The Crow Tribe – State of The Crow Tribe – State of Montana Water CompactMontana Water Compact

Impact on water quality Impact on water quality and availability for everyone in and availability for everyone in

Crow CountryCrow Country

Presented to Tribal-State Relations Committee, 60Presented to Tribal-State Relations Committee, 60 thth Montana LegislatureMontana Legislature

Crow Agency, MontanaCrow Agency, MontanaOctober 16, 2007October 16, 2007

Montana/Crow CompactMontana/Crow Compact

Ratified by Montana Legislature in 1999.Ratified by Montana Legislature in 1999. Central feature is that Crow is entitled to Central feature is that Crow is entitled to

the natural flow of the Bighorn River at the natural flow of the Bighorn River at 500,000 Acre Feet per year. 500,000 Acre Feet per year.

Must yet be ratified by Congress and put Must yet be ratified by Congress and put to a tribal referendum.to a tribal referendum.

Federal settlement contribution yet to be Federal settlement contribution yet to be determined as part of Congressional determined as part of Congressional ratificationratification

Tribal Water RightTribal Water Right

Priority date of May 7, 1868.Priority date of May 7, 1868. New uses or developments will be junior to state New uses or developments will be junior to state

uses existing at state compact ratification.uses existing at state compact ratification. Tribe has right to 500,000 AFY Tribe has right to 500,000 AFY natural flownatural flow

(defined as water that would exist in the Bighorn (defined as water that would exist in the Bighorn River and its tributaries in the absence of human River and its tributaries in the absence of human intervention) of the Bighorn River. And Tribe intervention) of the Bighorn River. And Tribe has right to 300,000 AFY stored in the Lake. has right to 300,000 AFY stored in the Lake.

Some of the Tribal Water Right must be used for Some of the Tribal Water Right must be used for in-stream flow protection. 150,000 AFY must be in-stream flow protection. 150,000 AFY must be left in storage. left in storage.

Crow/Montana Water CompactCrow/Montana Water Compact

State contributes $15M cash.State contributes $15M cash. Federal contribution presently being Federal contribution presently being

negotiated.negotiated. State and Tribe agreed to pursue federal State and Tribe agreed to pursue federal

legislation supporting the compact and by legislation supporting the compact and by MOA to not withdraw from the compact.MOA to not withdraw from the compact.

Tribe waives other water claims within the Tribe waives other water claims within the State of Montana.State of Montana.

Streamflow Plan Target Flow RatesStreamflow Plan Target Flow Rates

Optimum Instream Flow – minimum flow Optimum Instream Flow – minimum flow target of 2,500 cubic ft. per secondtarget of 2,500 cubic ft. per second

Standard Instream Flow – minimum flow Standard Instream Flow – minimum flow target of 2,000 cubic ft. per secondtarget of 2,000 cubic ft. per second

Minimum Instream Flow – During low flow Minimum Instream Flow – During low flow periods, minimum target of 1,500 cubic periods, minimum target of 1,500 cubic feet per second.feet per second.

Federal RatificationFederal Ratification Tribal representatives collaborated with State Tribal representatives collaborated with State

Reserved Rights Compact Commission to draft Reserved Rights Compact Commission to draft federal legislation ratifying compact. federal legislation ratifying compact.

Studies by engineering firm performed to Studies by engineering firm performed to support federal contribution to Settlement.support federal contribution to Settlement.

Draft legislation has been submitted in the form Draft legislation has been submitted in the form of the Crow Water Rights Settlement Act.of the Crow Water Rights Settlement Act.

Montana Congressional Delegation has Montana Congressional Delegation has expressed support.expressed support.

Previously ratified tribal compacts set examples Previously ratified tribal compacts set examples for divergence from conventional federal for divergence from conventional federal approval and ratification process.approval and ratification process.

Federal ContributionFederal Contribution Irrigation Project Rehabilitation and Irrigation Project Rehabilitation and

DevelopmentDevelopment Reservation-Wide Municipal Rural &Industrial Reservation-Wide Municipal Rural &Industrial

Water SystemWater System Tribal purchase of select non-Indian lands to Tribal purchase of select non-Indian lands to

ensure tribal benefit from irrigation project. ensure tribal benefit from irrigation project. Federal Contribution is estimated at $527.5MFederal Contribution is estimated at $527.5M Funded entirely from existing federal revenue Funded entirely from existing federal revenue

streams (off-budget financing sources).streams (off-budget financing sources).

Crow Tribe – State of Montana Crow Tribe – State of Montana Water CompactWater Compact

Agricultural growth on Crow Lands Agricultural growth on Crow Lands requires an updated irrigation system!requires an updated irrigation system!

With your help, the Crow Tribe can build a With your help, the Crow Tribe can build a better future, and ALL residents of the better future, and ALL residents of the Crow Reservation can benefit from a safe, Crow Reservation can benefit from a safe, dependable, functioning water system! dependable, functioning water system!

The Crow Tribe asks for your continued The Crow Tribe asks for your continued support in gaining federal ratification of our support in gaining federal ratification of our water rights settlement. Aho!water rights settlement. Aho!