The Crow Tribe – State of Montana Water Compact Impact on water quality and availability for everyone in Crow Country Presented to Tribal-State Relations Committee, 60 th Montana Legislature Crow Agency, Montana October 16, 2007

Montana/Crow Compact Ratified by Montana Legislature in Ratified by Montana Legislature in Central feature is that Crow is entitled to the natural flow of the Bighorn River at 500,000 Acre Feet per year. Central feature is that Crow is entitled to the natural flow of the Bighorn River at 500,000 Acre Feet per year. Must yet be ratified by Congress and put to a tribal referendum. Must yet be ratified by Congress and put to a tribal referendum. Federal settlement contribution yet to be determined as part of Congressional ratification Federal settlement contribution yet to be determined as part of Congressional ratification

Tribal Water Right Priority date of May 7, Priority date of May 7, New uses or developments will be junior to state uses existing at state compact ratification. New uses or developments will be junior to state uses existing at state compact ratification. Tribe has right to 500,000 AFY natural flow (defined as water that would exist in the Bighorn River and its tributaries in the absence of human intervention) of the Bighorn River. And Tribe has right to 300,000 AFY stored in the Lake. Tribe has right to 500,000 AFY natural flow (defined as water that would exist in the Bighorn River and its tributaries in the absence of human intervention) of the Bighorn River. And Tribe has right to 300,000 AFY stored in the Lake. Some of the Tribal Water Right must be used for in-stream flow protection. 150,000 AFY must be left in storage. Some of the Tribal Water Right must be used for in-stream flow protection. 150,000 AFY must be left in storage.

Crow/Montana Water Compact State contributes $15M cash. State contributes $15M cash. Federal contribution presently being negotiated. Federal contribution presently being negotiated. State and Tribe agreed to pursue federal legislation supporting the compact and by MOA to not withdraw from the compact. State and Tribe agreed to pursue federal legislation supporting the compact and by MOA to not withdraw from the compact. Tribe waives other water claims within the State of Montana. Tribe waives other water claims within the State of Montana.

Streamflow Plan Target Flow Rates Optimum Instream Flow – minimum flow target of 2,500 cubic ft. per second Optimum Instream Flow – minimum flow target of 2,500 cubic ft. per second Standard Instream Flow – minimum flow target of 2,000 cubic ft. per second Standard Instream Flow – minimum flow target of 2,000 cubic ft. per second Minimum Instream Flow – During low flow periods, minimum target of 1,500 cubic feet per second. Minimum Instream Flow – During low flow periods, minimum target of 1,500 cubic feet per second.

Federal Ratification Tribal representatives collaborated with State Reserved Rights Compact Commission to draft federal legislation ratifying compact. Tribal representatives collaborated with State Reserved Rights Compact Commission to draft federal legislation ratifying compact. Studies by engineering firm performed to support federal contribution to Settlement. Studies by engineering firm performed to support federal contribution to Settlement. Draft legislation has been submitted in the form of the Crow Water Rights Settlement Act. Draft legislation has been submitted in the form of the Crow Water Rights Settlement Act. Montana Congressional Delegation has expressed support. Montana Congressional Delegation has expressed support. Previously ratified tribal compacts set examples for divergence from conventional federal approval and ratification process. Previously ratified tribal compacts set examples for divergence from conventional federal approval and ratification process.

Federal Contribution Irrigation Project Rehabilitation and Development Irrigation Project Rehabilitation and Development Reservation-Wide Municipal Rural &Industrial Water System Reservation-Wide Municipal Rural &Industrial Water System Tribal purchase of select non-Indian lands to ensure tribal benefit from irrigation project. Tribal purchase of select non-Indian lands to ensure tribal benefit from irrigation project. Federal Contribution is estimated at $527.5M Federal Contribution is estimated at $527.5M Funded entirely from existing federal revenue streams (off-budget financing sources). Funded entirely from existing federal revenue streams (off-budget financing sources).

Crow Tribe – State of Montana Water Compact Agricultural growth on Crow Lands requires an updated irrigation system! Agricultural growth on Crow Lands requires an updated irrigation system! With your help, the Crow Tribe can build a better future, and ALL residents of the Crow Reservation can benefit from a safe, dependable, functioning water system! With your help, the Crow Tribe can build a better future, and ALL residents of the Crow Reservation can benefit from a safe, dependable, functioning water system! The Crow Tribe asks for your continued support in gaining federal ratification of our water rights settlement. Aho! The Crow Tribe asks for your continued support in gaining federal ratification of our water rights settlement. Aho!