After voting down a rules committee decision and more than a dozen amendments on Wednesday, the state House gave a preliminary 53-47 vote in support of the bill to ratify the tribal water compact.

It faces a final vote today.

Having already passed the Senate 31-19, Senate Bill 262 would head to Gov. Steve Bullock’s desk if it wins final approval from the House. 

Before taking effect, the complex water deal also will also require ratification by the Confederated Salish and Kootenai Tribes and U.S. Congress, plus a decree by the state water court.

Much of the three-hour discussion on the floor was devoted to debate over the various amendments and whether they were appropriate for the compact, which is a negotiated settlement among the state, tribes and federal government to define and quantify the water rights for the tribes.

Opponents have frequently criticized the “take it or leave it” nature of the bill, while proponents have said the amendments are intended to kill a measure that was crafted with extensive participation from members of the Legislature.

“We heard a little earlier how we should pass this because it’s been well-vetted,” said Rep. Randy Brodehl, R-Kalispell, after several amendments already had been defeated. “This body’s job is to vet this bill.”

Rep. Steve Fitzpatrick, R-Great Falls, carried the bill in the House and reiterated to the representatives during each amendment debate that to amend the will would effectively kill it.

All 13 amendments was defeated by a majority of the House that fluctuated between two- and six-vote margins. A couple of representatives from each side of the aisle admitted they were still torn over the complex issue, which has a history spanning more than a decade.

“This is a damned-if-you-do, damned-if-you-don’t bill,” said Rep. Alan Redfield, R-Livingston. “I struggle with this and right now the easy [vote] would be a yes and the tough one would be a no.”

All 41 Democrats were joined by 12 Republicans on the preliminary vote Wednesday, a slight gain from the 52-representative coalition that first crystallized during a vote on Tuesday in which the House overturned a decision by the rules committee that would have required 60 votes for the House to blast the bill from the House Judiciary Committee.

After that ruling was overturned Tuesday, the same majority voted to bring the bill to the floor, followed by another challenge claiming that language in the bill requires a two-thirds vote by both the House and the Senate to pass. 

On Wednesday morning, the Rules Committee voted 10-6 to uphold the new challenge, and again the full House voted 52-48 to overrule that decision.

On Wednesday, several Republican members of the Rules Committee expressed concern that the majority of the House was effectively bypassing constitutional dictates. Rep. Art Wittich, R-Bozeman, abstained from the vote altogether, holding that the committee lacked the jurisdiction to make a determination on the rule.

“If we carry out this Kabuki dance into future legislative sessions, that the rule of 51 always applies on everything regardless of what’s in the rules ... let’s say in the 2017 session we have 51 conservatives and we decided to run roughshod over every supermajority vote,” he said.

House Minority Leader Chuck Hunter, D-Helena, responded that the bill language in question simply failed to trigger the two-thirds vote.

Reporter Samuel Wilson can be reached at 758-4407 or by email at swilson@dailyinterlake.com