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Montana Water Court approves CSKT water compact

The CSKT Water Compact, approved by Congress in 2021, has been accepted into the final decree by Montana Water Court.
Seli'š Ksanka Ql̓ispé Dam, POLSON
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FLATHEAD RESERVATION — The Confederated Salish & Kootenai Tribes have reached a major milestone in one of the largest water rights settlements in U.S. history after their water rights were accepted into the final decree by the Montana Water Court.

Casey Ryan, division manager for Confederated Salish and Kootenai Tribes Water Resources, said another step in years of negotiations had been completed.

Robyn Wayne reports - watch the video here:

Montana Water Court approves CSKT water compact

"It is a significant accomplishment," Ryan said. "It means that our water rights have been accepted into the final decree by Montana Water Court."

The 1855 Hellgate Treaty promised CSKT water rights, but for more than 160 years the exact amount was never determined. The CSKT Water Compact settles that question through an agreement between the tribe, Montana and the federal government.

Congress approved the compact in 2021, but it has been working its way through Montana’s water court system.

Tribal Chairman Michael Dolson said it has been a long commitment.

"Water has always been a fight in the West," Dolson said. "People appropriate water for all kinds of reasons."

The scale of the water resources covered by the settlement is significant. The agreement encompasses 4,000 miles of streams, including 900 miles of perennial streams, 240 named streams and 208 named lakes. The southern portion of Flathead Lake alone covers 65,000 acres. The reservation also includes 103,000 acres of mapped wetlands and 144,000 acres of irrigated agriculture supported by 17 irrigation reservoirs, more than 1,000 miles of irrigation canals, 10,000 individual irrigation structures and 10 pumping plants.

The agreement quantifies the tribes water rights on the reservation. It also includes funding for infrastructure projects, including modernization efforts.

"We know it is important to know our water resource. Water has always been important to our tribal people — it is the blood of life on the reservation," Dolson said.

Ryan said the completion of this step carries meaning beyond the tribe itself.

"For the tribes, for water users, and it means we can now look forward and move forward together," Ryan said. "Having the ability to protect and perpetuate those water rights, not only for us but for future generations, is so important."

Although the decree can still be appealed within 60 days, tribal leaders say this is a significant step toward fully securing their water rights.

This article has been lightly edited with the assistance of AI for clarity, syntax, and grammar.