COMPACTS AS A TOOL TO MANAGE WATER: A MONTANA PERSPECTIVE

Montana is the only western state to approach the determination of reserved water right claims through proactive and comprehensive negotiations of water right quantifications through compacts instead of through piecemeal litigation. The Montana Department of Natural Resources and Conservation (DNRC) is tasked with implementing 18 water rights compacts which are diverse in their technical, administrative, and legal requirements. Collaboration between the citizens of Montana and federal, state, and tribal governments has been critical to the negotiation, ratification, and implementation of these water right compacts. The purpose of this paper is to provide a case study of three water right compacts: the Confederated Salish and Kootenai Tribes-Montana Compact, U.S. Department of Interior National Park Service-Montana Compact, and the U.S. Department of Agriculture Forest Service-Montana Compact. We will highlight how these compacts have resulted in more effective management and planning for water conservation, development, utilization, and sustainability.