© 2023 Concerned Citizens of Western Montana

We are appreciative of any information that folks can pass along related to the water shortages in western Montana as well as the ongoing problems with Flathead Lake levels.

After our recent articles pertaining to these shortages we received some information that adds some additional context to the Flathead Lake Level issue.

We encourage people to share information with us and we will do our best to get it out to folks.  You can submit information through the CONTACT page of this website, and are also welcome to post the information in the comments section that is available below each post.

Our goal is to get the word out to every water user in western Montana, so please share our articles with others if you can.

Please keep in mind that we are not saying that there aren’t water shortages in western Montana because of a natural drought weather pattern.  However we can already see that by essentially giving a tribal government ownership of vast amounts of western Montana water, Montana created a situation where through the dam the tribe can manipulate water supplies for profit, and create possible shortages via Kerr Dam with little or no accountability for the harm it will cause.

Because Montana has been a bad actor with respect to the water compact, and they are obligated to defend it from all challenges, it is incumbent upon the people to keep a watchful eye out for any manmade manipulations of the water supply for monetary or punitive purposes, or because of incompetence and negligence by any, or all three of the compacting parties.

We have a perfect opportunity to make people aware of the devastating effects of the compact and Montana’s role in creating a situation where there will be no accountability with respect to what happens to the water in western Montana because of the tribe’s “sovereignty.”

March 2020 NBC News / Associated Press (people are starting to make connections and that is a good thing.  This article was posted on Facebook this past weekend): 

The Billings Gazette reports Puget Sound Energy Inc. in Washington signed the 15-year contract to draw power from a project operated by Energy Keepers Inc., owned by the Confederated Salish and Kootenai Tribes in Montana. The tribal hydroelectric project including a Flathead River dam will provide Puget with 40 megawatts of power.”

Find the rest of the story here:  Washington Utility to Buy Power from Montana Tribal Group

Flathead Lake Water Level Evacuation

A fellow water warrior contacted us with this information:

My friends have a boat in the water (on Flathead Lake), they do every year which they have to pay and this year there was a special tax, so they paid in full for the whole summer and they were told the Tribes might refund their money, they didn’t know yet.   They were told by the Tribe to get their boats out of the water by Sunday because the lake is too low.   The Tribes told them the lake level is due to climate change.

This person also forwarded an email that was sent sent from from CSKT to the boat person mentioned above.

From: Gordon Garnett (email address redacted)
Sent: Thursday, July 6, 2023 3:45:29 PM
To: Redacted
Subject: Water level Evacuation

Good afternoon,

As you may know, Flathead Lake is experiencing record low water levels this year and has put the marinas all around the lake in a difficult position. Due to our concern for the safety of our guests and their watercraft, we have made the difficult decision to close our marina for the remainder of the 2023 season. The water level continues to drop dangerously lower on a daily basis and we are requesting that all watercrafts be removed from the marina by the end of day Sunday July 9th.

We are currently waiting to hear from our executive management team regarding compensation for this unfortunate event. We do not know at this time what this compensation offering will be, but we have been assured that there will be one offered.

We will also be attempting to contact all our guests by phone to convey this message as well; however, should you have any questions, please feel free to contact me at 406-883-3636.

We regret having to make this announcement but look forward to having you back in the marina again next year.

Thank you,

Gordon Garnett

July 2023 NBC News:

Several Montana counties are now federally recognized as natural disaster areas. The USDA designated Glacier, Lake and Pondera counties as primary natural disaster areas. The decision ties back to weeks of ongoing severe drought conditions during the agriculture growing season.

The designation allows the federal government to extend emergency loan credits to farmers and ranchers who suffered losses and need help recovering from natural disasters.

Meanwhile, seven other neighboring counties are also eligible for qualifying help, including Chouteau, Flathead, Liberty, Missoula, Sanders, Teton and Toole Counties.

Read the whole article at this link:  3 Counties designated as primary natural disaster areas, 7 eligible for assistance

A Picture is Worth 1,000 Words (or numbers :-))

Below is a follow up to our recent article that asked How Does Western Montana’s Streamflows Compare to the Compact? 

We have a friend who prefers to look at charts rather than numbers, and we did our best to accommodate them.

While the charts below are not official or very fancy “hydrographs”, the data was pulled from the water compact appendices and the USGS actual streamflow information.  The 4 charts below show streamflow from January 1 to July 6, 2023 compared to the Instream Flows Awarded to the United States / CSKT in the Compact.

Anytime the (US / CSKT) Red Line goes above the Blue Line (Actual USGS Streamflow), calls on water could be initiated by the tribe.  It is likely calls are not being made because the Flathead Water Compact is under review by the Montana Water Court, and water calls would likely call attention to the overreach in the compact.

As you review this information, please keep in mind that the US / CSKT flows on these charts (designated in red) are not federal reserved water rights.  THERE SHOULD BE ZERO OFF RESERVATION WATER RIGHTS FOR THE FLATHEAD RESERVATION. 

These are fraudulent tribal reserved water claims that were created out of thin air by the compacting parties. Each claim carries a time immemorial priority date. 

A time immemorial water right to vast amounts of water means that no state based water right can pre-empt or compete with these claims.

If there is a conflict, your water right will lose every time. The burden for all water shortages will be carried by tribal and non-tribal water users living in western Montana

It is highly likely that when the compact is being fully enforced it will have a chaotic effect on state based water uses and people will no longer have a predictable supply of water for their needs.

Without a predictable supply of water, property values could be significantly diminished as well. There is also no way to predict or understand the economic effects the compact will have throughout western Montana.

Swan River Chart 2023

This chart is for the Swan River. Look at how close the US / CSKT claims fall to actual instream flows for the entire first three months of the year.  During the period indicated on this map, there were 14 days that the flow fell short of the tribes claims where calls on water could be triggered.

Flathead River Perma Chart 2023

The Flathead River at Perma experienced 33 days so far this year where streamflow fell short of US / CSKT claims.

Lower Clark Fork Graph 2023

The Lower Clark Fork River experienced 11 days where streamflow was short of US / CSKT Claims.

Kootenai Graph

So far this year, Kootenai River streamflows fell short of US / CSKT claim levels for a total of 44 days.  This chart show that irrigation season is at great risk for water calls up in the Kootenai River basin.

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