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Last modified
7/29/2009 10:42:29 PM
Creation date
10/11/2006 11:32:07 PM
Metadata
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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 />0623 <br /> <br />::-1 <br />." ~ <br /> <br />, 1 <br /> <br />-1 <br />. \ <br /> <br />I <br />~ <br /> <br />:./ <br /> <br />4 <br /> <br />\ <br /> <br />Following the November 1982 meeting in Billings, the <br />Tribes, the State, and the Department of the Interior believed <br />that an agreement in principle was sufficiently close that <br />attorneys for the Tribes, State and United States should draft <br />a possible Compact. After a number of negotiating sessions <br />between the attorneys, a Compact was presented to a meeting on <br />February 9, 10 and 11, 1983 in Denver, Colorado (the seventh <br />overall meeting in the negotiations). While no transcript was <br />made of ,this meeting, it was attended by the entire tribal . <br />negotiating team, tribal attorneys Chambers and william Perry, <br />and Mr. Stetson and his colleague, Dr. Mesghinna. Mr. Lindgren <br />and other Interior Department officials, including Joseph <br />Membrino, the Assistant Solicitor for Indian Water, attended, <br />as did representatives of the United States Army Corps of <br />Engineers and of the United States Fish and Wildlife Service. <br />By the time of this Denver meeting, Gordon McOmber had been. <br />selected to succeed Henry Loble as chairman of the Reserved <br />Water Rights Compact Commission. Mr. McOmber had not been a <br />member of the Commission previously. He and several members of <br />the Commission attended the Denver meeting. <br /> <br />Following the Denver meeting, it appeared that <br />agreement had been reached and a Compact could be finalized for <br />presentation to the 1983 Montana Legislature and the Tribal <br />Executive Foard. A draft Compact was circulated in late <br />February. (This 1983 Compact is Appendix B to this Report). <br />Only minor changes remained to be made. <br /> <br />In early March 1983, however, the State Commission <br />abruptly advised the tribal negotiating team that it would not <br />submit a Compact to the 1983 legislative session, and left the <br />bargaining table to reconsider its positions. The tribal <br />negotiating team was stunned by that event. We informed the <br />State that the Tribes were prepared to resume negotiations at <br />any time, but only on the basis of the substantive agreements <br />that hadlbeen concluded and embodied in the draft 1983 <br />Compa.ct. <br /> <br />In January 1984, the State Commission sent to the <br />Tribes and the United States a new draft Compact which the <br />Commission believed could be passed through the legislature. <br />The tribal negotiating team rejected thi's draft Compact out of <br />hand as containing substantial deviations from the terms of the <br />1983 Compact and refused to negotiate on the basis of the State <br />proposal. <br /> <br />lCopies of letters exchanged between Chairman Hollow and <br />Compact Commission Chairman McOmber concerning the State's <br />refusal to continue negotiations are contained as Appendix E. <br /> <br />I <br />I <br /> <br />\ J <br /> <br />.1. <br />\ <br /> <br />i <br />
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