Gathering Background Information and the Role of

Technicians for the Blackfeet Water Compact

With Gerald Lunak

Lame Bull Treaty of 1855

History of the Blackfeet Water CompactFrom the Lame Bull Treaty of 1855 to the current status of the

compact, there have been treaties and laws passed which have brought us to where the Blackfeet Water Compact now stands

Highlights Treaty of 1855The Winters Doctrine 1908The McCarren Amendment 1952Establishment of the Montana Reserved Water Rights

Commission 1979The Blackfeet Tribal Council approval of the Blackfeet Water

Compact 2007 Approval of the Blackfeet Water Compact by the Montana State

Legislature 2009Compact is currently working its way through House and Senate

Who gathers background information?Tribal DepartmentsTribal Legal TeamTribal Engineering ConsultantsOther Entities

Studies by groups Historical documentsFederal and State Agencies

The Blackfeet Water Compact has been an ongoing effort since 1979.

Information and Data gathering is a moving target depending on Priorities of the Blackfeet Tribe (Council)Priorities of other partners within the Upper

Missouri BasinAvailability of Funds (Studies, Federal Funds,

and so forth)Face to Face Negotiations (brings out

differences)

What is the basic information needed to negotiate a compact?WaterHow much is there?LakesStreamsGroundwaterHow much water is needed to fulfill the purposes of the

reservationLand What is the land base for the claim?Land Use-Irrigated, dryland crop, range Etc.Other Purposes: stock, fisheries, habitat, MR&I,

etc.

Role of Technicians in Negotiations Blackfeet Water Compact technicians are

vital for the negotiations to move forward Who have been the technicians for the

Blackfeet Water CompactTribal DepartmentsFederal TeamTribal Council (varies)Tribal ContractorsTribal Lobbyist

Responsibilities of the Technicians The tasks of technicians can vary depending on

the issue to be resolvedIt really does take a village to energize a water

compact negotiationThe ability to move the process forward is

totally dependent on the technician’s ability to resolve outstanding issuesNegotiatorMediatorProblem SolverFacilitator

Blackfeet Country 2010….they were here!

Role of Technicians in Negotiating the Blackfeet Compact with the Department of InteriorWater Settlement ProjectsResolution of claims against the federal

governmentDEC reviews (design, engineering,

construction)

Blackfeet FootprintThe technicians and tribe are critical to

keeping a Blackfeet footprint on the compactA core group of tribal technicians must be

able to articulate political, personnel, community, and financial issues relevant to the Blackfeet Compact

In spite of the best technical efforts, the final outcome is decided by a vote of the Blackfeet Tribal Membership