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

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uses for irrigation.48 In addition, all existing or future
uses bv Indians within the Reservation for stock watering
purposes not in excess of 20 acre-feet per year for each
impoundm~gt, and all existing and future uses for domestic
purposes are protected over all existing state law uses
without regard to when these uses commence. This means that
Indians may divert and use surface or ground water in the
future for domestic or protected stock watering uses
irrespective of any other right to water or ground water
underlying the Reservation.

Next, paragraph 3 of Article IV subordinates the
remainder of the Tribal Water Right on the tributaries (but not
on the Missouri mainstem) to four categories of uses
established pursuant to state law:

(1) Beneficial uses of water with a priority date of
December 31, 1984, or earlier which are 50
identified in Appendix A of the Compact;

48After the Compact was executed, the Tribes discovered
that a tribal member, Mr. Charles Brocksmith, was preparing to
irrigate 300 acres near the confluence of Porcupine Creek and
the Milk River. The parties agreed to an amendment that would
protect this proposed use. It is contained as paragraph l(d)
to Section A. Mr. Brocksmith's withdrawal proposes to use
ground water, which is also the source of at least one of the
other protected existing Indian uses. All withdrawals
enumerated in paragraph 1 are protected irrespective of any
existing uses under state law.

49Domestic uses are defined in Article 11(8).

50APpendix A indicates the source of a diversion, its
location in terms of whether it is on or off the Reservation,
the nature of use, and the maximum number of acres or acre-feet
per year which are protected.

For example, the Appendix provides that new uses of the
Tribal Water Right will not interfere with full service
irrigation of 158 acres from surface water within the Porcupine
Creek watershed off the Reservation. The State supplied these
acreages as existing uses and Stetson Engineers verified them.

Section B of Article IV provides that the State may not
(1) shift from surface to ground water (or vice versa), or (2)
shift an off Reservation use to an on Reservation one (or vice
(Footnote Continued)