Agreeing each vote should be an informed vote, 50 Montana legislators recently requested independent review of the proposed Confederated Salish and Kootenai Tribes’ Water Compact.

You may recall the proposed agreement between the state, tribe, and federal government failed to win legislative approval last year. The Legislature wanted to study the proposal during the off year in 2014, but in keeping with the tribes’ “take it or leave it” ultimatum, the governor vetoed the bill that had authorized the study.

For over a year now, legislators have been asking for in-depth, unbiased professional expertise because this particular law is complicated, contentious, and if ratified it would last FOREVER. The compact will undoubtedly be back before us in the 2015 legislature.

Recently, State Reps. Nancy Ballance, R-Hamilton, and Keith Regier, R-Kalispell, asked a legislative interim committee to conduct independent studies of the compact. One-third of the entire Legislature signed the request.

Last week, the tribes’ attorney testified in opposition to the studies, contending the compact doesn’t need to be looked at any further. But I and many other legislators feel more information is needed in order to make a responsible decision.

“When HB 629 (the proposed Water Compact) was introduced it had a fiscal note attached but no legal review,” Regier testified. “The Legal Services Office of the legislative staff provides a legal review of bills that could raise potential issues based on plain constitutional language conflicts and federal court and Montana Supreme Court case law. I was surprised that off-reservation water rights and the development of a new water right regulatory agency (Unitary Management Ordinance)… did not trigger a legal review.”

Regier continued, “I was told by Legal Services that a legal review was not done because there is a lack of case law in these areas. With a lack of case law on these two issues, that means the CSKT Compact is breaking new ground and setting precedent that can be far reaching. That makes it imperative that legislators have as much information possible before making a decision on this compact. Having ... [an environmental impact] study, private property assessment, and an economic review will make each vote an informed vote.”

Many irrigators have testified against the proposed compact because it would cut their historic water use in half (and in jeopardy). Others believe having their water rights placed under authority of a tribal entity will violate their constitutional right to equal protection under U.S. and Montana law.

The fact that the Flathead Indian Reservation was opened to white settlement over 100 years ago has resulted in a mixed land ownership pattern of private and tribal lands within the reservation boundary. Long ago the federal government made promises to the tribe, homesteaders, and irrigators. In some cases the federal promises are contradictory to one another.

The Legislature does not convene again until 2015, so there is time during this interim to study the laws, the facts, the proposal, and the probable impacts. I will continue in any way I can to seek out thorough and unbiased review of the compact and corrections if warranted.

It’s important to note there are Indian and non-Indian people who favor the compact as well as oppose it. Moving forward with caution and seeking independent analysis to get the facts on the table is the responsible thing to do.

It would be helpful if citizens and decision makers on both sides of the issue stay informed and engaged in thoughtful review and respectful dialogue. If we do that, we may be able to solve this.

“None of the legislators are saying there shouldn’t be a compact.” Regier concluded in his recent testimony. “There are just too many unanswered questions for them to feel comfortable supporting the compact in its present form. Some legislators are comfortable in supporting the compact now. Help me and others attain that same confidence. Let’s do the studies that will answer the questions the compact raises.”

Fielder, a Thompson Falls Republican, represents District 7 in the Montana Senate, which includes part of Flathead County. She can be reached at sen.jfielder@legmt.gov