The purpose of this web site is to provide the Blackfeet Nation with additional resources regarding tribal water rights. Our main goal is to gather as much information concerning this water compact as possible and provide a basic overview of the water issues facing our Blackfeet Nation. We also attempt to provide a listing of all current developments with the State of Montana and the Federal Government as the compact travels through congressional hearings.
This site is designed to be a tool for all concerned to stay informed on the current status of the water compact, in order to educate, and inform you of the issues that surround this debate, before it is time for us (the Blackfeet people) to cast our vote. With the information provided within this site, tribal members can further educate themselves on issues surrounding the Blackfeet Water Compact and the Birch Creek Amendment.
The Compact Agreement
The Compact Agreement between the Blackfeet Nation and the State of Montana, clearly states that the Blackfeet have the rights to all of the water they can use or maintain. All extra water not controlled by the tribe is regarded as "in-stream flow".
The only thing the Blackfeet Nation is agreeing to in this compact is to honor all state water claims filed prior to this agreement.
Negotiation verses Court Determination
The Blackfeet Nation has been in litigation with the State of Montana since 1979 regarding tribal water rights. The State of Montana agreed to a 30 year respite for the Blackfeet to create a water compact agreement. After that time period has expired, we will return to court where the BIA and the Justice Department will act on behalf of the Blackfeet Nation regarding these issues.
The Justice Department retains all plenary power regarding all federally recognized tribes. This means they are our benefactors and have the duty to protect the tribes. However, history demonstrates that the BIA / Justice Department have not always acted in or served the tribes best interest when representing them in court.
This is why it is important for the Blackfeet Nation to set the terms of this compact, exercise it's tribal sovereignty, and negotiate a compact now before our decisions are not ours to make.
View the Blackfeet Water Compact.
What does the State want?
The State of Montana would like for the Blackfeet Tribe to honor the existing claims filed within the boundries of the the Blackfeet Nation.
State Water Claims (view map)
| Water Basin | State Claims | Quantity |
| Birch Creek | No | All must pull out of creek |
| Badger Creek | Yes | 1 |
| Whitetail | Yes | 1 |
| Two Medicine Creek | Yes | 3 (Not Perfected) |
| Cut Bank Creek | Yes | 5 (Up to 10 years to pull from creek) |
| Milk River | Yes | 3 |
| Total Claims | 13 |
Pros and Cons
A quick overview of some benefits and disadvantages to the agreement.
| Pros | Cons |
| Marketing of Water | Running Out Of Time |
| New Water Systems for All Communities | Current US Economic Hardships |
| The Power to Negotiate | The Rumor Mill and Bad Press |
| Economic Development | Water Compact Before Land Issues Are Addressed |
| Education / Training | May Not Get Ceded Strip |
