U.S. Water News Online
MISSOULA, Mont. -- After 15 years of negotiations, state and federal officials have signed an agreement to address federal reserved water rights on national forest land in Montana.
"This is an important model that we hope other states will embrace," said U.S. Undersecretary of Agriculture Mark Rey. "People will hold up Montana as a good example of how these disputes should be resolved in the future."
The Montana Reserved Water Rights Compact Commission and the Forest Service began negotiations in 1992 concerning federal reserved water rights on national forest lands in Montana. When negotiations hit an impasse in 2005, a mediator helped put together the final agreement.
"We can all agree that there's nothing more important in the Rocky Mountains than water," Gov. Brian Schweitzer told the group of about 30 who gathered for the signing ceremony. "It's also difficult to know who actually owns that water."
The agreement, also signed by U.S. Assistant Attorney General Ryan Nelson, proves that the federal government and states can put together an agreement without litigation, Schweitzer said.
"I was a little worried that we folded like a cheap suit, but in the end, we didn't," he said. "This resolution will protect our water for future generations while making sure there are in-stream flows for managing fisheries."
Federal reserved water rights are created when federal lands are set aside for a specific purpose, such as national forests, national parks, or fish and wildlife refuges.
While it was intended that enough water be reserved to meet the purposes for which the federal lands were designated, those rights still have to be negotiated with the state.
The compact was ratified by the 2007 Legislature. It establishes water rights for ranger stations, work centers, tree nurseries, road construction and firefighting. It also establishes "in-stream flow rights" for 77 fish-inhabited streams that pass through the national forests.
It also establishes procedures for the Forest Service to apply for future in-stream flows and changes of use and gives the Forest Service the right to object in the ongoing statewide adjudication.
Chris Tweeten, chairman of the Montana Reserved Water Rights Compact Commission, said the agreement is a plus not only for Montanans and the Forest Service, but also for the different groups concerned about the future of Montana's water.
The compact protects the interests of Montana's agricultural community, which depends on water for livelihood, as well as those who live in Montana because of the recreational opportunities offered by the state's clean and clear waters, Tweeten said.
The agreement also clears the way for the state to continue on with the water rights adjudication process in as many as 40 different water basins across the state, he said.
Federal reserved water rights have to be negotiated before that process can be completed.
Not everyone is happy with the agreement.
Bruce Farling with Montana Trout Unlimited is disappointed that in-stream flows on only 77 streams were protected under the compact.
"We think that all streams on national forest lands should have an in-stream flow right," Farling said. "We think that should be the default."
The compact does provide a process for the agency to apply for future in-stream flow rights on additional streams. Considering the fact it took 15 years of negotiations to get to this point, Farling worries about the amount of time that will pass before more streams are protected.
Return to the U.S. Water News' Archives page Or Return to the U.S. Water News Homepage
Editor@uswaternews.com
*Your Name:
*Your Email:
*Friend's Email:
Use a comma to separate e-mail addresses:
*Your Comments:
Hi, I thought you might like to read this article.
*Required Fields