uses in the watershed up to the date the Compact is finalized (7/17/1997). This means the U.S. Fish and Wildlife Service is basically willing to take a 1997 priority date and has agreed to the exemption of stock ponds and small groundwater wells. It means that if all such existing uses are satisfied, the remaining water referred to in the proposal would belong to the Refuge.
Benton Lake National Wildlife Refuge
For natural flow in the Lake Creek watershed:
The U.S. Fish and Wildlife Service has the right to the remaining natural flow in the Lake Creek watershed after the following rights are satisfied:
- all valid water rights (as finally decreed by the Water Court or permitted by DNRC with a priority date before 7/17/1997) are satisfied; and
- new post-Compact wells of less than 35 gallons per minute that use 10 acre-feet per year, and
- new post-Compact stock impoundments with a surface acreage of 15 acre-feet capacity or less that appropriate a maximum of 30 acre-feet per year
Basin closure in the Lake Creek watershed to new water permits other than the 35 gpm or less wells, and stock water up to 15 acre-feet capacity or less that appropriates a maximum of 30 acre-feet per year.
For consumptive use:
2 acre-feet of groundwater for headquarters site well.
Black Coulee National Wildlife Refuge
For natural flow in the Black Coulee watershed:
The U.S. Fish and Wildlife Service has the right to the remaining natural flow in the Black Coulee watershed above the Refuge after the following rights are satisfied:
- all valid water rights (as finally decreed by the Water Court or permitted by DNRC with a priority date before 7/17/1997) are satisfied; and
- new post-Compact wells of less than 35 gallons per minute that use 10 acre-feet per year, and
- new post-Compact stock impoundments with a surface acreage of 15 acre-feet capacity or less that appropriate a maximum of 30 acre-feet per year.
Basin closure in the Black Coulee watershed upstream from the Refuge to new water permits other than the 35 gpm or less wells, and stock water ponds of up to 15 acre-feet capacity or less that appropriates a maximum of 30 acre-feet per year.
It is important to understand, that despite their 1938 priority date, the U.S. Fish and Wildlife Service is willing to subordinate to all existing uses in the watershed up to the date the Compact is finalized (7/17/1997). This means the U.S. Fish and Wildlife Service is basically willing to take a 1997 priority date and has agreed to the exemption of stock ponds and small groundwater wells. It means that if all such existing uses are satisfied, the remaining water referred to in the proposal would belong to the Refuge.
Compact Map:
Compact Appendices:
- Appendix 1 - Compact Water Right Abstracts
- Appendix 2 - Claims for Benton Lake Refuge to be Dismissed
- Appendix 3 - Claims for Black Coulee Refuge to be Dismissed