Background

Some of the history behind the completion of the Compact

Water Compact | Chronological Highlights

1855

The Hellgate Treaty establishes the Flathead Indian Reservation, a 1.3 million acre reserved area in exchange for the 22 million acres of aboriginal territory. The treaty contains language setting the Tribes’ rights in usual and accustomed places outside of the Reservation, thereby forming the basis for claims to water rights within aboriginal territory.

1908

Construction begins on Flathead Indian Irrigation Project, which was authorized in 1904. This leads to an influx of white settlers and unrecoverable modification to the land and water resources of the Reservation.

1979

Filing of Tribal and Federal water rights claims before the Montana Water Court are stayed, pending negotiations with the Montana Reserved Water Rights Commission.

1987

Following a Ninth Circuit Court decision, interim instream flows and minimum reservoir pool elevations are established at stream and reservoir locations influenced by the Flathead Indian Irrigation Project.

1996

The Ciotti line of lawsuits comes before the Montana Water Court determine that Montana State Law, as applied to permitting of and changes of use of water rights, is not applicable on the Reservation. This stays the process to file for new uses of water on the Reservation, and places in limbo, water put to use following the Ciotti cases.

2008

Negotiations accelerate between the Tribes, the State of Montana, and the United States to resolve the Tribes’ reserved and aboriginal water rights.

2013

A Water Rights Settlement package, including a Compact and appendices, a Unitary Administrative Ordinance, and a Water Use Agreement are finalized and presented to the Montana State Legislature. The 2013 Legislature does not pass this version of the Compact.

Following failure of the 2013 State Legislature to pass the Compact, the Montana Legislative Water Policy Interim Committee takes the proposed Compact under review, forms a technical working group, and initiates a legal and policy review of the Compact. The Water Policy Interim Committee and work group engage the Compact up to the 2015 Montana legislative session.

2015
April

The Proposed Compact and associated materials are prepared as Montana Senate Bill 262. Both pass in the Montana House and Senate.

2015
June

The Tribes and the United States file their water rights claims with the Montana Department of Natural Resources and Conservation (DNRC) in order to protect the Tribes’ rights should the Compact not reach full ratification. Claims are submitted with a request to Water Court to stay action on the claims pending full ratification of the Compact.

2020
December 21

Congress passed the Montana Water Rights Project Act.

2020
December 27

Former President Trump signed it into law.

2020
December 29

CSKT’s Tribal Council approved the compact and ordinance.

2020
December 29

CSKT’s Tribal Council approved the compact and ordinance.

2021
September 17

Date the Compact was enacted.

2022
February 2

The Flathead Reservation Water Management Board, made of five voting members, was fully formed.

2022
October

The Water Engineer, Ethan Mace, was hired.

2023
May

The Office of the Water Engineer, staff, and the FRWMB board have approved more than 300 domestic well permits, issued multiple water rights and accepted three substitute wells.

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