Public comments were heated at times Wednesday during a negotiating session for the proposed water compact for the Confederated Salish and Kootenai Tribes.

Comments on all sides of the issue were aired during a meeting between the tribes and the Montana Reserved Water Rights Compact Commission in Polson. Some people in the audience walked out in disgust during the vigorous public comment portion.

The proposed water-rights compact aims to quantify the tribes’ water rights and spend millions of dollars to improve the Flathead Irrigation Project, but there’s controversy about whether it could impair landowners’ water rights and usage.

Wednesday’s negotiations focused on the tribes’ recently proposed changes to the language in the compact and its various appendices.

Arlee resident Kerry Doney, a member of the board that oversees irrigation districts, said the water compact meetings often get heated.

“They’re all going off in different directions,” Doney said. “Some are anti-government, some are anti-tribal and some are anti-tribal government. It’s hard to stay united and go in one direction.”

Doney said he’s an irrigator as well as a tribal member and supports the compact.

“I’m in favor because the tribe has given what I thought was a fair amount,” Doney said. “What’s left is the irrigators, and it’s a balance of allotted water. So as long as everybody gets a little, we can make it work.”

A woman named Christie said she is a small cherry farmer who has lived on tribal land for about 30 years. She claimed that her trees were irrigated until the irrigation equipment was torn out by one of her tribal member neighbors after he moved away.

“I’d like to make clear that there will be no water compact,” she said.

“Let it go to litigation. I make that statement because the tribe is the middleman. We have the state of Montana Water Board that does an excellent job. Why does the tribe get involved in things that are not in their expertise area?”

She continued: “I’m very serious about this. I feel very strongly. Over the last couple of years, I’ve had it. You’re nothing but the middleman. The state of Montana can run this efficiently. There will be no compact.”

She was cut off due to time restrictions but twice attempted unsuccessfully to return to the microphone to speak again.

Clarice Ryan of Bigfork said negotiators need to get back to the basics. “One of the things we need to look at is the original purpose of the reservation,” she said. “Has it changed? The rights of the individual and the compact have been redirected to water availability as opposed to rights” of the people.

Ryan also expressed concern about whether the tribes or the state will be responsible for funding the water compact in the future and the effect it will have on the state. “We need to take each of these segments and see how far away from the original intent we are.”

Tribal member Jasmine Brown said she hadn’t attended a water meeting for over a year since she doesn’t feel there is a fair representation during these sessions.

“I feel in these meetings that it’s 90 percent about irrigators and the membership is hardly ever a priority in these discussions,” Brown said. “One hundred percent of the community uses that water.”

A man who identified himself as Christopher said that he believes that until there is a sovereign immunity waiver written into the compact, there’s no way it will succeed. “Until you get rid of the unconstitutionality ... good luck. You guys have given no order to anyone who is opposed to this thing, so I’ll save you some time and say, ‘See you in court.’”  

While some people offered passionate statements Wednesday, others, such as tribal member Kale Thomas, simply stood up and offered simple statements.

“You’re making this an Indian issue,” Thomas said. “Let’s not make this an issue against my people. Let’s get together.”

Derek Skees, a former legislator from Kalispell, said the commission has exceeded its legislative authority by bringing up aboriginal rights.

“Who owns the water in Montana? The citizens,” Skees said. “This is regulation without representation. Take a look at the Whitefish doughnut issue. You cannot regulate without having a representative voice, and that’s exactly what will happen in 11 counties in Montana.

“Throw it out, start all over and let’s get a compact we can all support.”

Reporter Brittany Brevik can be reached at 758-4459 or by email at bbrevik@dailyinterlake.com.