The Crow Tribe

1
The Crow Tribe State of Montana Water Compact

• Impact on water quality and availability for
  everyone in
• Crow Country
• Presented to Tribal-State Relations Committee,
  60th Montana Legislature
• Crow Agency, Montana
• October 16, 2007

2
Montana/Crow Compact

• Ratified by Montana Legislature in 1999.
• Central feature is that Crow is entitled to the
  natural flow of the Bighorn River at 500,000 Acre
  Feet per year.
• Must yet be ratified by Congress and put to a
  tribal referendum.
• Federal settlement contribution yet to be
  determined as part of Congressional ratification

3
Tribal Water Right

• Priority date of May 7, 1868.
• New uses or developments will be junior to state
  uses existing at state compact ratification.
• Tribe has right to 500,000 AFY natural flow
  (defined as water that would exist in the Bighorn
  River and its tributaries in the absence of human
  intervention) of the Bighorn River. And Tribe
  has right to 300,000 AFY stored in the Lake.
• Some of the Tribal Water Right must be used for
  in-stream flow protection. 150,000 AFY must be
  left in storage.

4
Crow/Montana Water Compact

• State contributes 15M cash.
• Federal contribution presently being negotiated.
• State and Tribe agreed to pursue federal
  legislation supporting the compact and by MOA to
  not withdraw from the compact.
• Tribe waives other water claims within the State
  of Montana.

5
Streamflow Plan Target Flow Rates

• Optimum Instream Flow minimum flow target of
  2,500 cubic ft. per second
• Standard Instream Flow minimum flow target of
  2,000 cubic ft. per second
• Minimum Instream Flow During low flow periods,
  minimum target of 1,500 cubic feet per second.

6
Federal Ratification

• Tribal representatives collaborated with State
  Reserved Rights Compact Commission to draft
  federal legislation ratifying compact.
• Studies by engineering firm performed to support
  federal contribution to Settlement.
• Draft legislation has been submitted in the form
  of the Crow Water Rights Settlement Act.
• Montana Congressional Delegation has expressed
  support.
• Previously ratified tribal compacts set examples
  for divergence from conventional federal approval
  and ratification process.

7
Federal Contribution

• Irrigation Project Rehabilitation and Development
• Reservation-Wide Municipal Rural Industrial
  Water System
• Tribal purchase of select non-Indian lands to
  ensure tribal benefit from irrigation project.
• Federal Contribution is estimated at 527.5M
• Funded entirely from existing federal revenue
  streams (off-budget financing sources).

8
Crow Tribe State of Montana Water Compact

• Agricultural growth on Crow Lands requires an
  updated irrigation system!
• With your help, the Crow Tribe can build a better
  future, and ALL residents of the Crow Reservation
  can benefit from a safe, dependable, functioning
  water system!
• The Crow Tribe asks for your continued support in
  gaining federal ratification of our water rights
  settlement. Aho!

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