MONTANA WATER COURT
NOTICE OF ENTRY OF THE CONFEDERATED SALISH AND KOOTENAI TRIBES OF THE FLATHEAD RESERVATION-STATE OF MONTANA-UNITED STATES COMPACT PRELIMINARY DECREE AND NOTICE OF AVAILABILITY
CASE NO. WC-0001-C-2021
ALL WATER USERS NEED TO READ THIS NOTICE
The Montana Water Court has been asked to approve a Compact settling the water rights claims of the Confederated Salish and Kootenai Tribes of the Flathead Reservation. The Flathead Compact was ratified by the Montana Legislature on April 24, 2015 (codified at § 85-20-1901, MCA), by the Congress of the United States on December 27, 2020 (Pub. L. No. 116-260, Title V, Division DD), by the Tribes by Resolution 21-023 of the Tribal Council on December 29, 2020, and signed by the Secretary of the United States Department of the Interior on September 17, 2021. The Flathead Compact Preliminary Decree is now available for your review.
The Flathead Compact defines the reserved water rights of the Tribes within the State of Montana and will entitle the Tribes to divert and use water in accordance with the Flathead Compact within all or part of the following basins: Basin 76D, Kootenai River; Basin 76E, Rock Creek; Basin 76F, Blackfoot River; Basin 76J, Flathead River (South Fork); Basin 76K, Swan River; Basin 76L, Flathead River (below Flathead Lake); Basin 76LJ, Flathead River (to and including Flathead Lake); Basin 76M, Clark Fork River (between Blackfoot and Flathead Rivers); and Basin 76N, lower Clark Fork River (below Flathead River). Also, Tribal water rights can have an impact on water rights in Basin 76G, Clark Fork River (above Blackfoot River); 76GJ, Flint Creek; and Basin 76I, Middle Fork of the Flathead River.
The Preliminary Decree and Commencement Order are available at these locations:
• The Montana Water Court, 1123 Research Drive, Bozeman, MT 59718
• The Montana DNRC, Water Resources Regional Office, 2705 Spurgin Road, Bldg. C, Missoula, MT 59806-5004; (406) 721-4284
• The Montana DNRC, Water Resources Regional Office, 655 Timberwolf Parkway, Ste 4, Kalispell, MT 59901-1215; (406) 752-2288
• Lincoln County Clerk’s Office, Libby, MT; Flathead County Clerk’s Office, Kalispell, MT; Sanders County Clerk’s Office, Thompson Falls, MT; Lake County Clerk’s Office, Polson, MT; Mineral County Clerk’s Office, Superior, MT; Missoula County Clerk’s Office, Missoula, MT; Ravalli County Clerk’s Office, Hamilton, MT; Granite County Clerk’s Office, Philipsburg, MT; Powell County Clerk’s Office, Deer Lodge, MT; Lewis and Clark County Clerk’s Office, Helena, MT; Deer Lodge County Clerk’s Office, Anaconda, MT; Silver Bow County Clerk’s Office, Butte, MT
• Bureau of Indian Affairs, Flathead Indian Irrigation Project Office, 220 Project Drive, St. Ignatius, MT 59865; 406-745-2661
• CSKT Natural Resources Department, 301 Main Street, Polson, Montana, 59860; (406) 675-2700
The Preliminary Decree, Commencement Order, Notice, and Summary of the Flathead Compact water rights are also available on the Montana Dept. of Natural Resources and Conservation website at http://dnrc.mt.gov/divisions/water/adjudication/confederated-salish-and-kootenai-tribes-compact.
OBJECTIONS
Your water usage may be affected by the Flathead Compact. If you do not agree with the Tribal Water Rights recognized in the Flathead Compact, you may file an objection and request a hearing and the Water Court will hear your objection under the existing legal standards. All objections must be filed on the forms provided by the Water Court and must be received at the Water Court by December 6, 2022. Objections can be sent electronically to watercourt@mt.gov or to Montana Water Court, PO Box 1389, Bozeman, MT 59771. This will be your only opportunity to object to the Preliminary Decree. If you do not file an objection at this time, you will not be able to object to the Preliminary Decree in any other proceedings before the Water Court and you will be bound by any final decree entered by the Water Court approving the Tribal Water Rights quantified in the Flathead Compact.
EXTENSIONS
The Water Court may grant a request for an extension of the time for filing objections. A request for an extension must be received by the Water Court on or before December 6, 2022. Use the Water Court’s Request for Extension form found at https://courts.mt.gov/courts/water/LegalResources. If an extension is granted, it will apply to everyone. Any extension will be posted at the offices listed above and will be advertised once in this newspaper.
RIGHT TO APPEAL
If you do not participate in Water Court proceedings, your right to appeal an adverse decision is limited by Section 85-2-235, MCA.
MEETING
One informal public meeting will be held by video conference:
Monday, July 11, 2022 at 6:00 pm. The meeting can be accessed by computer at: https://mt-gov.zoom.us/j/86359692851?pwd=QXQyZGpiR2RnenlrbnNuTkg3bmI2Zz09 or by telephone at +1 646 558 8656 or +1 406 444 9999. The meeting ID is 863 5969 2851 and the password is 333701.
BS 6-15, 6-22, 6-29-22.