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Last modified
7/29/2009 10:42:29 PM
Creation date
10/11/2006 11:32:07 PM
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Template:
Water Supply Protection
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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<br />32 <br /> <br />l Q651 <br /> <br />possible, and we reco~nized that a Compact must provide so~e <br />protection for existing uses to be politically acceptable, even <br />if litigation would not protect those uses. <br /> <br />The State supplied Stetson Engineers with estimates <br />of existing uses by watershed, and in September 1982, Stetson <br />Engineers and various experts from the State travelled along <br />the tributaries to verify actual uses on each tributary <br />system. When the State Commission agreed to tribal water <br />marketing authority in October 1982, the negotiating team then <br />agreed to protect all existing uses on those tributaries. At <br />the Denver ~eeting in February 1983, the tribal negotiating <br />team agreed also to protect, in addition to existing uses, <br />permits issued by the State on the tributaries that have not <br />yet become an actual use of water. <br /> <br />The basic structure of Article IV of the 1983 Compact <br />generally survived in the present Compact. The protected <br />existino state law uses are almost all for irrigation. About <br />19,500 acres in all are irrigated on a regular basis <br />(full-service irrigation) in these watersheds. About 13,000 <br />additional acres are served by "water spreading" during periods <br />of high stream flow, usually during the early spring. The <br />regular or "full service" irrigation diverts about 70,000 <br />acre-fept and consumes about 35,000 acre-feet a year. ~he <br />water spreading, or "partial service irrigation" consumes about <br />6,000 acre-feet annually. <br /> <br />Most of the "full service" irrigation is done from <br />ground water, not surface flow. Of the 19,500 acres served by <br />full service irrigation, about 12,000 acres are irrigated by <br />ground water pumping. Use of ground water is especially <br />prevalent in the Porcupine Creek and Big Muddy Creek <br />watersheds, where a total of about 10,000 acres (mostly outside <br />the Reser"i'.tion) are irrigated by ground water. In all, about <br />50 percent of the diversions authorized by state law and <br />protected by the Compact are from ground water. Much of this <br />is probably pumped from a ground water b~3in that is an <br />ancestral channel of the Missouri River. <br /> <br />J <br /> <br />(Footnote Continued) <br />subordination ultimately provided in Article IV. The <br />negotiating team made it clear that if the State wished to <br />retain that degree of protection, the Tribes must retain the <br />basic advantages provided to them in the 1983 Compact. (Tr. <br />92-94, 122). <br /> <br />53Little is known about this ground water source. It may <br />or may not be connected hydrologically to the Big Muddy Creek <br />or the present Missouri River. <br />
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