Extended version: Read about the unitary management compact negotiations

POLSON — Tribal, state and federal water rights negotiation teams weighed in last week on what could become the meat of the final compact agreement.

The bulk of last Wednesday’s meeting was spent discussing each sides’ stance on the proposed unitary management document, a one-of-a-kind plan proposed by the Confederated Salish and Kootenai Tribes. CSKT has proposed that a joint tribal and state management system, headed by a board, manage all the waters on the reservation. Broken down by articles, the unitary management plan would ultimately outline vital language defining things like the quantification of water rights, and a set management system for the administration of Tribal water rights.

The quantification and administration articles will make up the bulk of the document, but groups need to agree on exactly what will be included in each article. On Wednesday, the teams went through these articles’ provisions to discuss details. The talks included thoughts items such as categories Tribal water rights, attributes of Tribal water rights and general provisions of the unitary administration and the powers and duties of its board.

 Continued negotiations will “flesh out” settlement language. A first draft of the document should be ready for public review in 2-3 months, Tribal Natural Resources Department Head Clayton Matt said.

This draft will have “holes,” CSKT lawyer John Carter said, but will attempt to conciliate fundamental differences and “clashes” between state and tribal water rights distinctions.

For example, CSKT has committed to protect existing water uses, but questions on priority dates and the actual definition for elements like this remain undefined. CSKT is also continuing to work on a irrigation project that would break the reservation land into three irrigation districts, overseen by a appointed board.

Department of the Interior spokesman Duane Mecham said the federal government does endorse aspects of the proposed unitary management plan, and will work to keep a strictly trustee role. It has not been decided whether federal representatives will be included as administrators on the possible water management board.

 State compact director Chris Tweeten said that while state is seriously reviewing the unitary management plan idea, he could see other management systems work on the reservation.

“As we said before, it’s never been done. . . We’re taking this very careful, step-by-step,” Tweeten said.

Tweeten emphasized the need to set exact procedures to properly manage the many facets of the water rights on the Flathead Reservation.

“I really think we’re moving in the right direction,” Tribal Council Chairman E.T. “Bud” Moran said. “We all have some of the same concerns. I feel good about the direction we’re moving.”

Before the unitary management discussion, Tribal hydrologist and technical team spokesperson Seth Makepeace updated the negotiating teams on the water management tools and forecast equations being formulated to help in water management agreements included in the final agreement.

Makepeace reported that the Flathead snowpack sits at 70 percent of the average. The dry conditions are expected to intensify, Makepeace said, because of the El Nino pattern.

The teams also discussed the schedule for negotiations, held a question and answer period and took public comment.