Water compact legislation passes first hurdle in Senate

Three Senate Republicans, led by Libby’s Sen. Chas Vincent, voted with five Democrats to move ratification of the Confederated Salish-Kootenai Tribes Water Compact to the floor of the Senate for approval.

The 8-4 executive action vote by the Senate Judiciary Committee came Friday morning, following a contentious week of debate in Helena.

The week’s activity on the bill began Monday, when hundreds of people packed Room 303 of the Montana Supreme Court for a public hearing on the bill. Interested parties, both for and against ratification, packed the room beyond capacity into a standing-room only event.

Vernon Finley, chairman of the Confederated Salish and Kootenai Tribes, backed the bill, saying it represents a significant compromise on the tribe’s part, “in the spirit of being good neighbors.”

“I stand here to urge the committee to move the process forward,” he said, adding that the bill would prevent the “long arduous process of litigation.”

Without the agreement, the tribe could sue for water rights across the state.

Cory Swanson, representing the Attorney General’s office, also backed the bill, saying it protects existing water rights.

“This is a good agreement that guarantees water for every opponent in this room,” Swanson said.

Some of Montana’s major agriculture groups supported the compact as well, including the Montana Stockgrowers Association and the Montana Farm Bureau Federation.

 Rep. Nancy Ballance, R-Hamilton, led off the opposition. Ballance said the bill came too late for legislators to read it and fully understand it, and that she doesn’t like the “forever nature” of the long-term agreement.

Other opponents said the bill was unconstitutional and doesn’t guarantee water rights for existing users.

Greg Hinkle, of  Thompson Falls, said the threat of litigation made this “legislation by intimidation.” Hinkle’s nephew is Sen. Jedediah Hinkle, R-Bozeman, one of the four Republicans who voted against the bill in committee.

Jon Metropoulos, representing Dixon Melons and the Rocky Mountain Stockgrowers Association, said his clients didn’t like the deal.

“It’s just not a good deal for Montana” he said.

Sen. Vincent issued a statement following passage of the compact out of committee. “I appreciate the time my colleagues took to closely review the compact and decide for themselves that passing the compact is the right choice for water users across Montana. This isn’t about being Democrat or Republican, this is about passing policies that protect Montanans and the next generation’s ability to benefit from our most valuable resource – our water.”

With tensions rising on both sides, the debate now moves to the Senate Finance and Claims Committee for fiscal review. The finance committee will examine the fiscal note, basically the hard-dollar costs, of the legislation. Vincent said he expects the bill to move out of the committee with “similar bipartisan support it received in the Judiciary Committee.”

Vincent said the bill’s momentum continues to grow as it moves forward in the process. He attributes that to more legislators taking time to read and understand the new version of the compact.

“Momentum continues to grow for the bill as more and more legislators take the time to actually look at the revised compact and recognize the significant improvements that have been made from the previous version,” he said.

The Finance and Claims Committee is the final hurdle for the bill before going to the Senate floor for consideration from the entire body. The Senate vote is expected this week.

Should the bill pass the Senate, it will then be transmitted to the House for consideration.

Vincent said several large agriculture groups and water users groups are now in support of the revised compact and have begun educating their members and the general public about the bill.

The Lincoln County Republican Club and the Flathead County Central Committee are the only Republican Party organizations which have expressed their opposition to Sen. Vincent, he said.

The House process will mirror the Senate’s, including committee hearings and a vote prior to floor consideration.

Under Montana legislative rules, the bill must pass in the Senate and be transmitted to the House by the end of the day on Friday, Feb. 27. Vincent said he is confident the bill will pass the legislature during this session and avoid time-consuming and costly litigation.

Michael Wright of Community News Service contributed to this report.