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House Water Bill | Senate Water Bill

PROSPERITY THROUGH CONTINUITY--PROTECT YOUR RIGHTS!
FACTS OF THE CROW TRIBAL WATER SETTLEMENT ACT OF 2009

 
The opposition says: “The Crow Water Bill gives up your Sovereign and Allottee rights.”
 
FACT:
The Crow Tribe Water Rights Settlement Act of 2009:
  • PROTECTS the tribe’s right to administer its own water.
  • PROTECTS the tribe’s right to use 500,000 acre feet per year of the Big Horn River water.
  • PROTECTS the tribe’s right to use 150,000 acre feet per year from Yellowtail storage.
  •  PROTECTS the tribal priority date of May 7, 1868.
  • PROTECTS existing tribal and state uses as of 1999.
    • Any new uses can be developed ONLY by the tribe and Crow tribal members.
    • Only less than ¼ of the water in this bill is already used.
      • THERE IS MORE WATER TO BE USED BY THE CROW TRIBE.
  • PROTECTS tribal right to all surface water flow, ground water, and storage in all creek drainages within the reservation including Pryor Creek Basin.
  • PROTECTS tribal right to use water for development purposes.
  • PROTECTS tribal allottee rights to irrigation.
  • PROTECTS tribal allottee rights to lease their own water with their land if they choose to.
  • PROTECTS Cultural Uses – WATER is Sacred.
    • Morning Water Ceremony
    • Sundance Water Ceremony
    • Sweat Lodge
    • Water for Baptismal Holy Water
  • PROTECTS Water for wells.
  • PROTECTS Water for livestock.
  • PROTECTS Water for domestic and municipal use.
  • PROTECTS FUTURE WATER RIGHTS.
  • PROTECTS the flow of the River.
    • The State of Wyoming objects to this protection and the OPPOSITION is with Wyoming.
FACT:
The Crow Tribe Water Rights Settlement Act of 2009:
  • Will develop a water infrastructure to provide CLEAN water throughout the reservation.
  • Will rehabilitate the Crow Irrigation Project for the benefit of the tribe and its members.
  • Will allow the tribe to develop hydropower at the After Bay.
FACT:
The Crow Tribe Water Rights Settlement Act of 2009 will fund:
  •  Rehabilitation and improvement of the Crow Irrigation Project equal to $160,653,000.00.
  • Design and construction of the Crow (MR and I System ) equal to $200,840,000.00.
  • Tribal Compact Administration - $4,000,000.00 over 10 years.
    • Includes employment and offices
    • Development and administration of tribal water code
    • Important for protection of Crow individual rights
  • Economic Development Projects - $40,000,000.00.
  • Water Development Projects - $37,594,000.00.
  • Municipal R & I System Operations Maintenance & Rehabilitation (OM&R) - $40,513,000.00.
  • Yellowtail Dam OM&R - $30,876,000.00
  • Crow Irrigation Project OM&R $23,365,647.00.
    • Tribe will subsidized Indian owned land.
    • Tribal member OM&R payment will be $0.
  • TOTAL: OVER $500,000,000.00 POTENTIAL to BENEFIT the Crow Tribe.
 
The opposition says: “Section 9 (d) gives up your Crow Rights.”
FACT:
  • There is no section 9(d).
  • Section 7(D) PROTECTS ALLOTTEE IRRIGATION RIGHTS.
  • Section 7(E) PROTECTS ALLOTTEE RIGHTS TO LEASE OUT THEIR WATER AND LAND IF THEY CHOOSE TO.
 
The opposition says: “Non-Indians do not have water rights or protection under the Reserved Rights Doctrine.”
FACT:
  • This 1978 holding was reversed in 1981 in Colville Confederate Tribes v. Walton, 647 F.2d 42.
  • The NEW case protects “Walton” Rights, which are the water rights of Non-Indian successors to Indian Allottees.
  • The Tribe and the United States will reduce state claims in the adjudication process.
  • The Tribe can also buy back state water rights and add them to the tribal water rights.
 
The opposition says: “Section 10 (c) gives up your Crow Rights.”
FACT:
  • Section 10 (c) reserves rights and claims for the tribe on behalf of itself and its members.
    • Claims for enforcement of the compact are preserved.
    • Claims to use and protect new water rights are preserved.
    • Claims outside of Montana are preserved.
    • Water quality claims are preserved.
    • Claims against 3rd parties over Big Horn River accreted lands are preserved.
    • Future claims are preserved.
 
The opposition wants to make you afraid of the Crow Tribe Water Rights Settlement Act of 2009.
FACT:

  • No Crow rights are being transferred to the state of Montana.

  • If the bill fails:

    • The Crow will no longer have the right to administer its own water.

    • The state will be able to grant new state water rights on the Crow reservation.

    • There will be no funds to develop and maintain irrigation and water infrastructure.

    • There will be no water for Economic Development for the Coal to Liquids Plant.

    • If the tribe wants to quantify its water rights, they will have to pay millions of dollars in court to acquire a lesser amount than it is protected in the Crow Tribe Water Settlement Act of 2009.