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Last modified
7/28/2009 11:15:08 PM
Creation date
10/11/2006 10:41:39 PM
Metadata
Fields
Template:
Water Supply Protection
File Number
8064
Description
Section "D" General Federal Issues/Policies - Indian Water Rights
State
NE
Date
11/8/1984
Title
The Issue of Indian Reserved Water Rights
Water Supply Pro - Doc Type
Report/Study
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<br />3. Montana . <br /> <br />The Missouri River Basin portion of the State of Montana contains six <br />Indian reservations (Blackfeet, Crow, Ft. Belknap, Ft. Peck, Northern Cheyenne, <br />and ROCky Boy's) and over 4.6 million acres of Indian lands. Only South Dakota <br />contains more Indian lands in the basin than Montana. <br /> <br />The State of Montana has been the scene of numerous, significant <br /> <br />litigations concerning Indian reserved water rights. It is also a recognized <br /> <br />leader in fostering negotiated settlements regarding Indian water claims. <br /> <br />With the U.s. Supreme Court ruling in Adsit (Supra, p. II), several pending <br />cases affecting Indian reserved water rights will now be heard in Montana state <br />courts rather than in federal district court. Montana established a state water <br />rights adjudication process in 1973 to effect a comprehensive determination of <br />all water rights in the state, including federal and Indian reserved rights. The <br />United Sta tes subsequently filed suit in federal court for a determination of <br />Indian reserved water rights in Montana. <br /> <br />In 1976, the U.S. Supreme Court decision in Akin (Supra, p. I J) led the <br />State of Montana to revise its water rights adjudication process to establish a <br />separate system of courts for the purpose and to direct the process be <br />approached on the basis of major river systems within the state. The new <br />process set a deadline of January 1982 for all parties to file water rights claims <br />or they would be considered relinquished. <br /> <br />To aid in settling water claims in Montana, the legislature also established <br />a Montana Reserved Water Rights Compact Commission. The nine-member body <br /> <br />-28- <br />
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