BLM seeks water for national monument

The U.S. Bureau of Land Management initiated negotiations with the state regarding its federal reserved water rights along Arrow Creek and the Judith River in the Upper Missouri River Breaks National Monument Dec. 7. Members of the Montana Reserved Water Rights Compact Commission, who will negotiate on behalf of the governor and represent the interests of state-based water rights holders in the area, have scheduled a public meeting and negotiation session Jan. 31 in Lewistown. Existing state-based rights are being used for irrigation, municipal water supplies, stock water and other uses. "They submitted their proposal," said Bill Schultz, program manager for the state Reserved Water Rights Compact Commission. "We review it, hold negotiation sessions, public meetings and take public comment." The negotiations come 11 years after the President Clinton signed the proclamation creating the monument on Jan. 17, 2001. Clinton's proclamation says Arrow Creek and the Judith River contain "outstanding objects of biological interest" dependent on water, such as the fully functioning cottonwood gallery forest ecosystems. Therefore, it continues, a "quantity" of water is reserved, subject to valid existing rights, to fulfill the purpose for which this monument was established. The purpose of the negotiations is determining the quantity that will be set aside for the monument. A water supply for future state-based development will be quantified at the same time. The BLM is requesting in-stream flows of 160 cubic feet per second in the Judith River and 5 CFS in Arrow Creek. Those were the channel flow at the time the monument was created...more

Stroke of the pen, monument created and water reserved.  Under the Antiquities Act, the President can do this at any time, for any amount of land and for any amount of water.  Congress has no say, the states have no say.  Separation of powers?  Not when it comes to federal land.