[Congressional Record Volume 145, Number 27 (Monday, February 22, 1999)]
[Senate]
[Pages S1734-S1735]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BURNS (for hnimself and Mr. Baucus):
  S. 438. A bill to provide for the settlement of the water rights 
claims of the Chippewa Cree Tribe of the Rocky Boy's Reservation, and 
for other purposes; to the Committee on Energy and Natural Resources.


                  WATER RIGHTS SETTLEMENT ACT OF 1999

  Mr. BURNS. Mr. President, today I am pleased to be jointly 
introducing with my fellow Senator from Montana, Senator Baucus, a bill 
to settle the claims and define the water rights of the Chippewa Cree 
Tribe of the Rocky Boy's Reservation. This bill is the product of many 
years of work and negotiations in our state and will result in the 
federal government sanctioning the water rights agreement that has been 
adopted by the Montana State Legislature. This settlement represents a 
textbook example of how State and Tribal governments, together with 
off-Reservation local representatives, can sit down and resolve their 
differences. I am also pleased that local ranchers were involved in 
every step of discussions, and that their water rights are fully 
protected under this settlement.
  The state agreement quantifies the Tribe's on-reservation water 
rights and establishes a water administration system carefully designed 
to have minimal adverse impacts on downstream, non-tribal water users. 
In fact, our goal was to benefit downstream water users wherever 
possible. This is quite an accomplishment in an area of Montana with a 
scarce water supply. The Rocky Boy's Reservation is located in an arid 
area with an average annual rainfall of 12 inches or less. Fortunately, 
the annual runoff from the Bearpaw Mountains, with a annual snowpack of 
over 30 inches, contributes to a significant spring runoff. Effective 
use of that runoff through enlarged or new storage facilities on the 
Reservation is a critical part of the settlement package which this 
bill represents. Accordingly, $25 million in the budget of the Bureau 
of Reclamation is earmarked for specified on-reservation water 
development projects. To meet both the future water and economic needs 
of the Reservation, the bill contains an allocation of 10,000 acre-feet 
of storage water to the Tribe in Tiber Reservoir, a federal storage 
facility. To resolve future disputes, this settlement established a 
board composed of Tribal and off-Reservation representatives.
  In addition, the bill authorizes the initial steps of a more detailed 
process of securing long-term drinking water supplies for the Chippewa 
Cree Tribe, a process that is vital to the survival of the Tribe. 
Specifically, the bill authorizes the following: (1) $15 million in 
seed money toward the cost of a future project to import more drinking 
water to the Reservation. (2) $1 million for a feasibility study by the 
Secretary of the Interior to identify water resources available to meet 
the Tribe's drinkiater needs. (3) $3 million to evaluate water 
resources over a broader area of North Central Montana that contains 
two other Indian Reservations with water rights that have not yet been 
established.
  In closing, I believe that the Chippewa Cree Tribe of the Rocky Boy's 
Reservation Indian Reserved Water Rights Settlement Act is a historic 
agreement. It is a tribute to the Governor of Montana, Marc Racicot; 
the Water Rights Compact Commission; the Chippewa Cree Tribe chairman, 
Bert Cocoran; the Tribal negotiating team; Interior Secretary's 
Counselor, David Hayes; the Federal negotiating team; and the water 
users on the Big Sandy and Beaver Creeks in the Montana Milk River 
valley. This is truly a local solution that takes into account the 
needs and sovereign rights of each party. Just as the mentioned parties 
have worked closely together to get us to the submission of this bill 
today, I intend to work closely with all members of Congress to insure 
passage of this important bill.
 Mr. BAUCUS. Mr. President, I am pleased to join with my 
colleague from the State of Montana on the introduction of the Chippewa 
Cree Tribe of the Rocky Boy's Reservation Indian Reserved Water Rights 
Settlement Act. The legislation ratifies the Compact approved by the 
State and the Tribe in 1997. Senator Burns and I jointly introduced 
this legislation in the 105th Congress and had the 2nd Session of that 
Congress lasted a few more weeks, I believe the bill would have been 
approved by the Senate. The introduction of this bill is the 
culmination of 16 years of extensive technical studies and six years of 
rather intensive negotiations in our state involving the Chippewa Cree 
Tribe, the Montana state government, off-Reservation county and 
municipal governments in north-central Montana, local ranchers, and the 
United States Departments of Justice and Interior.
  The 122,000-acre Rocky Boy's Reservation sits west of Havre, Montana 
on several tributaries of the Milk River on what was formerly the Fort 
Assiniboine Military Reserve. Unfortunately, the portion of the land 
reserved for the Chippewa Cree is rough and arid. Without irrigation, 
much of the land is not suitable for farming. Recent studies have 
demonstrated that the Reservation could not sustain the membership of 
the Chippewa Cree Tribe as a permanent homeland without an infusion of 
additional water. The development of a viable reservation economy calls 
for more water for drinking purposes, as well as for agriculture and 
other municipal uses. In 1982, acting in its fiduciary capacity as 
trustee for the Tribe, the United States filed a claim for the water 
rights of the Chippewa Cree in the State of Montana general stream 
adjudication. Were it not for the negotiated settlement represented by 
this legislation, divisive and costly litigation would be pending 
between the State, the Tribe, the United States and non-Indian ranchers 
for many years to come. Fortunately, in 1979, the Montana legislature 
articulated a policy in favor of negotiation and established the 
Montana Reserved Water Rights Compact Commission to negotiate 
``compacts for the equitable division and apportionment of waters 
between the state and its people and several Indian tribes claiming 
reserved water rights within the state.''
  From the initial meeting in 1992, to the conclusion of an agreed on 
water rights Compact in 1997, the State, the Federal Government and the 
Tribe acted in good faith and worked together to explore options. This 
culminated in passage of a resolution by the Chippewa Cree Tribal 
Council to ratify the Compact on January 9, 1997. Following 
overwhelming approval by the Montana Legislature and appropriation of 
funds for implementation, Governor Marc Racicot signed the Compact into 
state law on April 14, 1997. Subsequent negotiation, in which staff 
from my office assisted the State and Tribe, resulted in approval by 
the United States Departments of the Interior and Justice and drafting 
of this bill by the three parties.
  The litigation filed in state water court in 1982 is stayed pending 
the outcome of this bill. Once passed, the United States, the Tribe and 
the State of Montana will petition the Montana Water Court to enter a 
decree reflecting the water rights of the Tribe.
  I urge my colleagues to support this very positive legislation and 
work with Senator Burns and Montana's Congressman Hill, who has 
simultaneously introduced this bill in the House, to secure passage of 
the Settlement Act this year.
  Mr. President, I look forward to expeditious passage of this historic 
settlement.

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