In May 2014, Energy Keepers Inc.  published the following press release about the pending September 2015 tribal acquisition of Kerr Dam.  It says in part:

“By acquiring the Kerr Project, CSKT will be restoring ownership and control over lands of the Flathead Indian Reservation, our treaty-reserved homeland,” Lankford said. “By assuming control over Kerr Dam, CSKT will be asserting management and control over Flathead Lake and the Flathead River, two critically important water resources of the Flathead Indian Reservation.

And by selling the electricity generated at the Kerr Project, CSKT will receive more income than it gets from rental of the Project land, which will allow the tribe to better meet the needs of our people.

Lankford concluded her testimony by thanking the Committee for working toward empowering tribes to develop and manage their energy resources.

“Your support for tribal self-determination and tribal sovereignty is greatly appreciated,” she said. “Indian energy development is a key component of our ability to control our destiny and provide for our people. We look forward to working further with Congress to figure out how CSKT and other tribes can further maximize our energy potential, and we invite future discussions on how to create win-win scenarios for both the tribes and the federal government.”

Kerr Dam: More Questions than Answers

So how is it that the federal government and the state of Montana allowed the Kerr Dam situation to get to this place?

Why did the federal government fail to “capture” the dam in 1985, and allow it to go to the CSKT?

What is the federal Tribal Energy Bill and what does it have to do with Kerr Dam?

What is the relationship between Northwestern and the CSKT and are there plans for additional dams?

How did the tribe get the dam for practically nothing?

Isn’t it strange that someone from FERC attended the tribe’s celebration party?  Are they truly a partial arbiter of the goings on with respect to the CSKT?

How is it possible that all of this happened without real public scrutiny or due diligence or transparency?

What steps must be taken to right this wrong?

We hope that the documents found below can help to begin to answer these questions and many others.


1930   Flathead Power Development Report – Scattergood
1930   Original Kerr License
1934   Indian Reorganization (Wheeler-Howard) Act
1936   CSKT Corporate Charter
1969   Document related to Taking of Power Values
1971   Court of Claims Brief and Findings of Fact Re: Kerr Dam
1972   Court of Claims Docket 50233 Power
1985   FIP Comprehensive Review 10/85 – Volume 1
1985   FIP Comprehensive Review 10/85 Volume 2
1985   FJBC Testimony Re: Low Cost Block of Power
1985   FERC Assessment of Licensing Options – Environmental Assessment
1985   Joint Offer of Settlement
1985   FERC Order Approving Settlement and Issuing License


2006  Kerr License (from Energy Keeper’s Website)
2012  CSKT Demand for Arbitration
2014  Final Award Issued by Arbitration Panel
2015  CSKT Application for Partial License Transfer
2015  Keenan / Jackson Kerr Dam Lawsuit
2015  Keenan Lawsuit Withdrawn and Dismissed
2015  FJBC Intervention         Order for Hearing       Scheduling Conference
2015 Montana Public Service Commission Request for Rehearing


EKI Corporate Charter
EKI By Laws
Lankford Testimony


Are there more dams planned for the future?

Water Claim 76L 94412 00 Buffalo Rapids
Water Claim 76L 94413 00 Buffalo Rapids 4
United States Claim Filed for CSKT June 2015 – Future Hydropower


Title 25 Chapter 37 Tribal Energy 3501 – 3506

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