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<br />0678 <br /> <br />. <br /> <br />. <br /> <br />Article III. D. resolves one of the most difficult issues in <br />this Compact. It provides that the Tribal Water Right may be <br />used on the Reservation without regard to whether the purpose for <br />which it is used is recognized as a beneficial use under Montana <br />law. However, off the Reservation, all uses of the Tribal Water <br />Right must be beneficial uses as defined by valid Montana law at <br />the time of any proposed use. <br /> <br />Article III. E. All persons using the Tribal Water Right, <br />including the Tribes, must comply with state law regulating the <br />construction or operation of facilities using or transporting <br />water off the Reservation. <br /> <br />Article III. F. The schedule for diversions of water from <br />the mainstem of the Missouri River, including Fort Peck <br />Reservoir, was developed in cooperation with the Corps of <br />En<;Jineers. The total is equal to the maximum amount which the <br />Tr1bes can divert from all sources: 1,050,472 acre-feet per <br />year. The effect of this is to allow the Tribes some flexibility <br />in monthly diversions. The other provisions relate to the <br />relationship between the Tribes and the United States. <br /> <br />Article III. G. Each use of the Tribal Water Right must <br />comply with all provisions of state law regulating transportation <br />of water outside the State. <br /> <br />Article III. H. Unlike rights established under state law, <br />federal reserved water rights are not abandoned by non-use. This <br />paragraph simply states this basic characteristic of a reserved <br />r i gh t. <br /> <br />Article III. I. This paragraph identifies the sources from <br />which the Tribes may divert water both within and outside the <br />Reservation. It also identifies the other provisions of the <br />Compact which regulate diversions from each source. <br /> <br />Article III. J. If water is diverted from Fort Peck _ <br />Reservoir or from the mainstem of the Missouri River below Fort <br />Peck Dam by any -user of the Tribal Water Right, the Tribes must <br />provide notice to the State and sufficient documentation to show <br />that the proposed diversion meets the criteria established in <br />this paragraph. The criteria mirror the requirements of existing <br />state water law and include new environmental criteria now being <br />considered by the legislature in the water policy bill. If the <br />state reviews the documentation provided by the Tribes and <br />concludes that the proposed diversion will not meet the criteria <br />in the compact, the state may challenge the proposed diversion in <br />court. <br />If water is diverted above Fort Peck Reservoir by any user of <br />the Tribal Water Right, the Tribes must comply fully with state <br />law and, in addition, must secure the approval of the <br />legislature. <br /> <br />. <br /> <br />~ <br />