SB 262 - Establishes Water Rights Compact - Montana Key Vote

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Title: Establishes Water Rights Compact

Vote Smart's Synopsis:

Vote to pass a bill that establishes a water rights compact between the Confederated Salish and Kootenai tribes, the State of Montana, and the United States.

Highlights:

 

  • Establishes a compact that guarantees the following water rights for the Confederated Salish and Kootenai Tribes on the Flathead Reservation (Sec. 1):

    • To have naturally occurring water sources on the reservation; and

    • To have certain off-reservation instream flows to maintain the aquatic environment of the reservation.

  • Appropriates $55 million for the following projects associated with the compact (Sec. 1):

    • $30 million to offset pumping costs;

    • $13 million to aquatic and terrestrial habitat enhancement;

    • $4 million for improving on-farm efficiency; and

    • $4 million for water measurement activities.

  • Establishes the “Flathead Reservation Water Management Board” to be comprised of (Sec. 1):

    • 2 members appointed by the Governor;

    • 2 members appointed by the Tribal Council; and

    • 1 member selected by the other four members.

  • Defines “call” as the right of the holder of a water right with a senior priority date and an immediate need for a use of water to prohibit a holder of a water right with a junior priority date to refrain from appropriating water otherwise physically available until the senior water right is “satisfied” (Sec. 1).

  • Prohibits the Tribes from making a “call” over the following groups (Sec. 1):

    • Those using water for non-irrigation purposes;

    • Those using groundwater for irrigation purposes with flow rates of less than or equal to 100 gallons per minute; and

    • Those within the Federal Indian Irrigation Plan area as irrigators.

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