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n~'1n v,u;..b 7 II. PROVISIONS OF THE COMPACT The four essential components of the Compact are as follows: (1) The quantity of water reserved for the Assiniboine and Sioux Tribes; (2) Recognition that the Tribes have authority to market water outside the boundaries of their Reservation without complying with state water law; (3) Protection of all existing tribal uses of water and certain existing state law rights to water on tributaries to the Missouri River, and of all present and any future state rights on the Milk River. (4) Provisions concerning tribal administration of water rights reserved to the Tribes, and resolution of disputes between the Tribes and tribal water users, on the one hand, and the State and state water users, on the other hand. In addition, there are provisions dealing with the use of ground water, with tribal instream flows, with the finality, ratification and binding effect of the Compact, with relinquishment and reservation of other rights and ~Iith enacting further legislation. We report below, by topic, on these provisions. In general, they lend themselves to an Article-by-A3ticle analvsis of the Compact, beginning with Article III. 3Article I is an introductory statement of general purposes. The first purpose of the Compact is to determine finally and forever all federal reserved rights of the Tribes to the use of water. Another purpose of the Compact is to settle the existing litigation, both in federal and state court, as it relates to the Tribes' water rights. The pending state court litigation will determine the water rights of all non-Indians. But the Tribes' water rights as established in the Compact would be final and conclusive in all court proceedings. A final purpose is to remove causes of future controversy over water rights. u Article II is a series of 28 definitions. Where relevant to the discussion of a topic in this Report, these specific definitions are discussed in the text or referenced by a footnote.