Basins in which the Confederated Salish and Kootenai Tribes have filed water rights claims June 25, 2015 76B 40T 40F 40K DANIELS SHERIDAN 40Q 76D GLACIER 41L 40F 40R TOOLE 40L 40N LINCOLN BLACKFEET 41N 40G HILL 40J LIBERTY ROOSEVELT 76LJ ROCKY 76I FORT PECK BOY'S BLAINE FLATHEAD 41M 41P PHILLIPS 40O 76C 40H 40S PONDERA FORT 40M BELKNAP VALLEY 40I TETON RICHLAND SANDERS 76J 41O CHOUTEAU 41T 76N LAKE 40EJ MCCONE 76K 40E 40P FLATHEAD 41K 41Q 41R 76L DAWSON 41U CASCADE FERGUS GARFIELD 42M 76M LEWIS 41QJ 40D MINERAL PETROLEUM 76F & CLARK JUDITH 41S 40B MISSOULA BASIN PRAIRIE 39G 76HB 76HB 41J WIBAUX GRANITE POWELL 40C 42K 41I MEAGHER 39H 76E 76G WHEATLAND ROSEBUD 76HF 76GJ MUSSELSHELL 42L BROADWATER 40A GOLDEN 42KJ FALLON 76HA 41E VALLEY TREASURE CUSTER 39FJ DEER JEFFERSON RAVALLI LODGE SILVER 43A 43BV 43Q 76HE BOW SWEET YELLOWSTONE 41D 41G GALLATIN STILLWATER 42A 42C 42J GRASS 43QJ 39E 43E NORTHERN CARTER BIG HORN CHEYENNE CROW 41H 43E POWDER 43BJ 43O RIVER MADISON PARK 43C 43E 43P 42I 39F 43B 43D 41B 41F 42B 38H COUNTIES 41C CARBON 43N BEAVERHEAD RESERVATIONS YELLOWSTONE PARK 41A Basin Boundary & CSKT Claims Basins included in CSKT claim filing CSKT Legal Department Basins not included in CSKT claim filing June 2015 NAD 1983 StatePlane Montana FIPS 2500 created by DOWL \\BIL-FS\BIL-projects\25\20083-05\60GIS\LitigationWork\ClaimFiles\BasinsWithClaims.mxd United States and CSKT 10,000 Claims Analysis THE CSKT COMPACT DOES NOT PROVIDE from the date on which the ratification of the TREATY OF HELLGATE AND OFF RESERVATION FINALITY Compact by the Montana Legislature takes effect RIGHTS: Off reservation rights in the CSKT under State law. This is a continuing right until Compact are claimed to arise from Article 3 of the Montana Code Annotated 85-20-1601: CSKT Compact: Congress ratifies the Compact; Treaty of Hellgate, a Stevens Treaty: Below is the ARTICLE VII. FINALITY b. Appropriations are not made in the manner language from Article 3. Where is the word water contemplated by the Federal legislation ratifying C. Disposition of State and Federal Suits. 1.c.: The this Compact; mentioned? What does the language “in Common United States, the Tribes, and the State shall execute c. The Parties do not reach agreement on the with the citizens of the Territory” mean? and file joint motions pursuant to Rule 41(a), State contribution to settlement; Mont.R.Civ.P., to dismiss without prejudice any and all d. The State has not authorized appropriations for …. the exclusive right of taking fish in all the claims of the Tribes, Tribal members, and Allottees and the State contribution to settlement within five stream running through or bordering said any and all claims made by the United States for the years from the date the Compact is ratified by the reservation is further secured to said Indians; as benefit of the Tribes, Tribal members, and Allottees United States; or also the right of taking fish at all usual and that have been filed in the Montana Water Court as e. Appropriations are not made by the State in the accustomed places, in common with the citizens of contemplated by Article VII.D.2. The case adjudicating manner contemplated by any agreement for the Territory and of erecting temporary buildings those claims may only be resumed if either the State or contributions to settlement made pursuant to for curing; together with the privilege of hunting, the Tribes exercise the rights each holds under Article Article VI.A. VII.A.2 and 4; gathering roots and berries, and pasturing their 4. Notwithstanding any other provision in the horses and cattle upon open and unclaimed land D. Settlement of Water Rights Claims. 2. The Tribes Compact, the State reserves the unilateral right to INDIAN CLAIMS COMMISSION STIPULATION and United States will file all of their claims to water on withdraw as a Party to the Compact if: and off of the Flathead Indian Reservation on or before AGREEMENT 1966 (17 Ind. Cl. Comm. 297) July 1, 2015, pursuant to 85-2-702(3), MCA. Upon filing, a. Congress has not ratified this Compact within the Tribes and United States will request that the four years from the date on which the ratification Indian Claims Commission Docket 61 settled the Montana Department of Natural Resources and of the Compact by the Montana Legislature takes tribe’s off reservation ceded lands claim and Conservation stay any action on such claims pending effect under State law. This is a continuing right extinguished aboriginal title to those lands. the occurrence of the following events: until Congress ratifies the Compact; a. The passage of an Act of Congress ratifying the b. The Tribes have not ratified this Compact within Stipulation agreement found at p. 309 reads: Compact and authorizing appropriations for monetary five years from the date on which the ratification settlement to the Tribes; of the Compact by the Montana Legislature takes “The judgment shall finally dispose of all claims or b. Approval by the Tribes of the Compact and the effect under State law; demands which petitioner has asserted or could Act described in Article VII.D.2.a. c. Congress requires a State contribution to have asserted in this case against defendant, and c. Issuance by the Montana Water Court of a final settlement that exceeds the contributions petitioner shall be barred from asserting all such water right decree or decrees incorporating the water described in Article VI.A; or claims or demands in any future action” rights quantified pursuant to this Compact; and d. Congress does not authorize and appropriate d. All portions of the final Water Court decree or the Federal share of funding agreed to pursuant to WHEN IS FINAL, FINAL? decrees survive exhaustion of all avenues of appeal. Article VI.B. The Indian Claims Commission was established by A. Ratification and Effectiveness of Compact. MEANING OF “WITHOUT PREJUDICE” Congress to forever resolve the grievances with the tribes that existed at the time. That included 2. Notwithstanding any other provision in the A case dismissed without prejudice is not over and their ceded lands, waters, and resources. If the Compact, the Tribes reserve the unilateral right to done with and can be brought back to court at any withdraw as a Party if: CSKT can take $ millions in settlement funds but time. The Plaintiffs (Tribes, United States), can ignore the stipulation agreement that was a. Congress has not ratified this Compact and bring a new lawsuit, or the same lawsuit again at incorporated into the final settlement, why would authorized appropriations for the Federal any time. they honor the law with respect to any reopening contribution to the settlement within four years of off reservation claims? United States and CSKT 10,000 Claims Filed June 15, 2015 © 2020 Concerned Citizens of Western Montana Page 2 of 28 United States and CSKT 10,000 Claims Analysis Towns and On / Off Priority Total # Basin Purpose / Use Source Cities FIR Date Claims 40A Harlowton, Off Fish & Wildlife Immemorial 62 Alabaugh Creek (2), American Fork Creek (2), American Fork Musselshell Ryegate Creek, South Fork (2), American Fork, Middle Fork (2), Big Elk River, Above Creek (2), Bonanza Creek (2), Boulder Creek (2), Box Canyon Roundup (2), Careless Creek (2), Checkerboard Creek (2), Comb Creek (2), Cottonwood Creek (2), Cottonwood Creek, Middle Fork (2), Cottonwood Creek, West Fork (2), Daisy Dean Creek (2), Flagstaff Creek, West Fork (2), Haymaker Creek (2), Hensley Creek (2), Hopley Creek, East Fork (2), Hopley Creek, West Fork (2), Lion Creek (2), Loco Creek (2), Morrisy Coulee (2), Musselshell River (1), Musselshell River, North Fork Reach 1 (2), Musselshell River, North Fork Reach 2 (2), Musselshell River, Reach 1 (1), Musselshell River, South Fork (2), Spring Creek (2), Swimming Woman Creek (2), Timber Creek (2), Warm Springs Creek (2) 40B Winnett Off Fish & Wildlife Immemorial 8 Cougar Gulch (aka Fords) Creek (2), Flatwillow Creek (2), Half Flatwillow Creek, Moon Creek (2), North Horsethief Canyon (2) Including Box Elder Creek 40C Roundup Off Fish & Wildlife Immemorial 6 Mussellshell River, Reach 2 (2), Mussellshell River, Reach 3 Musselshell (2), Willow Creek (2) River, Below Roundup 40EJ Zortman Off Fish & Wildlife Immemorial 4 Cow Creek (2), Missouri River (2) Missouri River, Between Bullwhacker Creek And Musselshell Rivers 40I Off Fish & Wildlife Immemorial 2 Peoples Creek (aka 'South Branch Peoples Creek) (2) Peoples Creek 40J Chinook, Havre, Off Fish & Wildlife Immemorial 6 Battle Creek (2), Beaver Creek (2), Little Box Elder (Boxelder) Milk River, bet. Malta, Saco Creek (2) Fresno Reservoir & Whitewater Creek United States and CSKT 10,000 Claims Filed June 15, 2015 © 2020 Concerned Citizens of Western Montana Page 3 of 28 United States and CSKT 10,000 Claims Analysis Towns and On / Off Priority Total # Basin Purpose / Use Source Cities FIR Date Claims 40L Off Fish & Wildlife Immemorial 2 Frenchman River (aka Frenchman Creek) (2) Frenchman Creek 40N Off Fish & Wildlife Immemorial 2 Rock (McEachern) Creek (2) Rock Creek, Tributary Of Milk River 41A Lima Off Fish & Wildlife Immemorial 72 Bear Creek (2), Big Sheep Creek (2), Black Canyon Creek (2), Red Rock River Bloody Dick Creek (2), Browns Canyon Creek (2), Cabin Creek (2), Clover Creek, East Fork (2), Corral Creek (2), Dad Creek (2), Deadman Creek (2), Deep Creek (2), Frying Pan Creek (2), Hell Roaring Creek (2), Horse Prairie Creek (2), Indian Creek (2), Jones Creek (2), Junction Creek (2), Kate Creek (2), Lake Canyon Creek (2), Little Sheep Creek (2), Little Sheep Creek, West Fork (2),