SB262 passed the 2nd reading in the house by a vote of 53-47. Here are details of the days events in a nutshell,
HOUSE RULES COMMITTEE UPHOLDS SPEAKER KNUDSEN’S RULING THAT SB262 REQUIRES 2/3 VOTE OF BOTH HOUSES
This morning, the house rules committee upheld Speaker Knutson’s ruling requiring a 2/3 vote of both houses for SB262, ratification of the water compact.
HOUSE RULES COMMITTEE DECISION OVERRULED BY A SIMPLE MAJORITY ON THE HOUSE FLOOR
The rule committee action was reported out to the house floor this afternoon as of normal protocol and procedure. As was expected, 41 democrats with the help of 11 republicans appealed the ruling and voted to overrule the committee ruling with a vote of 52-48.
COMPACT DISCUSSED ON FLOOR – ALL PROPOSED AMENDMENTS VOTED DOWN
SB262 was moved up on the agenda and Steve Fitzpatrick introduced it on the floor.
Rep Jeff Essmann brought an amendment to the bill to change the state’s waiver of immunity on the bill. The amendment failed by a vote of 48-52.
Rep Steve Lavin proposed an amendment to guarantee the historic levels of Flathead Lake. It was resisted and voted down 48-52.
Rep Jerry Bennett proposed an amendment to move the $55 million into HB2 budget bill. It was defeated 47-53.
Rep Keith Regier proposed an amendment to ensure tribe would not interfere with the operation of Hungry Horse Dam. Failed 47-53.
Rep Keith Regier proposed an amendment to exclude FIP water right from the tribal water right and allow it to be adjudicated in the Montana Water Court. It was resisted, and failed on the floor by a vote of 47-53.
Rep Clayton Fiscus proposed an amendment to have no time immemorial water right off the reservation. It was also resisted and failed on the floor by a vote of 47-53.
Rep Kelly Flynn also proposed amendments that failed on the floor.
Rep Matthew Montforton’s amendments also failed.
Rep Kelly Flynn’s amendment to set duty of water to the water to a BIA report, and to revise the delivery entitlement certificate to include promised amounts based upon the type of soil. This amendment also failed 46-54.
Rep Keith Regier’s amendment to restrict access to tribal members only. This amendment failed on a vote of 49-51.
Rep Clayton Fiscus recommended an amendment to comply with judicial interpretation of Tarrant v. Herman, states have absolute all right and authority to all water and the lands beneath them. This amendment was voted down 46-54.
Rep Keith Regier moved an amendment for no off reservation water rights. This amendment failed 47-53.
Rep Keith Regier moved an amendment to eliminate CSKT’s exclusion from state law concerning off reservation water transfers. This amendment was voted down 47-53.
Many wonderful legislators spoke against the compact citing their doubts and concerns.
Many others through a show of hands admitted that they have not read the entire compact.
Rep Miller moved for cloture 59 voted yes 41 no.
WATER COMPACT PASSES 2ND READING IN THE HOUSE
At 3:00 p.m. the compact bill was brought to a vote. It passed 2nd reading with a vote of 53-47.
Here is the vote as recorded on the legislature website:
|N Ballance, Nancy||Y Funk, Moffie||Y MacDonald, Margaret (Margie)||Y Price, Jean|
|Y Bennett, Bryce||N Garner, Frank||N Mandeville, Forrest||N Randall, Lee|
|N Bennett, Gerald (Jerry)||N Glimm, Carl||N Manzella, Theresa||N Redfield, Alan|
|N Berglee, Seth||N Greef, Edward||Y McCarthy, Kelly||N Regier, Keith|
|Y Berry, Tom||N Hagstrom, Dave||Y McClafferty, Edith (Edie)||N Ricci, Vince|
|N Brodehl, Randy||N Harris, Bill||Y McConnell, Nate||Y Richmond, Tom|
|N Brown, Bob||Y Hayman, Denise||N McKamey, Wendy||Y Salomon, Daniel|
|Y Brown, Zach||Y Hertz, Greg||Y Mehlhoff, Robert (Bob)||Y Schreiner, Casey|
|N Burnett, Tom||N Hess, Stephanie||Y Meyers, G. Bruce||N Schwaderer, Nicholas|
|Y Clark, Christy||Y Hill, Ellie Boldman||N Miller, Mike||Y Shaw, Ray|
|Y Cook, Rob||Y Hollandsworth, Roy||N Monforton, Matthew||Y Smith, Bridget|
|Y Court, Virginia||N Holmlund, Kenneth||N Moore, David (Doc)||N Staffanson, Scott|
|N Cuffe, Mike||Y Hunter, Chuck||N Mortensen, Dale||Y Steenberg, Tom|
|Y Curdy, Willis||Y Jacobson, Tom||N Noland, Mark||Y Swanson, Kathy|
|Y Custer, Geraldine||N Jones, Donald||Y Noonan, Pat||Y Tropila, Mitch|
|N Doane, Alan||Y Karjala, Jessica||Y Olsen, Andrea||N Tschida, Brad|
|Y Dudik, Kimberly||Y Kelker, Kathy||N Olszewski, Albert||N Wagoner, Kirk|
|Y Dunwell, Mary Ann||Y Kipp, George||N Osmundson, Ryan||Y Webber, Susan|
|Y Eck, Jennifer||N Knudsen, Austin||Y Pease-Lopez, Carolyn||Y Welborn, Jeffrey|
|N Ehli, Ron||N Lamm, Debra||Y Peppers, Rae||N White, Kerry|
|Y Ellis, Janet||N Lang, Mike||Y Perry, Zac||Y Williams, Kathleen|
|N Essmann, Jeff||N Laszloffy, Sarah||Y Person, Andrew||Y Wilson, Nancy|
|N Fiscus, Clayton||N Lavin, Steve||Y Pierson, Gordon||N Wittich, Art|
|Y Fitzpatrick, Steve||Y Lieser, Ed||N Pinocci, Randall||Y Woods, Tom|
|N Flynn, Kelly||Y Lynch, Ryan||Y Pope, Christopher||N Zolnikov, Daniel|
TO ADD INSULT TO INJURY THE BILL WILL NOT BE SENT TO APPROPRIATIONS
The motion to move SB262 to House Appropriations was voted down 40-59.
This bill has followed the path for Medicaid Expansion to the T.
CALL TO ACTION: NOW IS NOT THE TIME TO GIVE UP
Keep contacting legislators and pray that at least 3 of them change their minds on the third reading tomorrow.
You can contact them individually using the online messaging form at this link, or email or telephone them at the contact information noted below.
When talking to legislators, be sure to convey to them that all of the amendments proposed today to clarify and improve the compact and to protect Montanans were voted down.
None of the amendments proposed today would have stopped the compact.
This demonstrates that there are very serious problems with the process, the legality, the constitutionality and the practical impacts on Montana citizens. This is a forever document that is too big, too complicated with too many unknowns. It will impact Montana for generations to come..
Then urge them to vote no on the third reading of SB262 tomorrow.
Please be respectful but firm in your opposition to the compact.