WSP03082

• File Number: 8064
• Description: Section "D" General Federal Issues/Policies - Indian Water Rights
• Date: 4/19/1985
• Title: Final Report of Tribal Negotiating Team to Fort Peck Tribal Executive Board of Fort Peck-Montana Water Compact
• Water Supply Pro - Doc Type: Report/Study

O\3-1Q

21

mainstem of the Missouri River from Fort Peck Reservoir or
downstream.

This paragraph and paragraph 3 of Section J of
Article III provide that diversions from the mainstem of the
Missouri River can also be made upstream from Fort Peck
Reservoir. These, however, must comply with3~11 state laws,
and secure consent of the State legislature.

The Tribes can also authorize persons who have rights
under state law to divert and use surface water outside the
Reservation from the tributaries other than the Milk River that
cross the ~~servation by entering into "deferral agreements"
with them. Deferral agreements are somewhat different from
water marketing agreements on the mainstem of the Missouri
River. Through these deferral agreements, the Tribes could
agree to accept compensation for subordinating the Tribes'
rights to the person making the diversion for a term of years.
No ground water can be diverted for marketing outside the
Reservation or be the subject of a deferral agreement. Unlike
Missouri River water marketing, the person making the agreement
with the Tribes would have to comply with state water laws as
well as the terms of the agreement with the Tribes.

Eighth, while diversions from Fort Peck Reservoir or
downstream from Fort Peck Dam do not have t~5comply with state
regulatory and administrative requir3wents, the Tribes are
required by paragraph 1 of Section J to give advance notice
to the State showing that,

(1) the off-reservation use of water will be
beneficial as defined by valid state law;

33A1so, in the area of the Missouri River above the
Reservoir, the Tribes would have to give prior notice to the
operators of the nearest dams -- probably either the United
States Army Corps of Engineers or the Montana Power Company.

34Article III K(4).

35see, e.g;, Tr. Feb. 28, 1985, pp. 15-16 (remarks of Mr.
Roth) .

I
..J

36The requirements of this paragraph also apply to
diversions from the mainstem of the Missouri River and Fort
Peck Reservoir outside the Reservation for use within it.