I. Introduction

Water availability is essential to sustaining life. Droughts and climate change pose obstacles to plants, animals, and human being. In December 2020, the United States Congress passed the “Montana Water Bill in the Consolidated Appropriations Act,” hereafter known as the “Water Bill.”[1] The Water Bill ratified the 2015 “Salish and Kootenai Water Compact,” hereafter known as the “Compact.”[2] The Water Bill and Compact altered and clarified the water rights of the Confederated Salish and Kootenai Tribes of the Flathead Reservation in Montana.[3] This paper explores the changes in the water priority made by the Compact and Water Bill combined.

To begin, this note will identify the Flathead Reservation’s location and the inhabitants of the Flathead Reservation, then explain the water resources on the Reservation. Section two begins with the water rights through different treaties, case law and the impact of prior appropriation for water rights. Section three explains the Water Bill and its impact. Section four will identify how water allocations will be decided and the priority of water established by the Compact and the Water Bill.

A. The Confederated Salish and Kootenai Tribes of the Flathead Reservation

The “Confederated Salish and Kootenai Tribes of the Flathead Reservation,” hereafter referred to as the “Tribes,” was initially three Native American Tribes: the Salish, the Kootenai, and the Pend Oreille.[4] The Hellgate Treaty of 1855 established the Flathead Reservation for the Tribes.[5] The Flathead Reservation is located in the western part of Montana, just north of Missoula, Montana, and includes 1.2 million acres extending past Polson, Montana.[6]

B. Water Resources on the Reservation

The Tribe has the water rights to “Flathead River, Flathead Lake, and the South Fork of the Flathead River up to Hungry Horse Reservoir.”[7] Hungry Horse Reservoir is north of the Reservation but is not part of the Reservation.[8] The South Fork of the Flathead River flows into the Hungry Horse Reservoir, also off of the Reservation.[9] The Flathead River runs from the base of Flathead Lake and flows southwest to the Reservation border.[10] Flathead Lake sits on the northern portion of the Reservation and provides more water to farmers and ranchers, and has diversion locations along the Flathead River to the canals and reservoirs for the Irrigation Project.[11] Most Flathead Irrigation Project diversions are on the Flathead River section below Flathead Lake.[12]

The “Flathead Indian Irrigation Project,” hereafter referred to as the “Irrigation Project,” is a comprehensive Irrigation Project district within the Reservation providing many farmers and ranchers with the infrastructure to receive water.[13] The Act passed in 1908 giving irrigation right, however it had amended the 1904 Indian Land Act.[14] The Irrigation Project includes various ditches, canals, and reservoirs.[15] The project has to appropriate water equally, and if there is a shortage of water will be reduced equally.[16] More individuals can join the project as long as the project does not exceed facilitating water to over 135,000 acres.[17]

II. Historical Water Rights

Montana has comprehensive laws about obtaining, collecting, and distributing water. The history of Montana water rights derives from treaties, bills, and statutes. The water rights can be separated into traditional and tribal water rights.[18] The tribal water rights were further established and clarified within the Compact.[19] In the following section, this note explains the Montana state water laws, the origin of tribal water rights.

A. Montana State Laws

Montana recognizes the prior appropriation method of establishing water rights.[20] Prior appropriation is the first to use the water has the priority to the water.[21] The first person to start using the water in the river gets priority to use the water over later users.[22] Further, the water rights follow the land in later transactions without losing priority.[23] If the land is sold, the earlier priority date established by the previous owner follows the land.[24] However, the water right can be abandoned if not used for ten years.[25] An individual intends to abandon the right if a new owner decides not to use the water right after purchasing.[26] After ten years with no intention to use the water right; it is considered abandon.[27] Then if that owner wants water rights, their priority date will be when it is filed again and granted.[28]

One of the most significant pieces of legislation for Montana was the Water Use Act of 1973.[29] Before 1973, there was “no central recording system for” water rights; individuals were fighting over priority dates against individuals further down the rivers or streams without the assistance of a central recording system.[30] After 1973, when appropriating water an individual had to file with the state of Montana to preserve a priority date.[31] Later in 1979, another issue arose because the individuals that had water rights prior to 1973 had not preserved their water rights.[32] To fix this issue, Montana passed a law establishing a time limit on registering water rights prior to 1973.[33] The water rights had to be registered by 1982 to reserve their water priority date.[34]

B. Tribal Water Rights Origins

The Reservation was established in 1855 by the Hellgate Treaty.[35] The Treaty does not explicitly grant water rights, but the water rights were implied to all Native American Treaties.[36] These water rights were established by a Montana case, Winters v. United States, and helped set the foundation for water rights throughout the nation for Tribal Reservations.[37] In Winters, the Court held that to deprive tribal members of the water rights would leave the tribal members with a “barren waste.”[38] Further, when a treaty is enacted with a sovereign nation, the federal government can limit the states’ rights to water and grant those rights to the sovereign nation.[39]

Nontribal members can live on the Reservation because of the Dawes Act.[40] The Dawes Act of 1887 granted the tribal members the ability to alienate property to nontribal members after 25 years.[41] In 1904 another act was passed to sell surplus land of the Flathead Reservation allowing nontribal settlers to establish homesteads.[42] Therefore, the Dawes Act and the 1904 Act, allotting land allowed nontribal members to purchase and reside on the Reservation.[43]

III. The Montana Water Bill

The enactment of the Water Bill and the Compact has been decades in the making.[44] First, Montana officials and the Confederated Salish and Kootenai of the Flathead Reservation entered into negotiations for the Compact.[45] Montana could enter negotiations with approval by the United States with the Tribes for the Compact under federal and state law.[46] These negotiations lasted over a decade, but in 2015 both parties agreed on the essential terms.[47] Once agreed upon, the Compact was voted into Montana State Law in 2015.[48] In 2020, the United States Congress ratified the Water Bill.[49] After ratification, the Secretary of the Interior signed the Water Bill on September 17, 2021. [50]

A. Need for the Water Bill

The Water Bill includes a priority of water to preserve the environment and ensure adequate water levels for the fish, plants, and animals.[51] Past water allocations diverted too much water from the streams.[52] The Compact provided a triggering mechanism that is in place to ensure there will be enough water for the fish, plants, and animals.[53] Further, the Water Bill provides funding for the Irrigation Project.[54] The infrastructure is old and has dilapidating concrete structures in some portions.[55] Lastly, it helps set up the Water Management board that has individuals appointed from the governor of Montana and individuals appointed from the Tribes to facilitate unity in decision making.[56]

B. Synopsis of the Water Bill

The Water Bill aims to secure the water rights in and surrounding the Reservation.[57] Montana passed the Compact in 2015.[58] The United States Congress ratified the Compact in the Consolidated Appropriations Act of 2021.[59]

The water rights include the Irrigation Project.[60] The Flathead Irrigation Project includes lands, reservoirs, easements, ditches, headgates, and other amenities on and off the Reservation.[61] Further, the water rights include the Hungry Horse Dam, Hungry Horse Project, and the Hungry Horse Reservoir.[62] The Water Bill solidifies that tribal water rights cannot be forfeited or abandoned.[63] The law of administration is the Unitary Administration and Management Ordinance, hereafter referred to as the “Board,” establishing a board of individuals that monitor disputes and water allocations.[64] The Board consists of two individuals that the governor of Montana appoints and two members appointed by the Tribes, and the four appointees select the last individual.[65] The Secretary of Interior has to approve if the Salish and Kootenai Tribes wish to grant water rights off the Reservation; however, it must be per the Compact, the Board, the Water Bill, and other federal laws. [66]

The Salish and Kootenai Tribes cannot “permanently alienate” the water rights.[67] Further, the Water Bill allows the Tribe to store 90,000 acre-feet of water in Hungry Horse Dam.[68] An acre-foot of water is the amount of water needed to cover an acre of land with one foot of water equal to 43,560 cubic feet of water.[69] To allocate the water, the Tribe has to create a criteria with the Secretary of the Interior.[70]

Further, the Tribe does not have to pay the United States for the water unless it is for industrial purposes.[71] If the water is used for industrial purposes, the Tribe will pay annually for the water.[72] Additionally, the Tribe can issue 11,000 acre-feet of water rights from the Flathead basin and the Clark Fork basin without carrying over storage.[73]

The priority of water depicted in the Water Bill is to (1) reserve water for the fish, wildlife; (2) “protect instream flow, [and] existing uses”; (3) “storage, delivery, and routing of water”; (4) “modern and rehabilitation activities” of water rights “for instream flow and minimum reservoir pool levels.”[74] Modern rehabilitation activities includes dams and irrigation.[75]

The Secretary of the Interior must approve the amendments to the administrative law within 180 days after ratification by Congress.[76] The Department of the Interior will hold a trust containing the Water Bill’s allocated funding.[77] The Tribe can request the funds for projects.[78] The Department of Interior can hold a trust because of 25 U.S.C 162a and the American Indian Trust Fund Management Reform Act of 1994.[79] The Water Bill allocates $1,000,000,000 to the trust for the Tribes.[80] The funds will be available ten years after the enactment of the Water Bill.[81]In consideration for the above water rights, the Compact gives the State of Montana the Flathead basin rights.[82] The Montana Water Court has approved the Compact.[83]

IV. Water Allocations

The climate is changing in many regions of the United States.[84] One of the general issues is the prioritization of water in a drought.[85] The Compact creates a priority list of water on the Reservation: “(1) minimum enforceable instream flow; (2) minimum reservoir pool elevation; (3) river diversion allowance; (4) target instream flows.”[86] The instream flow is the minimum amount of water needed in a stream or river to sustain fish, plant, and wildlife habitat.[87] The minimum reservoir level is the level is dictated by appendix 3.1 of the Compact.[88] The river diversion allowance is the amount of water needed for irrigation.[89] The target instream flow is the level and volume of water for the rivers and streams to be at an optimum level.[90]

A. The Priority of Water for the Fish, Plants, and Wildlife

One of the main reasons for the Compact and the Water Bill was to reserve water for the fish, plants, and wildlife.[91] The Reservation is home to numerous endangered and threatened animals.[92] In the past, too much water has been allocated from the rivers and streams, harming the habitat of land animals and fish.[93]

The Flathead Reservation is home to eight animals on the Fish, Wildlife and Parks threatened, endangered, and candidate species list.[94] The list includes the bull trout fish, grizzly bear, Canada lynx, spalding campion, yellow-billed cuckoo, meltwater Lednian Stonefly, whitebark pine, and monarch butterfly.[95] The Endangered Species Act facilitates a process that increases the survivability and habitat of endangered and threatened species.[96] The habitat includes appropriating enough water resources to maintain the habitat.[97]

As outlined in the Compact, releasing water from one of the water storage facilities is limited to the 90,000 acre-feet of water because of the State of Montana “Biological Impact Evaluation and Operational Constraint” hereafter referred to as the “Biological Impact Evaluation.”[98] Acre-feet of water is the amount of water needed to cover an acre of land with one foot of water equal to 43,560 cubic feet of water, sometimes referred to as an acre-foot of water.[99] Foot acres are the unit used for diverting water for irrigators.[100] The Biological Impact Evaluation was completed in 2011.[101] In the event of a new Biological Impact Evaluation, the Water Bill states the changes will not be an amendment to the Water Bill or the Compact.[102] Meaning, if another Biological Impact Evaluation does not allow the allocation of 90,000 acre-feet of water, the entire Compact does not need to be amended. Instead, the Reservation will follow the new guidance from the Biological Impact Evaluation amount of water to allocate.[103]

The Compact authorized 90,000 acre-feet of water to be withdrawn from the Hungry Horse Reservoir.[104] The Tribe requested an updated Biological Impact Evaluation, located in Appendix 8, to assess the possible environmental concerns from withdrawing that much water.[105] The previous Biological Impact Evaluation was completed in 2002.[106] The new Biological Impact Evaluation statement was completed in 2011 to assess further changes in the ecosystems.[107] The Biological Impact Evaluation included environmental water release scenarios from the Montana Department of Natural Resources.[108] The Biological Impact Evaluation indicated that withdrawing 90,000 acre-feet of water would have little to no environmental impact except in the “driest 15 percentile [of] water years.”[109] The biota is impacted the most by the withdrawal of water.[110]

Biota includes a variety of water plants, fish, insects in the reservoir.[111] The change in depth can be harmful if too much water is drained at once or if the water does not remain wet for 40 days.[112] Damage to the biota can imbalance the ecosystem in the Hungry Horse reservoir.[113] However, the Biological Impact Evaluation lists mitigating procedures.[114] The first is the amount of water that brings down the banks of the shores.[115] This can be mitigated by spreading the withdrawal periods and forecasting reservoir refills from snowmelt or rainfall.[116] The second is to gradually withdraw water and accurately forecast when the water that refill the reservoir.[117] The third is to maximize the shoreline used and ensure the shoreline remains wet for at least 40 days in the summer months to allow regrowth.[118] The fourth is to forecast water storage, which means to keep water in the spring to use later on in the year when water is scarce.[119] The fifth is to space out the water release over time.[120] Sixth is to have the same amount of water from the dam at specific periods.[121] Maintaining the wildlife requires an accurate forecast that integrates volume control to maintain the wildlife habitat in the reservoir.[122] If the water reservoir is maintained adequately any year, at least 45,000 foot acres can be withdrawn from the Hungry Horse Reservoir.[123] Further, the entire 90,000 foot acres can be withdrawn from 85% of the water years.[124] The Biological Impact Evaluation contains a sliding scale that can help mitigate and adjust the water condition on Appendix B page 14 inside Biological Impact Evaluation.[125]

To combat negative biological impact, the water compact sets minimum instream flow in Columbia Falls, Montana, north of the Reservation and northeast of Hungry Horse Reservoir.[126] There are also multiple sensors in Polson, Montana, in the middle of the Reservation and Perma, Montana, in the southwest portion of the Reservation to monitor the instream flow.[127]Therefore, this ensures the minimum amount of water is available at various stages of the Reservation for the plants, wildlife, and animals.[128] For water off the Reservation, if the water drops below the minimum amount of water at the designated spots for five days, the water mitigation procedures will begin.[129]

Overall, the Compact provides a detailed triggering mechanism to ensure a safe habitat for the plants, wildlife, and animals on the Reservation.[130] The protection of water for the plants and animals is the first priority of the Water Bill.[131] Therefore, the Compact is consistent with the priority for water established in the Water Bill. There are detailed procedures for withdrawing and refilling the Hungry Horse Reservoir.[132] Further, the monitoring procedures for the streams give adequate habitat to the fish downstream and the animals on the surrounding landscape.[133]

B. The Triggering Mechanisms for the Priority of Water

The first priority in the Compact is maintaining the minimum enforceable instream flow located at multiple streams on the Reservation.[134] The second priority is the minimum reservoir pool elevations.[135] The third priority is the river diversion allowances, which are allocations of water to individuals and the Irrigation Project.[136] The last priority is the target stream flows.[137]

The Tribes have the right to water from the Flathead River, Flathead Lake, and the South Fork of the Flathead River up to Hungry Horse Reservoir.[138] The point extraction of the water is “[f]rom Flathead Lake or the Flathead River, either on or off the Reservation.”[139] They can use the water for any beneficial use and take a diversion volume of 229,383 acre-feet per year and a depletion volume of 128,158 acre-feet per year.[140] The Implementation Technical Team, created from the Compact and explained in appendix 3.5, is charged with developing and implementing a water plan for the Irrigation Project allocation.[141] The priority is to ensure the stream has enough water to maintain a healthy environment for the fish and wildlife to be consistent with the Water Bill. [142]

1. Instream Flow

The first priority in the Compact is maintaining the minimum enforceable instream flow located at multiple streams on the Flathead Reservation.[143] The streamflow rates are indicated in appendix 3.1 of the Compact.[144] The tables are measured in cubic feet per second (cfs) and have different values by location.[145] For example, in July, the “Mission Creek below Pablo Feeder Canal” has a minimum enforceable instream flow of 102 cfs.[146] Thus, no mitigation actions will occur as long as the minimum streamflow is maintained.[147]

The instream flow is necessary for the protection of the fish, wildlife, and plants habitat.[148] The Compacts first priority is consistent with the Water Bill’s priority of water.[149] The Water Bills first priority is to protect the wildlife and the second priority is to protect the instream flow of the rivers and streams.[150] Therefore, the Water Bill and the Compact are synonymous in the first priorities of water on the Reservation.[151] However, the Water Bill’s second priority is in sync with the Compact’s, both regarding existing uses and historic farm uses.[152] This can create a conflict because in the Compact, the river diversions is in the third priority of water.[153] Further, the Water Bill states that the Compact cannot conflict with the Water Bill.[154] This discrepancy could be beneficial to irrigators when fighting for water allocation. However, the Water Bill also prioritizes water for irrigators in the fourth priority of water in modernization and rehabilitation activities.[155] This in conjunction with the fact that the fish, wildlife, and plants are the first priority in the Water Bill and the instream flows and reservoir levels are to protect the wildlife the discrepancy in the Compact and the Water Bill might be moot.

2. Minimum Reservoir Levels

If the stream flow is within acceptable rates, which differ by the location the water is withdrawn, the next priority is to maintain the minimal levels of water in the reservoir.[156] The Compact Implementation Technical Team analyzes the minimum reservoir levels following appendix 3.1.[157] Maintaining the reservoir levels ensures that the instream flow can be maintained if rainfall and runoff are lower than forecasted.[158] On a dry year reservoir levels can go below the minimum to maintain instream flows as long as the levels aren’t below the minimum for four consecutive years.[159] The minimum reservoir pool elevations are measured in feet.[160] The mission reservoir has a minimum level of 3,379 feet with a minimum pool volume of 1,006 cubic feet.[161]

The Compact states that maintaining reservoir levels is the second priority and the Water Bill indicates that storage, routing of water and minimum reservoir levels is the third priority of water.[162] As mentioned in the instream flow section, this creates a discrepancy in the priority of water between the Water Bill and the Compact.[163] However, the Biological Impact Evaluation indicates how much water can be taken out of the reservoir before it impacts the ecosystem.[164] This is consistent with the first priority of the Water Bill to protect the fish, wildlife, and plants.[165] As an instream flows, the priority of water in the Compact will not contradict the priority of water in the Water Bill.[166]

3. River Diversion Allocations

If the instream flow and reservoir minimum levels are met, the Compact Implementation Technical Team can allow diversions for agriculture, including irrigation and stock water.[167] The river diversion allocations will be determined by priority dates.[168] River diversion allocations are where the water is moved from the river or stream into the infrastructure for the Irrigation Project.[169] The amount of water in the river diversion allocations is established by the historical uses of the Irrigation Project and the historic farm deliveries.[170] The historic farm deliveries include the water permits established before the Compact was adopted and the in-depth water needs for those areas are depicted in appendix 3.3.[171] The Irrigation Project is a conglomeration of farmers and ranchers in a single project on the Reservation and is illustrated and outlined in appendix 3.2.[172]

The Irrigation Project was established in 1908 but amended the 1904 Act and therefore has a priority of water date of 1904.[173] Due to the Irrigation project being established in 1904 and the compact follows the rule of priority, prior appropriation in determining priority status.[174] Other Farmers and Ranchers who choose not to be included in the Irrigation Project have individual rights and have a date set by prior appropriation.[175] This means that the Tribe has the superior water priority date of 1855, then the next is the Irrigation Project that is 1904.[176] Individuals who have their own prior appropriation date set before 1904 will have superior water rights to the Irrigation Project.[177] However, after the establishment of the Irrigation Project, their water rights are subservient to the Irrigation Project.[178]

The priority of water in the Water Bill for irrigators is the second priority.[179] The Compact states river allocations for irrigators is the third priority for water.[180] This could potentially help irrigators in priority of water. However, the Compact states that the minimum instream flow and reservoir levels are to benefit wildlife which is the first priority.[181]

4. Shared Water Provision for River Diversion Allowances

When insufficient water fills the river diversion allowances, the Compact provides a shared shortage provision.[182] The project operator will divert water to fulfill the required amount if the water available is not sufficient to fill all water allocations from the Flathead River, according to appendix 3.2 of the Compact.[183] If there still is not enough water, then the minimal reservoir levels can be reduced if the following provisions are adhered to: (1) the reduction in the levels has not been for the last four years; (2) the reservoir is eligible for the shared shortage provision; (3) the rates do not fall below the rate indicated in appendix 13; and (4) if the amount of water could be covered by the carryover storage.[184] If there is insufficient water to satisfy the river diversion allowances, the tribes can issue short-term leases for the water shortage period.[185] The new lease would cost an additional $8 a foot acre with a $25 administrative fee.[186] The fees are subject to a yearly increase without amendment to the Compact.[187]

Even though the Compact gives alternative avenues to continue receiving water for all the individuals with water rights, there still might be years when water is scarce. In that event, the individuals with the oldest water rights get water first.[188] The tribal members who use the water for irrigation will get first priority because their appropriation has an effective date of 1855.[189] Any other permitted leases will become subservient to the tribal members’ rights and will only get there water if there is enough water because they have a later appropriation date.[190]

5. Target Instream Flow

The last water priority is the target instream flow.[191] Suppose the water minimums have been met and a flux of water is available. In that case, the water will be split equally between the instream flow and the Irrigation Project as part of the adaptive management implementation in appendix 3.5.[192] The guidance for the target instream flow is located in Appendix 3.1.[193] The tables in the appendix include additional targets for the instream water flow that differ from a wet and average year.[194] In the example, “Mission Creek below Pablo Feeder Canal,” in July, the target instream flow for an average year is 150 cubic feet per second and 190 cubic feet per second on a wet year.[195]

On the Reservation, there are multiple dams and reservoirs.[196] When allocating water to other sources, the Compact dictates that the ramp and flow rates for the Flathead, Columbia and Perma Rivers are measured at the dams and have to be maintained following appendix 7.[197] All water allocations of the 229,383 acre-feet per year and a depletion volume of 128,158 acre-feet per year will be suspended until the ramping and flow rates meet the minimum rates.[198] The Hungry Horse Dam is Northwest of the Reservation, about 51 miles from Flathead Lake.[199] Kerr Dam is located in the middle of the Reservation, about 4 miles south of Flathead Lake.[200] In Appendix 7, the flows and ramping rates are from just downstream of the Hungry Horse Reservoir, and the other is North of Flathead lake at Columbia Falls.[201] One of the measurements is at Columbia Falls because the flow has to be closely monitored due to the Endangered Species Act.[202] The Hungry Horse Dam ramping rates, if discharged below Columbia Falls, is greater than 10,000 Cubic Feet per Second (cfs); the ramping up rates may not exceed 12,000 cfs a day, and the ramping down rates may not exceed 2,000 cfs.[203] The Flathead River ramping rates below Kerr dam if the required release from Flathead Lake is greater than 40,000 cfs, then the ramping may not exceed 10,000 cfs per day.[204]

Therefore, the priority of water on the Salish and Kootenai Reservation is: (1) instream flow, (2) reservoir levels, (3) water distribution, and (4) target instream flow.[205] The Compact establishes a triggering mechanism to efficiently and accurately know that water allocations must be limited or turned off to protect the environment.[206]

C. Priority of Water for the Irrigators Analysis

What can irrigators expect regarding water? The Compact and the Water bill have articulated many stipulations for water flow before irrigators can use the water.[207] The Compact has established triggering mechanisms for conserving water.[208] The mechanism gives hard numbers and measurements when allowing or disallowing water allocation.[209] This makes the distribution an objective standard.[210] If the water is above the designated flow, it can continue to be allocated.[211] Based on the numbers provided, if the water for the irrigators is not allocated, there can be a request on why the water was denied allocation.[212] Essentially the water allocation system is a “check the block” system.[213] First, they check the multiple location instream flows.[214] If there is enough water, then it goes to the next trigger.[215] The Tribe can distribute water to the farmers and ranchers if the reservoirs have enough water.[216] These instream flow and reservoir levels change by the day.[217] This means water could be shut off for distribution one day and turned on the next.[218] If there is a drought, the Tribe can release water to the irrigators, but it depends on how long the water levels have been below the minimum, and how much more it will cost more for the irrigators.[219]

What happens if a mistake is made and water is withheld erroneously?, The minimum flow rate number can assist in mitigating these mistakes.[220] The system is very articulate.[221] The sensors must be reading below the minimum rate to turn off the water.[222] If there is no reading below the minimum rate, then correct action can ensure that proper procedures are followed.[223]

The uncertainty of future Biological Impact Evaluations can directly impact water allocations for irrigators.[224] If the Biological Impact Evaluation limits the availability of even more water, livelihoods could be lost.[225] However, even without the Compact, the Biological Impact Evaluations could have regulated the water availability to irrigators.[226] The Compact just added the triggering mechanism to help combat future issues by mitigating early, which lessens the negative impact on limited water availability.[227]

V. Conclusion

The Compact and the Water Bill provide triggering mechanisms when restricting and allocating water.[228] The main priority for water on the Reservation is the amount of water in the streams and rivers.[229] Over time, the water has been used primarily for agricultural use; and the fish, wildlife, and animals were negatively impacted when too much water had been allocated.[230] The Compact protects the fish and wildlife, which previously were not protected enough.[231] Further, the Water Bill provides funding to help with the infrastructure for Irrigators to maximize the allocated water for agriculture.[232] A couple of crucial things unusual for other Compacts and Water Bills is the right to water that is not on the Reservation.[233] The Hungry Horse Reservoir is off the Reservation, but the Tribes get a priority date of 1855 to the water.[234] Also, creating the management board that has governor-appointed representatives and Tribal appointed representatives that manage the water rights is uncommon.[235] The Compact and the Water Bill protects wildlife and fish for the Reservation and allow the irrigators a chance for water in the time of a drought in the water shortage provisions.[236] Overall, the Compact and the Water Bill have many great attributes that will contribute to the survivability of the ecosystems and the economy of the Reservations inhabitants.

  1. Consolidated Appropriations Act of 2021, Pub. L. No. 116-260, 134 Stat. 3008, 3009 (2020).

  2. Consolidated Appropriations Act of 2021, Pub. L. No. 116-260, 134 Stat. 3008, 3009 (2020).

  3. See generally Consolidated Appropriations Act of 2021, Pub. L. No. 116-260, 134 Stat. 3008 (2020); See also Mont. Code Ann. § 85-20-1901 (2021).

  4. History and Culture: Honoring the Past to Ensure the Future, Confederated Salish & Kootenai Tribes of the Flathead Reservation, https://csktribes.org/history-and-culture (last visited Mar. 2, 2022).

  5. Id.

  6. Flathead Reservation, Natural Atlas Explore Your Surroundings, https://naturalatlas.com/indian-reservations/flathead-reservation-2100419 (last visited Mar. 2, 2022); Confederated Salish and Kootenai Tribes, GOVERNOR’S OFFICE OF INDIAN AFFAIRS, https://tribalnations.mt.gov/cskt#:~:text=Headquartered in Pablo%2C the Flathead Reservation is ranked,the Bitterroot Salish%2C upper Pend d’Oreille and Kootenai.?msclkid=6fb72d1ec7df11ec91ab6858f36ce5ce (last visited Apr. 29. 2022).

  7. Mont. Code Ann. § 85-20-1901, art. III, C.1.c (2021).

  8. Confederated Salish and Kootenai Tribes Compact Appendix 1, The Montana Department of Natural Resources & Conservation, at 9, http://dnrc.mt.gov/divisions/water/water-compact-implementation-program/docs/cskt/appendices/appendix_1_hydrologicbasinmaps.pdf (last visited Mar. 2, 2022) [hereinafter Appendix 1]; Reclamation Managing Water in the West: Flathead Basin Tribal Depletions Study, U.S. Department of the Interior, at 5 http://dnrc.mt.gov/divisions/water/water-compact-implementation-program/docs/cskt/appendices/appendix_7_bureauofreclamationmodelingreport.pdf (last visited Mar. 2, 2022) [hereinafter Appendix 7].

  9. Appendix 7, supra note 8, at 5.

  10. Appendix 1, supra note 8, at 11.

  11. Appendix 7, supra note 8, at 2, 5.

  12. Appendix 7, supra note 8, at 8.

  13. Confederated Salish and Kootenai Tribes Compact Appendix 2, The Montana Department of Natural Resources & Conservation, http://dnrc.mt.gov/divisions/water/water-compact-implementation-program/docs/cskt/appendices/appendix_2_fiip_influenceareamap.pdf (last visited Mar. 3, 2022) [hereinafter Appendix 2]; Consolidated Appropriations Act of 2021, Pub. L. No. 116-260, 134 Stat. 3008, 3009 (2020).

  14. Act of May 29, 1908, Pub. L. No. 156, Stat. 444, 448-449 (1908); Consolidated Appropriations Act of 2021, Pub. L. No. 116-260, 134 Stat. 3008, 3009 (2020), https://www.congress.gov/116/plaws/publ260/PLAW-116publ260.pdf.

  15. Consolidated Appropriations Act of 2021, Pub. L. No. 116-260, 134 Stat. 3008, 3009 (2020).

  16. Mont. Code Ann. § 85-7-1911 (2) (2021).

  17. MONT. CODE ANN. § 85-20-1901 (III)C.1.a (2021).

  18. See generally Mont. Code Ann. § 85-20-1901 (2021).

  19. Id at ¶ 1.

  20. Mont. Code Ann. § 85-2-401 (2021).

  21. Id.

  22. Id.

  23. Mont. Code Ann. § 85-2-403 (1) (2021).

  24. Id.

  25. Mont. Code Ann. § 85-2-404 (2) (2021).

  26. Id.

  27. Id.

  28. Mont. Code Ann. § 85-2-401 (2021).

  29. Claimants: Lee E. Foss, 76H 105034-00 Mont. Water 1, 6 (2013) (this decision included 6 different cases).

  30. Id.

  31. Mont. Code Ann. § 85-2-302 (1) (2021).

  32. Albert Stone, Montana Water Law For the 1980s, UNIVERSITY OF MONTANA, p. 5 https://myfwp.mt.gov/getRepositoryFile?objectID=30548 (last visited May 10, 2022).

  33. Id. at 7.

  34. Id.

  35. Indian Treaties , 12 Stat. 975, ¶ 2, Jul. 16, 1855.

  36. Winters v. United States, 28 S. Ct. 207, 212 (1908).

  37. Id.

  38. Id.

  39. Winters v. United States, 28 S. Ct. 207, 212 (1908) (citing United States v. Rio Grande Dam & Irrigation Co., 174 U.S. 690, 702 (1899); United States v. Winans, 198 U.S. 371 (1905)).

  40. Lands in Severalty to Indians, 24 Stat. 388 § 5 (1887).

  41. Id.

  42. Act of Apr. 23, 1904, Pub. L. No. 159, 33 Stat. 304 § 9 (1904).

  43. Lands in Severalty to Indians, 24 Stat. 388 § 5 (1887); Act of Apr. 23, 1904, Pub. L. No. 159, 33 Stat. 304 § 9 (1904).

  44. Confederated Salish and Kootenai Tribes Compact, The Montana Department of Natural Resources & Conservation, http://dnrc.mt.gov/divisions/water/water-compact-implementation-program/confederated-salish-and-kootenai-tribes-compact (last visited Mar. 3, 2022) [hereinafter DNRC S&K Compact].

  45. Mont. Code Ann. § 85-20-1901 (2021).

  46. 28 U.S.C. § 516-17; Mont. Code Ann. § 85-2-702 (1) (2021).

  47. DNRC S&K Compact, supra note 44.

  48. Mont. Code Ann. § 85-20-1901 (2021) (History and Effective date of April 24, 2015 at end of the statute).

  49. Consolidated Appropriations Act of 2021, Pub. L. No. 116-260, 134 Stat. 3008, 3010 (2020).

  50. DNRC S&K Compact, supra note 44.

  51. Consolidated Appropriations Act of 2021, Pub. L. No. 116-260, 134 Stat. 3008, 3016 (2020).

  52. Telephone Interview with Ethan Mace, Hydrologist and Compact Implementation, Department of Natural Resources of Montana (Dec. 13, 2021).

  53. Consolidated Appropriations Act of 2021, Pub. L. No. 116-260, 134 Stat. 3008, 3016 (2020).

  54. Consolidated Appropriations Act of 2021, Pub. L. No. 116-260, 134 Stat. 3008, 3022 (2020).

  55. Telephone Interview with Ethan Mace, Hydrologist and Compact Implementation, Department of Natural Resources of Montana (Dec. 13, 2021).

  56. Mont. Code Ann. § 85-20-1901, art. IV, I 2.b (2021).

  57. Consolidated Appropriations Act of 2021, Pub. L. No. 116-260, 134 Stat. 3008, 3009 (2020).

  58. Mont. Code Ann. § 85-20-1901 (2021) (History and Effective date of April 24, 2015 at end of the statute).

  59. Consolidated Appropriations Act of 2021, Pub. L. No. 116-260, 134 Stat. 3008, 3009 (2020).

  60. Id.

  61. Id at 3009-10.

  62. Id at 3010.

  63. Id at 3014.

  64. Mont. Code Ann. § 85-20-1901, art. IV, at I (2021).

  65. Mont. Code Ann. § 85-20-1901, art. IV, at I.2.B (2021).

  66. Id at 3013.

  67. Id.

  68. Id at 3014.

  69. Mont. Code Ann. § 85-20-1901, art. II, 1 (2021).

  70. Consolidated Appropriations Act of 2021, Pub. L. No. 116-260, 134 Stat. 3008, 3014 (2020).

  71. Id at 3015.

  72. Id.

  73. Id.

  74. Id. at 3016.

  75. Id. at 3016-17.

  76. Id. at 3013.

  77. Id. at 3017.

  78. Id. at 3016.

  79. Id. at 3021.

  80. Id. at 3023.

  81. Id. at 3024.

  82. Consolidated Appropriations Act of 2021, Pub. L. No. 116-260, 134 Stat. 3008, 3026 (2020).

  83. Id.

  84. Office of the United Nations High Commissioner for Human Rights, Climate Change and the Human Rights to Water and Sanitation, UNITED NATIONS (Last Visited May 10, 2022), at https://www2.ohchr.org/english/issues/water/Iexpert/docs/ClimateChange_HRtWS.pdf#:~:text=In a context where nearly a billion people,are also likely to be affected the most.

  85. Id.

  86. Mont. Code Ann. § 85-20-1901, art. IV, at C.1 (2021).

  87. Mont. Code Ann. § 85-20-1902, 1-1-104.34 (2021).

  88. Mont. Code Ann. § 85-20-1901, art. IV, at C.4 (2021).

  89. Mont. Code Ann. § 85-20-1901, art. II, at 58 (2021).

  90. Mont. Code Ann. § 85-20-1901, art. II, at 64 (2021).

  91. Consolidated Appropriations Act of 2021, Pub. L. No. 116-260, 134 Stat. 3008, 3016 (2020); Mont. Code Ann. § 85-20-1901, art. III, at D.2.c (2021).

  92. Threatened, Endangered and Candidate Species for the Flathead Indian Reservation, U.S. Department of the Interior, https://www.fws.gov/montanafieldoffice/Endangered_Species/Listed_Species/Reservations/Flathead_Reservation_sp_list.pdf (last visited Dec. 26, 2021).

  93. Telephone Interview with Ethan Mace, Hydrologist and Compact Implementation, Department of Natural Resources of Montana (Dec. 13, 2021).

  94. Threatened, Endangered and Candidate Species for the Flathead Indian Reservation, U.S. Department of the Interior, https://www.fws.gov/montanafieldoffice/Endangered_Species/Listed_Species/Reservations/Flathead_Reservation_sp_list.pdf (last visited Dec. 26, 2021).

  95. Id.

  96. 16 U.S.C.S. § 1531(b).

  97. 16 U.S.C.S. § 1532(3).

  98. Mont. Code Ann. § 85-20-1901, art. III, at C.1.c.iii (2021).

  99. Mont. Code Ann. § 85-20-1901, art. II, at 1 (2021).

  100. See generally Mont. Code Ann. § 85-20-1901, art III (2021).

  101. Hungry Horse Reservoir, Montana: Biological Impact Evaluation and Operational Constraints for a proposed 90,000-acre-foot withdrawal, State of Montana, at 1, http://dnrc.mt.gov/divisions/water/water-compact-implementation-program/docs/cskt/appendices/appendix_8_statebiologicalconstraintsmemo.pdf (last visited Mar. 03, 2022) [hereinafter Biological Impact Evaluation].

  102. Mont. Code Ann. § 85-20-1901, art. III, at C.1.c.iii (2021).

  103. Mont. Code Ann. § 85-20-1901, art. III, at C.1.c.iii (2021).

  104. Mont. Code Ann. § 85-20-1901, art. III, at C.1.c.i (2021).

  105. Biological Impact Evaluation, supra note 101, at 1.

  106. Voluntary Environmental Assessment FONSI 02-02 Interim Operation of the VARQ Flood Control Plan at Hungry Horse Dam, MT, BUREAU OF RECLAMATION PACIFIC NORTHWEST REGION BOISE IDAHO, at 1, https://www.usbr.gov/pn/fcrps/hydro/varq/VARQFONSI.pdf (last visited Apr. 30, 2022).

  107. Biological Impact Evaluation, supra note 101, at 1.

  108. Biological Impact Evaluation, supra note 101, at 5.

  109. Biological Impact Evaluation, supra note 101, at 1.

  110. Biological Impact Evaluation, supra note 101, at 1.

  111. Biological Impact Evaluation, supra note 101, at 2.

  112. Biological Impact Evaluation, supra note 101, at 7.

  113. Biological Impact Evaluation, supra note 101, at 1, 2.

  114. Biological Impact Evaluation, supra note 101, at 1.

  115. Biological Impact Evaluation, supra note 101, at 7.

  116. Biological Impact Evaluation, supra note 101, at 8.

  117. Biological Impact Evaluation, supra note 101, at 7.

  118. Biological Impact Evaluation, supra note 101, at 2, 7, 10.

  119. Biological Impact Evaluation, supra note 101, at 7.

  120. Biological Impact Evaluation, supra note 101, at 7.

  121. Biological Impact Evaluation, supra note 101, at 7.

  122. Biological Impact Evaluation, supra note 101, at 2.

  123. Biological Impact Evaluation, supra note 101, at 1.

  124. Biological Impact Evaluation, supra note 101, at 1.

  125. Biological Impact Evaluation, supra note 101, at 8.

  126. Biological Impact Evaluation, supra note 101, at 4, 14.

  127. Mont. Code Ann. § 85-20-1901, art. III, at C.1.c.iv (2021).

  128. See generally Biological Impact Evaluation, supra note 101, at 1.

  129. Mont. Code Ann. § 85-20-1901, art. III, at D​.5.a.​vi (2021).

  130. See generally Mont. Code Ann. § 85-20-1901, art. III (2021); see also Biological Impact Evaluation, supra note 101, at 3.

  131. Consolidated Appropriations Act of 2021, Pub. L. No. 116-260, 134 Stat. 3008, 3016 (2020).

  132. See generally, Biological Impact Evaluation, supra note 101, at 1.

  133. See generally Mont. Code Ann. § 85-20-1901, art. III (2021); see also Biological Impact Evaluation, supra note 101, at 3.

  134. Mont. Code Ann. § 85-20-1901, art. IV, at C.1.a (2021).

  135. Mont. Code Ann. § 85-20-1901, art. IV, at C.1.b (2021).

  136. Mont. Code Ann. § 85-20-1901, art. IV, at C.1.c (2021).

  137. Mont. Code Ann. § 85-20-1901, art. IV, at C.1.d (2021).

  138. Mont. Code Ann. § 85-20-1901, art. III, at C.1.c (2021).

  139. Id.

  140. Id.

  141. Mont. Code Ann. § 85-20-1901, art. IV, at G (2021).

  142. Consolidated Appropriations Act of 2021, Pub. L. No. 116-260, 134 Stat. 3008, 3016 (2020).

  143. Mont. Code Ann. § 85-20-1901, art. IV, at C.1.a (2021).

  144. Confederated Salish and Kootenai Tribes Compact Appendix 3.1, The Montana Department of Natural Resources & Conservation, at 1, http://dnrc.mt.gov/divisions/water/water-compact-implementation-program/docs/cskt/appendices/appendix_3-1_minimumenforceableflows_2015-01-08-1.pdf (last visited Mar. 01, 2022) [hereinafter Appendix 3.1].

  145. Appendix 3.1, supra note 144, at 1.

  146. Appendix 3.1, supra note 144, at 4.

  147. See generally Appendix 3.1, supra note 144.

  148. Mont. Code Ann. § 85-20-1901, art. II, at 44 (2021).

  149. Mont. Code Ann. § 85-20-1901, art. III, at D.1.c (2021); Consolidated Appropriations Act of 2021, Pub. L. No. 116-260, 134 Stat. 3008, 3016 (2020).

  150. Consolidated Appropriations Act of 2021, Pub. L. No. 116-260, 134 Stat. 3008, 3016 (2020).

  151. Mont. Code Ann. § 85-20-1901, art. III, at D.1.c (2021); Consolidated Appropriations Act of 2021, Pub. L. No. 116-260, 134 Stat. 3008, 3016 (2020).

  152. Id.

  153. Mont. Code Ann. § 85-20-1901, art. IV, at C.1.c (2021).

  154. Consolidated Appropriations Act of 2021, Pub. L. No. 116-260, 134 Stat. 3008, 3011 (2020).

  155. Id. at 3016.

  156. See generally Appendix 3.1, supra note 144; Mont. Code Ann. § 85-20-1901, art. IV, at C.1.a-b (2021); Consolidated Appropriations Act of 2021, Pub. L. No. 116-260, 134 Stat. 3008, 3016 (2020).

  157. Mont. Code Ann. § 85-20-1901, art. IV, at C.4 (2021).

  158. Appendix 7, supra note 8, at 3.

  159. Mont. Code Ann. § 85-20-1901, art. IV, at E.5 (2021).

  160. Appendix 3.1, supra note 144, at 9.

  161. Appendix 3.1, supra note 144, at 9.

  162. Consolidated Appropriations Act of 2021, Pub. L. No. 116-260, 134 Stat. 3008, 3016 (2020).

  163. See Generally Mont. Code Ann. § 85-20-1901, art. IV; Consolidated Appropriations Act of 2021, Pub. L. No. 116-260, 134 Stat. 3008, 3016 (2020).

  164. Biological Impact Evaluation, supra note 101, at 1.

  165. Consolidated Appropriations Act of 2021, Pub. L. No. 116-260, 134 Stat. 3008, 3016 (2020).

  166. See generally Consolidated Appropriations Act of 2021, Pub. L. No. 116-260, 134 Stat. 3008, 3016 (2020); Mont. Code Ann. § 85-20-1901, art. IV, at C.1.a-d(2021).

  167. Mont. Code Ann. § 85-20-1901, art. IV, at C.1.b-c (2021).

  168. Mont. Code Ann. §§ 85-20-1902, 3-1-115 (1) (2021); Mont. Code Ann. § 85-20-1901, art. I, at 20 (2021).

  169. Mont. Code Ann. § 85-20-1901, art. II, at 59 (2021).

  170. Mont. Code Ann. § 85-20-1901, art. II, at 36 (2021).

  171. Mont. Code Ann. § 85-20-1901, art. II, at 36 (2021).

  172. Mont. Code Ann. § 85-20-1901, art. IV, at D.1.d (2021); Confederated Salish and Kootenai Tribes Compact Appendix 3.2, The Montana Department of Natural Resources & Conservation, at 1, http://dnrc.mt.gov/divisions/water/water-compact-implementation-program/docs/cskt/2015-appendix_3-2_rda_2015-01-08.pdf (last visited Mar. 01, 2022) [hereinafter Appendix 3.2].

  173. Act of May 29, 1908, Pub. L. No. 156, 1908 Stat. 444, 448-49; Consolidated Appropriations Act of 2021, Pub. L. No. 116-260, 134 Stat. 3008, 3009 (2020); Mont. Code Ann. § 85-20-1901, art. V, A.1 (2021).

  174. Act of May 29, 1908, Pub. L. No. 156, 1908 Stat. 444, 448-49; Consolidated Appropriations Act of 2021, Pub. L. No. 116-260, 134 Stat. 3008, 3009 (2020); Mont. Code Ann. § 85-20-1901, art. V, at A.1 (2021).

  175. See generally Mont. Code Ann. § 85-20-1901, art. III, at D.1.g (2021); Mont. Code Ann. § 85-20-1901, art. I, at 20 (2021).

  176. Act of May 29, 1908, Pub. L. No. 156, 1908 Stat. 444, 448-49; Consolidated Appropriations Act of 2021, Pub. L. No. 116-260, 134 Stat. 3008, 3009 (2020); Mont. Code Ann. § 85-20-1901, art. V, A.1 (2021).

  177. Act of May 29, 1908, Pub. L. No. 156, 1908 Stat. 444, 448-49; Consolidated Appropriations Act of 2021, Pub. L. No. 116-260, 134 Stat. 3008, 3009 (2020); Mont. Code Ann. § 85-20-1901, art. V, A.1 (2021); See generally Mont. Code Ann. § 85-20-1901, art. III, at D.1.g (2021); Mont. Code Ann. § 85-20-1901, art. I, at 20 (2021).

  178. Act of May 29, 1908, Pub. L. No. 156, 1908 Stat. 444, 448-49; Consolidated Appropriations Act of 2021, Pub. L. No. 116-260, 134 Stat. 3008, 3009 (2020); Mont. Code Ann. § 85-20-1901, art. V, A.1 (2021); See generally Mont. Code Ann. § 85-20-1901, art. III, at D.1.g (2021); Mont. Code Ann. § 85-20-1901, art. I, at 20 (2021).

  179. Consolidated Appropriations Act of 2021, Pub. L. No. 116-260, 134 Stat. 3008, 3016 (2020).

  180. Mont. Code Ann. § 85-20-1901, art. IV, at C.1.c (2021).

  181. See generally Consolidated Appropriations Act of 2021, Pub. L. No. 116-260, 134 Stat. 3008, 3016 (2020); Mont. Code Ann. § 85-20-1901, art. IV, at C.1.a-d(2021).

  182. Mont. Code Ann. § 85-20-1901, art. IV, at E.1 (2021).

  183. Mont. Code Ann. § 85-20-1901, art. IV, at E.2 (2021).

  184. Mont. Code Ann. § 85-20-1901, art. IV, at E.5.a-d (2021).

  185. Mont. Code Ann. § 85-20-1901, art. IV, at B.6.c.ii (2021).

  186. Id.

  187. Id.

  188. Mont. Code Ann. §§ 85-20-1902, 3-1-115 (1) (2021); Mont. Code Ann. § 85-20-1901, art. I, at 20 (2021).

  189. Mont. Code Ann. § 85-20-1901, art. III, at C.1.b.v (2021).

  190. Mont. Code Ann. §§ 85-20-1902, 3-1-115 (1) (2021); Mont. Code Ann. § 85-20-1901, art. I, at 20 (2021).

  191. Mont. Code Ann. § 85-20-1901, art. IV, at C.1.d (2021).

  192. Mont. Code Ann. § 85-20-1901, art. IV at C.3.e (2021); Confederated Salish and Kootenai Tribes Compact Appendix 3.5, The Montana Department of Natural Resources & Conversation, at 8, http://dnrc.mt.gov/divisions/water/water-compact-implementation-program/docs/cskt/appendices/appendix_3-5_citt_adaptive_management.pdf (last visited Mar. 01, 2022) [hereinafter Appendix 3.5].

  193. Mont. Code Ann. § 85-20-1901, art. IV, at C.3.e (2021).

  194. Appendix 3.1, supra note 144, at 1.

  195. Appendix 3.1, supra note 144, at 4.

  196. Mont. Code Ann. § 85-20-1901, art. III, at C.1.c.iv (2021).

  197. Id.

  198. Mont. Code Ann. § 85-20-1901, art. III, at C.1.c (2021).; Mont. Code Ann. § 85-20-1901, art. III, at C.1.c.iv (2021).

  199. Appendix 7, supra note 8, at 6.

  200. Appendix 7, supra note 8, at 5-6.

  201. See generally Appendix 7, supra note 8, at 1.

  202. Appendix 7, supra note 8, at 24.

  203. Appendix 7, supra note 8, at 12 Table 4.

  204. Appendix 7, supra note 8, at 14 Table 6.

  205. Consolidated Appropriations Act of 2021, Pub. L. No. 116-260, 134 Stat. 3008, 3016 (2020); Mont. Code Ann. § 85-20-1901, art. IV, at C.1.a-d(2021).

  206. See generally, Consolidated Appropriations Act of 2021, Pub. L. No. 116-260, 134 Stat. 3008, 3016 (2020); Mont. Code Ann. § 85-20-1901, art. IV, at C.1.a-d(2021).

  207. See generally Consolidated Appropriations Act of 2021, Pub. L. No. 116-260, 134 Stat. 3008 (2020); Mont. Code Ann. § 85-20-1901, art. IV (2021).

  208. Id.

  209. See generally Appendix 3.1, supra note 144; See also Appendix 7, supra note 8; See also Consolidated Appropriations Act of 2021, Pub. L. No. 116-260, 134 Stat. 3008, 3016 (2020); See also Mont. Code Ann. § 85-20-1901, art. IV, at C.1.a-d (2021).

  210. Id.

  211. Id.

  212. Id.

  213. Id.

  214. Mont. Code Ann. § 85-20-1901, art. IV, at C.1.a-d (2021).

  215. See generally Appendix 3.1, supra note 144; See also Appendix 7, supra note 8; See also Consolidated Appropriations Act of 2021, Pub. L. No. 116-260, 134 Stat. 3008, 3016 (2020); See also Mont. Code Ann. § 85-20-1901, art. IV, at C.1.a-d (2021).

  216. Id.

  217. See generally Appendix 3.1, supra note 144.

  218. Id.

  219. See generally Appendix 3.1, supra note 144; See also Appendix 7, supra note 8 See also Consolidated Appropriations Act of 2021, Pub. L. No. 116-260, 134 Stat. 3008, 3016 (2020); See also Mont. Code Ann. § 85-20-1901, art. IV, at C.1.a-d (2021).

  220. See generally Appendix 3.1, supra note 144; See also Appendix 7, supra note 8.

  221. Id.

  222. Id.

  223. See generally Appendix 3.1, supra note 144; See also Appendix 7, supra note 8; See also Consolidated Appropriations Act of 2021, Pub. L. No. 116-260, 134 Stat. 3008, 3016 (2020); See also Mont. Code Ann. § 85-20-1901, art. IV, at C.1.a-d (2021).

  224. Id.

  225. See generally Appendix 7, supra note 8.

  226. Id.

  227. See generally Appendix 3.1, supra note 144; See also Appendix 7, supra note 8; See also Consolidated Appropriations Act of 2021, Pub. L. No. 116-260, 134 Stat. 3008, 3016 (2020); See also Mont. Code Ann. § 85-20-1901, art. IV, at C.1.a-d (2021).

  228. See generally Consolidated Appropriations Act of 2021, Pub. L. No. 116-260, 134 Stat. 3008, 3016 (2020); See also Mont. Code Ann. § 85-20-1901, art. IV, at C.1.a-d (2021).

  229. Id.

  230. Telephone Interview with Ethan Mace, Hydrologist and Compact Implementation, Department of Natural Resources of Montana (Dec. 13, 2021).

  231. See also Telephone Interview with Ethan Mace, Hydrologist and Compact Implementation, Department of Natural Resources of Montana (Dec. 13, 2021); See also Consolidated Appropriations Act of 2021, Pub. L. No. 116-260, 134 Stat. 3008, 3016 (2020); See also Mont. Code Ann. § 85-20-1901, art. IV, at C.1.a-d (2021).

  232. Consolidated Appropriations Act of 2021, Pub. L. No. 116-260, 134 Stat. 3008, 3022 (2020).

  233. Mont. Code Ann. § 85-20-1901, art. III, at C.1 (2021).

  234. Appendix 7, supra note 8, at 5.

  235. Mont. Code Ann. § 85-20-1901, art. IV, I 2.b (2021).

  236. See generally Consolidated Appropriations Act of 2021, Pub. L. No. 116-260, 134 Stat. 3008, 3016 (2020); See also Mont. Code Ann. § 85-20-1901, art. IV, at C.1.a-d (2021).