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Confederated Salish and Kootenai Tribes

The CSKT, Compact Commission and the United States are working diligently to reach a comprehensive water rights settlement for the Flathead Indian Reservation. The parties have been holding monthly formal negotiating sessions and conducting extensive technical work done at a staff-to-staff level. In addition, lawyers from all sides have been working on evaluating the Tribes’ proposal for a single administrative body for on-reservation water rights. One of the key documents for the creation of such a body is an Ordinance that the Tribes would adopt and that would be incorporated into State law as well. Below, please find our proposal for how to handle new permits and changes under the Unitary Management Ordinance.  As the initial comments on the proposal below describe, this proposal is intended to substitute for the New Permit and Change process set forth in Parts 2 and 3 of Chapter II of the November 3, 2008 Draft Unitary Administration and Management Ordinance ("Draft Ordinance"), and in Chapter III, Objections and Hearings.

Below is the information presented at the April 27 and June 9, 2011 Negotiation Sessions regarding updates to the following sections of the Ordinance: Stock Water Allowance, Appropriation Rights Allowed; Domestic Allowances; and Registration of Certain Previously Unrecorded Uses of Water.  Included are: pertinent draft sections of the Ordinance; the draft  forms;  PowerPoint presentations; and technical background papers.

If you have questions regarding the documents, or the negotiations more broadly, please email us.

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State of Montana’s Proposal for the Resolution of the Off-Reservation Water Right Claims of the CSKT

May 15, 2012

March 7, 2012

January 30, 2012

July 20, 2011

Draft Administrative Ordinance Provisions

March 19, 2012

September 22, 2011

June 29, 2011

April 27, 2011

Proposed New Permits and Changes Flow Chart 

January 7, 2011

September 23, 2008

Hungry Horse Reservoir

Below are links to a cover letter and a report detailing the State's response to the Tribes' proposal for access to up to 90KAF of releases from Hungry Horse Reservoir as a component of a comprehensive water rights settlement. Below is also a link to the Bureau of Reclamation's report modeling the possible effects of the Tribes' proposal.