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Put away the fables and look at the real water compact

by Susan Lake
| May 5, 2015 8:04 AM

Letter to the Editor:

 

There have been many broad statements made about property rights and water rights lost in the passing of the Confederated Salish and Kootenai Tribes water compact. There have been many broad statements about the federal government having control of the water in 11 counties.  There has been very little substance. 

How is it that a tribal water right lower than the federal requirement of Libby Dam by Federal Energy Regulatory Commission has become a taking? The water is already a  legally required nonconsumptive use. The water is already no longer available for new consumptive uses. It is a federal requirement. Again, where is the taking?

Other water rights such as co-ownership of Fish, Wildlife & Parks rights are for already taken rights for nonconsumptive use. Montana Fish, Wildlife & Parks continues to regulate those rights as they have in the past. So where is the federal taking? Whose property values or water rights are in jeopardy?

On the reservation irrigators are guaranteed their historic water use. That cannot equate to a 60 percent loss in irrigation water. Yet there are those who continue to say it.  

The Department of Natural Resources and Conservation will continue to regulate water off the reservation. The same water that was available without the compact will continue to be available with the compact. It is up to the Water Court to continue the adjudication process and at the end of that process water users in Western Montana will know what water is still available. The compact impacts none of that.  

What the compact does is bring in 90,000 acre feet of water from Hungry Horse so that water users in Western Montana who are already denied new uses have a new water source. That would increase property values in some areas.

It is time to put away the fables and look at the benefits of the compact

 

— Susan Lake,

Ronan