Daines’ bipartisan bill seeks end to state, tribal water dispute

U.S. Sen. Steve Daines (R-MT) on Dec. 11 sponsored a bipartisan bill to protect water access in Montana and end a controversial water dispute between his home state and a Native American Indian tribe.

Sen. Daines introduced the Montana Water Rights Protection Act, S. 3019, with cosponsor U.S. Sen. Jon Tester (D-MT), which is an agreement to permanently settle a longstanding Confederated Salish and Kootenai Tribes (CSKT) water dispute, and protect water rights for all state residents.

“This bipartisan bill and settlement is a good-faith compromise that will bring final resolution to a century-long water dispute, avoid years of costly litigation, and save taxpayers over $400 million,” Sen. Daines said on Wednesday.

According to a one-page summary of the CSKT Water Compact, the Hellgate Treaty of 1855 allowed the Salish and Kootenai Tribes to reserve water rights on and off of the Flathead Reservation in exchange for over 20 million acres of land to the United States government.

The treaty rights are legally binding and without a water compact, “the Salish and Kootenai Tribes, local landowners, and the federal government will enter into lengthy litigation that could cost taxpayers significantly more money than the total price of the CSKT Water Compact,” the document states.

If enacted, S. 3019 would enact the compact and provide CSKT with $1.9 billion to settle damages and rehabilitate the Flathead Indian Irrigation Project and would provide $10 million in road infrastructure funds to Lake and Sanders counties, according to the summary and text of the bill.

Additionally, the bill would return management of the National Bison Range to CSKT, while protecting public access to the range; provide resources to upgrade and improve water infrastructure; conserve fish habitat across northwestern Montana; and permit the U.S. Department of the Interior to negotiate on behalf of CSKT with the state on future land swaps, among other provisions.

The legislation does not have to be voted on by the State of Montana, according to the lawmakers.

“I look forward to continuing to work with my colleagues in Congress, as well as the Trump administration, to get this important settlement for all of Montana across the finish line and signed into law,” said Sen. Daines.