Irrigators appeal to state high court

A group of Western Montana irrigators has appealed to the Montana Supreme Court, following a Lake County judge’s July decision upholding most of the water compact for the Confederated Salish and Kootenai Tribes.

Representing the Flathead Joint Board of Control, attorneys with Rocky Mountain Law Partners in Kalispell filed the appeal Aug. 30.

The board represents several irrigation districts that use the Flathead Indian Irrigation Project and has consistently opposed the water rights agreement among the tribes, state and federal government.

The controversial measure was signed into law during the 2015 legislative session, but still awaits federal and tribal ratification.

Lake County District Judge James Manley’s July 18 order found that the 2015 bill to ratify the compact contained language requiring a two-thirds vote by the Montana Legislature to pass, but he also ruled that a “severability clause” in the compact allowed that language to be voided while the rest of the law remains intact.

The state’s ratification of the agreement passed both houses by a simple majority last year, despite the protests of some Republican legislators who believed that language in the bill required a two-thirds vote in both houses under the Montana Constitution.

Bruce Fredrickson, a partner with the law firm, has said the appeal will ask the state Supreme Court to apply the two-thirds requirement to the entire compact, rather than just the provision voided by Manley’s decision.

He said Friday the high court will issue a schedule for briefs once it receives hearing transcripts and other court documents from the Lake County District Court.

Full implementation of the water compact cannot take place until it is ratified by all three parties to the agreement. Earlier this year, the compact was introduced in the U.S. Senate, where it awaits ratification at the federal level.

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