Tribal leaders were disturbed after learning the state had pushed a $140 million authorization through a U.S. Senate committee to build a water diversion project within the Blackfeet Reservation borders without the tribe's consent or knowledge.
“We want this issue cleared up before we go any further,” said Blackfeet Chief Earl Old Person during an ardent speech in which he stood before the negotiation team members. “It's not in our favor. We were not notified. We need to be part of this. Š We need to know how this is going to affect our people.”
Tribal attorney Jeannie Whiteing reminded commission members that the tribe has repeatedly sought to have its federal reserved water rights quantified before money was set aside to rebuild the St. Mary water diversion project. Tribal members said they only recently learned of the $140 million authorization, which they called a betrayal.
“Again, we've been blindsided,” said Blackfeet Tribal Councilman Roger Running Crane. He spoke of a historical past, which has excluded and shortchanged the tribe's rights to federally reserved water based on the Blackfeet's 1855 treaty. “That's my question, ‘What are you doing?' ” he said to the state committee members.
“It was not done at our request,” said Chris Tweeten, chairman of Montana's Reserved Water Rights Compact Commission. Hundreds of downstream water users, including farmers and ranchers, would benefit if the St. Mary project were rebuilt. The state's Reserved Water Rights Compact Commission has been pushing for - and was confident they would reach - a water compact agreement with the tribe and get it approved by the state Legislature before the 2007 session ended.
The tribe's negotiating team called for a short recess during Thursday's meeting. When they returned, their position was clear.
“Until the bill is halted and the Blackfeet are protected, I won't come back to the bargaining table again,” said Running Crane. The rest of the council agreed.
Blackfeet committee members said they directed some questions before the meeting to the office of Sen. Max Baucus, D-Mont. Old Person said he talked to Baucus' legislative assistant, Paul Wilkins, about why and how the tribe wasn't notified of the $140 million authorization in the Water Resources Development Act.
Barrett Kaiser, Baucus' communications director, said the senator called Old Person on Thursday afternoon and discussed the issue. Baucus urged the chairman to first work with the state to ratify the compact and then send it to Baucus, so he and the delegation could work on getting it passed, Kaiser said.
“Max supports the tribe's compact and is committed to working together with all parties - the tribe, the state and the delegation - to get it done and do what's right,” Kaiser said. “At the same time, he's pushing to get the St. Mary's project up and running because it's so important to the Hi-Line.”
Earlier in the day, when the Blackfeet delegation asked why they were weren't notified of the Senate action, no one in the room offered an explanation, and members of the state Department of Natural Resources Committee said they were just as surprised as the Blackfeet.
Later in the day, in a phone call with the Missoulian, John Tubbs said he needed to clarify the committee's earlier statements. “We were surprised Baucus got it into the WRDA bill, but to be clear, we were not surprised because Baucus was looking for alternatives.”
Tubbs said his committee originally thought Baucus would get funding through the Bureau of Land Management, but the authorization ended up in the Corps of Engineers budget.
“We'll continue when and if this issue is resolved,” said Jeanne Whiteing, Blackfeet tribal attorney.
Said Tweeten: “We regret that we're not able to move forward.”
Reach reporter Jodi Rave at 1-800-366-7186 or jodi.rave@lee.net
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