In the real world, water may follow the path of least resistance, but if the tedious water rights negotiations between the Confederated Salish and Kootenai Tribes (CSKT), the State of Montana and the federal government have taught us anything, it’s that the laws of nature do not necessarily translate to the negotiating table, where tensions remain among concerned stakeholders throughout the Flathead Reservation.

Despite lingering questions and concerns from some members of the public, on Oct. 24, the three sides gathered at the Tribal Council Chambers in Pablo in an effort to keep making incremental progress toward a resolution.

“We think we’ve got a pretty well-balanced product right now,” said Chris Tweeten, chair of the Montana compact commission, following the session. “In a negotiated settlement, neither side gets everything they want, but what makes it a win-win is that it doesn’t go to litigation.”

Bill Schultz, program manager of the compact commission, said that an important development in the latest draft of the compact is a new section that establishes protection for non-project irrigators. A separate agreement over management of the Flathead Indian Irrigation Project (FIIP) has yet to be finalized.

One area that has drawn much public interest is the issue of off-reservation water claims, which are still being sorted out, particularly in the Swan, Kootenai, and Clark Fork watersheds.

As the new year – and new legislative session – creeps nearer, all parties are aiming to work swiftly toward an agreement.

“We would like to have legislation drafted prior to the session,” said Schultz.

The next negotiation session has been scheduled for Wed., Nov. 28 at 9 a.m. at the KwaTaqNuk Resort in Polson.