Vincent spearheads Water Compact legislation

The controversial Confederated Salish and Kootenai Tribes water compact is going to the floor of the Legislature for debate. The compact was introduced on Tuesday by Libby Sen. Chas Vincent, who chaired the interim committee on water policy.

The compact, the largest and most complex of the series of such treaties between Montana and the various tribes, has been controversial from the outset. It represents the final step in clarifying water usage rights in Montana since the constitutional convention of 1972.

“Water is always a controversial issue,” Vincent said. “There are a lot of very passionate people engaged in this process.”

Vincent highlighted key differences between this latest iteration of the compact and the one before it, which was rejected by the Legislature in 2013. First, he said, this compact defines a process. It specifies, in law and agreement, the court of competent jurisdiction for any disputes that arise under the compact. Should litigation arise, it will be adjudicated in U.S. District Court, not state or tribal courts.

Secondly, the compact keeps water usage rights attached to the land, not to any individuals. “Water,” Vincent said, “is owned by the state. Irrigators own the right to use the water, they don’t own the water itself.”

The third major difference is the use of a new water model. The model, explained Vincent, analyzes historic delivery to various irrigators and is intended to ensure delivery meets the historic needs of those irrigators.

Most importantly, Vincent said the model includes a 10-year monitoring and review function. That enables irrigators and authorities to review actual use and other water data to verify accuracy and protect the water usage rights of all parties.

“The model is scientifically sound, but there may be instances in which corrections need to be made, and this provides a way for that to happen,” Vincent said.

The compact also creates a water management board, the first of its kind in Montana. The board will be composed of five members, two appointed by the governor, two by the tribal council and one appointed by the other four members. Should the four members be deadlocked on the appointment of the fifth, that person will be appointed by the chief judge of the U.S. District Court for the District of Montana.

Vincent has been involved with the water compact since 2012. At the time he became involved, he did so because he was unhappy with the compact.

In 2013, following the Legislature’s defeat of the bill, Vincent’s interim committee on water policy decided to conduct more in-depth study on the compact and make recommendations to improve it.

That, he said, is why he is carrying the controversial legislation this year. “When you lead a project for two years, you carry it to the finish line,” he said.

Should the compact fail to pass in this session, Vincent said he expects litigation to begin almost immediately. “I would imagine we’ll be looking at several decades of litigation,” he said. “Claims will be filed by June 30, 2015.”

Vincent said he doesn’t expect it to end there, though, he anticipates passage of the bill during this legislative session. “I have the utmost confidence this compact will be ratified,” he said.

Most of the opposition, Vincent said, stems from earlier versions of the compact and those objections have been addressed in the current format. “A significant portion of the opposition to this compact is relative to the previous one which no longer applies,” he said.

“Those who have taken the time to evaluate the new compact are already on board. People with skin in the game are now in support of the compact.” Those groups include the Montana Farm Bureau Federation, Montana Stock Growers Association, Montana Water Resources Association and a number of farms, ranches and water users’ associations.

Vincent is encouraging interested parties to step back and look at the new compact for what it is, not for what it has been in the past. With that in mind, Vincent is providing an extensive packet of information to every member of the Legislature. He will also be hosting a presentation Saturday at the Capitol, at the end of the day’s floor sessions.

“Please get the information. Take two hours to get educated and let’s have a real discussion,” he said.

Because the compact ratification is considered a general bill under rules of the Legislature, it must be passed in the Senate and transmitted to the House by Feb. 28. That deadline, Vincent said, isn’t final. There are a number of ways in which they could still get it done during the session. “Nothing’s dead until Day 90,” he said.