Group will list streams to tribes

Telling Lincoln County Commissioners “I think we got their attention,” State Rep. Mike Cuffe, R-District 1, said he expects some action this legislative session on the water rights issue affecting Lincoln County.

Cuffe, who was accompanied at the meeting with State Sen. Chas Vincent, R-Libby, said he expects a vote this legislative session, “even if it’s a vote for extension.”

“I think we got their attention,” Cuffe told commissioners. “I think they’re going to pay attention to us.”

At issue, is the Kootenai and Salish Native American tribes 1855 claim to water that flows through Lincoln County including the Kootenai and many of its tributaries.

That 157-year-old claim is the point of contention to the group — and Lincoln County. 

Recently, Cuffe, Vincent and Lincoln County Commissioners Tony Berget and Ron Downey traveled to Polson to hear the Water Rights Compact discuss the tribes’ claim. No action was taken, but there was a meeting after the meeting in which Lincoln County representatives were able to air their concerns.

Vincent said he has been doing some case studies, and he said the tribes’ have a good case.

“It’s up to interpretation, but their water rights have precedence in 1855 of the area. They have their rights to fish (and water), but not the rights to hunt,” Vincent said.

It was that precedence, that sparked the group to take a proactive approach in which the group would attempt list streams in the area and list others that the group would prefer not be on the list.

Don Truman, a resident of the Eureka area, suggested the group present a list of streams noteworthy for the tribes to consider.

“I think we should propose some exemptions of creeks,” Truman said. “I think we should put together a list of creeks for consideration.”

The group that included Lincoln County Commissioner candidate Steve Curtiss suggested the list be completed before the next time the Compact meets on Aug. 29.

“I think if we could put this list together for that meeting, It would be terrific,” Vincent said. “Ultimately, though, you know they’re concerned about the Kootenai.”

Commissioner Berget said there are many possibilities of waterways that could be considered.

“There are 76 streams out there that never touch public property,” Berget said. “How many times have we been told that we have ... water rights, but if we don’t have it in writing, it’ll never happen,” Berget said.

Curtiss said the power of the county voice should have some effect.

“One thought is to say, ‘Heck with this thing, if Lincoln County flexes its muscle we could have this thing thrown out,” Curtiss said, indicating Tobacco and Young creeks should be exempt.

“The streams that we use all the time should be exempt,” Curtiss said.

Vincent, the state senator, suggested the group tread lightly, saying it’s his belief the Montana Fish Wildlife and Parks agency is the driving force.

Vincent acknowledged the tribes are looking for a real estate investment and may be willing to accept a proposal early rather than seen a lengthy process, even litigation.

“Do they (tribes) want to step over dollars to pick up dimes (in Lincoln County)?” Vincent asked rhetorically, indicating perhaps a stream deal could be brokered.