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[article provided by LH. Thanks!]

http://www.charkoosta.com/news1.html
Feb. 18, 2000

Governor Racicot visits tribal headquarters

PABLO -- Montana Governor Marc Racicot spent Wednesday on the Flathead
Reservation discussing water rights at meetings in Polson and at tribal
headquarters here.

His visit was prompted by a recent Montana Supreme Court decision that said
the state cannot grant new water rights permits within reservation
boundaries until the Salish and Kootenai people's reserved rights are
measured out.

Following a morning session at the county courthouse in Polson, an
invitation to lunch with the Flathead Basin Commission at the KwaTaqNuk
Resort, and a brief visit with the tribal Department of Human Resource
Development staff, Racicot met with the Tribal Council in front of a crowd
of interested tribal members and others.

Racicot outlined what he called "the state's understanding" about the CSKT
v. Clinch decision handed down on Dec. 30, 1999. Put simply, the state
believes the decision will not hamper the transfer of existing rights
related to property sales. It does affect use of surface water and tributary
groundwater sources.

The Supreme Court's December action stems back to a similar decision handed
down in 1996, when the court told the state it could not issue water-use
permits for reservation water until tribal rights are finalized. The 1997
state legislature responded by passing a law designed to negate the
decision.

The Tribes filed suit, arguing that the new law violated a constitutional
requirement that the state protect existing water rights. The Supreme Court,
while not declaring the law unconstitutional, re-affirmed that the state
cannot issue permits because it can't be determined if they'll affect
existing rights until the Tribes' rights have been quantified.

Racicot told both the Pablo and Polson audiences that the state does not
plan to pursue the Clinch decision any further through the courts.
Litigation is the least-favored option, the governor said -- an opinion
echoed by Tribal Council Chairman Fred Matt.

Matt, who prefaced his comments with praise for Racicot's leadership
throughout his two terms, said the Tribes is ready to begin negotiations
with the state Montana Reserved Water Rights Commission. Commission director
Susan Cottingham admitted that they're behind schedule because of staff and
budget limitations. Racicot said the beginning of a staff-to-staff exchange
of information could be arranged as soon as next week, however.

The hour-long meeting included closing statements, so to speak, from tribal
elder Pat Pierre, who left the governor with a question to ponder: "Why is
it that we're constantly battling to keep what's ours?"

The governor's visit, believed to be his first to tribal headquarters, was
arranged by State Senator Mike Taylor to answer non-Indian constituents'
concerns about the local water rights situation and future development
within reservation boundaries.
 

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