Flathead Water Rights Lawsuit Dismissed

HELENA, Mont. (AP) — A federal judge has dismissed a lawsuit by the Confederated Salish and Kootenai Tribes that asked the court affirm that an 1855 treaty reserved the water flowing through the Flathead Indian Reservation for their use.

The judicial declaration sought by the tribes would have bolstered their claims in an ongoing water-use dispute on and adjacent to the reservation.

U.S. District Court Judge Dana Christensen decided on Monday not to interfere in the fight over water rights.

His ruling allows separate water claims in state courts to continue. It also asserts that the tribes' priority in water use will be settled upon ratification of a compact between the state, federal and tribal governments.

The tribes' attorney, John Carter, says the decision includes language that could protect their claims if the water compact ultimately fails.