Is state surrendering to the tribes on water-use permits?

We have been barraged and harangued by those who want us to believe that without the current Reserved Water Rights Compact for the Flathead Reservation, we have no vehicle for permitting water rights. They profess that the DNRC process no longer exists on the reservation.  

We are told that a new, improved and necessary replacement process, known as the Unitary Management Ordinance, is the best and only replacement for the defunct state-based process that the remaining entire state of Montana uses.

Amazing, simply amazing how carefully chosen words and phrases can be used to manipulate us. Unfortunately, from the mouth of babes comes mis-information.

The Montana Supreme Court decision of Dec. 06, 2002, when the Confederated Salish and Kootenai Tribes sued Jack Stults (the DNRC administrator for Montana), paragragh 33, says: “We cannot say it more clearly: the DNRC cannot process or issue beneficial water-use permits on the Flathead Reservation until such time as the prior pre-eminent reserved water rights of the Tribes have been quantified.”

The words “until such time” indicate a temporary restraint on the DNRC performing their job of issuing water permits — NOT a permanent removal of that duty.

The attorneys from the state attorney general’s office, assigned to the Compact Commission, have repeatedly stated in open public meetings that the Tribes HAVE quantified their reserved water rights (supposedly contained within the 1,100 pages of abstracts), so does that give the DNRC the green light to resume issuing water-use permits and negate any need for a Unitary Management Ordinance? I surely believe so. 

Michael Gale, Ronan