{"data":{"id":"us-mt/85-20-1701","jurisdiction":"us-mt","citation":"85-20-1701","heading":"United States of America, fish and wildlife service, Charles M. Russell national wildlife refuge-Montana compact ratified.","body":"This compact is entered into by the State of Montana and the United States of America to settle for all time any and all claims to federal reserved water rights for the Charles M. Russell National Wildlife Refuge administered by the U.S. Fish and Wildlife Service within the State of Montana.\nARTICLE I RECITALS\nWHEREAS, the State of Montana, in 1979 pursuant to Title 85, Chapter 2 of the Montana Code Annotated, commenced a general adjudication of the rights to the use of water within the State of Montana including all federal reserved and appropriative water rights;\nWHEREAS, 85-2-228, MCA, provides that a federal reserved water right with a priority date of July 1, 1973, or later be subject to the same process and adjudication as a federal reserved water right with a priority date before July 1, 1973;\nWHEREAS, 85-2-703 and 85-2-228(3), MCA, provide that the Montana Reserved Water Rights Compact Commission may negotiate settlement of claims by the federal government to non-Indian reserved waters within the State of Montana;\nWHEREAS, the United States wishes to quantify and have decreed the amount of water necessary to fulfill the purposes of the Charles M. Russell National Wildlife Refuge as articulated in Executive Order 7509 of December 11, 1936;\nWHEREAS, the Attorney General, or a duly designated official of the United States Department of Justice, has authority to execute this compact on behalf of the United States pursuant to the authority to settle litigation contained in 28 U.S.C. 516-517 (1968);\nWHEREAS, the Secretary of the Interior, or a duly designated official of the United States Department of the Interior, has authority to execute this compact on behalf of the United States Department of Interior pursuant to 43 U.S.C. 1457 (1986, Supp. 1992);\nNOW THEREFORE, the State of Montana and the United States agree as follows:\nARTICLE II DEFINITIONS\nFor purposes of this compact only, the following definitions shall apply:\n(1) \"Abstract\" means copies of the documents collectively entitled \"Abstracts of U.S. Fish and Wildlife Service Water Rights for the Charles M. Russell National Wildlife Refuge\" referenced in this compact as Appendices 1-3.\n(2) \"Acre-foot\" or \"Acre-feet\" or \"AF\" means the amount of water necessary to cover one acre to a depth of one foot and is equivalent to 43,560 cubic feet of water.\n(3) \"Charles M. Russell National Wildlife Refuge\" means the federal reservation of land that was designated under the Act of June 25, 1910, ch. 421, 36 Stat. 847, as amended by the Act of August 24, 1912, ch. 369, 37 Stat. 497.\n(4) \"Coextensive\" means equal or coincident in space, time or scope. As applied to this compact, \"Coextensive\" rights to instream flow are non-additive water rights that constitute a usufructuary interest held by two or more parties with each party being subject to the same limits on quantity of water regardless of whether one or both parties are exercising the right.\n(5) \"Department\" means the Montana Department of Natural Resources and Conservation or its successor.\n(6) \"Effective Date\" means the date on which the compact is given ratification by the Montana Legislature, written approval by the United States Department of the Interior, and written approval by the United States Department of Justice, whichever occurs later.\n(7) \"Groundwater\" means any water that is beneath the ground surface.\n(8) \"Instream Flow\" means the water that the Parties agree must remain in the stream for non-consumptive uses to protect and maintain water flow and Wildlife Habitat throughout the Refuge for the purposes of the federal reservation.\n(9) \"Non-Consumptive Use\" means a beneficial use of water that does not cause a reduction in the source of supply or result in a reduction in the quantity or quality of water and in which substantially all of the water returns without delay to the source of supply, causing little or no disruption in stream conditions.\n(10) \"Order\" means Executive Order 7509, withdrawing from the public domain the Fort Peck Game Range, signed December 11, 1936.\n(11) \"Parties\" means the State of Montana and the United States.\n(12) \"Recognized Under State Law\" when referring to a water right or use means a water right or use protected by state law, but does not include state recognition of a federal or tribal reserved water right arising under federal law.\n(13) \"Refuge\" means the Charles M. Russell National Wildlife Refuge.\n(14) \"Reserved Right\" means collectively the United States' water rights for stock, wildlife, and Wildlife Habitat within Refuge as described herein.\n(15) \"Restricted Reach\" means the portion of stream reach subject to the on-stream impoundment limitation described in Articles III.E. and IV.C. and depicted in Appendix 5 of this compact.\n(16) \"Stacked\" means a series of impoundments on the same stream placed in proximity to one another such that water impounded by a down-stream dam reaches an elevation less than or equal to five feet below the elevation of the base of the embankment of the next upstream dam.\n(17) \"State\" means the State of Montana and all officers, agents, departments, and political subdivisions thereof. Unless otherwise indicated, \"state\" means the Director of the Montana Department of Natural Resources and Conservation or the Director's designee.\n(18) \"United States\" means the federal government and all officers, agencies, departments, and political subdivisions thereof. Unless otherwise indicated, for purposes of notification or consent other than service in litigation, \"United States\" means the Secretary of the Department of the Interior or the Secretary's designee.\n(19) \"Wildlife Habitat\" means a combination of food, water, shelter, and space that sustains wildlife and includes, but is not limited to, riparian areas and the stream flows that sustain them. This definition may not be construed to increase the quantity of the water rights set forth in Article III of this compact.\nARTICLE III WATER RIGHT\nThe Parties agree that the following water rights are in settlement of the reserved water rights claims of the United States for the Refuge. All water rights described in this Article are subject to Article IV of this compact as well as any specific additional conditions set forth below.\nA. Priority date. The Reserved Right for stock, wildlife, and Wildlife Habitat uses within the Refuge described herein has a priority date of December 11, 1936. The United States agrees to subordinate its 1936 Reserved Right to water rights Recognized Under State Law existing on the Effective Date of this compact. Accordingly, any water right Recognized Under State Law with a priority date prior to the Effective Date of this compact is functionally senior in priority to any component of the Reserved Right and is not subject to a call for enforcement or administration by the United States in the exercise of the Reserved Right. The final decree for the United States' Reserved Right must include the above prohibition on call.\nB. Quantified instream rights. The United States holds water rights in the following named streams from the point furthest upstream where the Refuge boundary crosses the mainstem stream channel to its confluence with Fort Peck Lake or the Missouri River. The water right is in the amount of one (1) or one-half (1/2) cubic feet per second (cfs) for instream use for the purposes of stock, wildlife, and Wildlife Habitat as set forth in Table 1 and the Abstracts attached to this compact as Appendix 1, and as depicted in Appendix 4. The period of use is from March 1 to June 30. The United States may exercise its quantified instream rights during the period of use provided by this Compact if water is available.\nTable 1\nStream Name\tAmount(cfs)\tUpstream Limit\tDownstream Limit\nAlkali Creek\t0.5\tNWSW Sec.27 19N29E\tSESW Sec.36 19N29E\nAntelope Creek\t0.5\tNWNE Sec.3 22N23E\tSESE Sec.21 22N23E\nArmells Creek\t1.0\tNWSW Sec.18 21N23E\tNWSW Sec.32 22N24E\nAsh Creek\t0.5\tNWNW Sec.28 22N42E\tSESW Sec.27 22N42E\nBear Creek\t0.5\tNENE Sec.15 25N42E\tSWSE Sec.10 25N42E\nBeauchamp Creek\t0.5\tNWNE Sec.16 22N28E\tSESE Sec.35 22N28E\nBig Coulee Creek\t0.5\tNWSW Sec.16 21N33E\tSWSW Sec.12 21N33E\nBig Dry Creek\t1.0\tSWSW Sec.26 20N42E\tNESW Sec.12 20N42E\nBilly Creek\t0.5\tSESE Sec.33 22N34E\tNWNE Sec.22 22N34E\nBox Creek, North Fork\t0.5\tSWSW Sec.18 23N42E\tNENE Sec.19 23N42E\nBox Creek, South Fork\t0.5\tSWNW Sec.19 23N42E\tSENE Sec.19 23N42E\nBridge Coulee\t0.5\tSWNW Sec.1 20N42E\tNENE Sec.12 20N42E\nCabin Coulee\t0.5\tSESW Sec.21 23N35E\tSWSE Sec.5 22N36E\nCarroll Coulee\t0.5\tSWNW Sec.31 21N26E\tSENE Sec.22 21N26E\nCart Trail Coulee\t0.5\tNWNW Sec.35 23N33E\tNENW Sec.1 22N33E\nCat Creek\t0.5\tNWSW Sec.29 23N42E\tSWSW Sec.28 23N42E\nCattle Creek\t0.5\tSWSE Sec.15 22N39E\tSWSE Sec.10 22N39E\nCK Creek\t0.5\tNWNE Sec.1 22N26E\tSESE Sec.12 21N27E\nCrooked Creek (Garfield County)\t0.5\tSESE Sec.19 22N39E\tNENE Sec.19 22N39E\nSacagawea River/ Crooked Creek\t0.5\tSWSW Sec.27 20N29E\tSWNW Sec.36 20N29E\nDawson Creek\t0.5\tNWSW Sec.6 23N42E\tSWSE Sec.6 23N42E\nDevils Creek\t0.5\tNENE Sec.16 21N32E\tSENW Sec.5 21N32E\nDoney Coulee\t0.5\tNWNE Sec.30 23N34E\tSESW Sec.29 23N34E\nDuck Creek\t0.5\tNWNW Sec.1 23N37E\tNWSE Sec.1 23N37E\nDuval Creek\t0.5\tNENW Sec.5 22N24E\tNWSE Sec.34 22N24E\nFifth Coulee\t0.5\tSWNW Sec.33 25N39E\tSESE Sec.2 24N39E\nFourchette Creek\t1.0\tNWNW Sec.15 22N30E\tNWSE Sec.8 22N31E\nGermaine Coulee\t0.5\tSESE Sec.22 19N30E\tSWSW Sec.16 19N30E\nGilbert Creek\t0.5\tSWSE Sec.17 22N40E\tNESE Sec.4 22N40E\nHawley Creek\t0.5\tNENW Sec.35 22N29E\tNENE Sec.2 21N28E\nHell Creek\t0.5\tSESE Sec.16 21N37E\tNWNW Sec.13 21N37E\nHilliard Coulee\t0.5\tNENE Sec.20 26N42E\tNWSW Sec.17 26N42E\nKill Woman Creek\t0.5\tNENE Sec.3 22N32E\tSESE Sec.10 22N32E\nKing Coulee\t0.5\tNWNW Sec.6 23N37E\tSESW Sec.9 23N37E\nLone Tree Creek\t0.5\tNWSW Sec.34 22N42E\tNESW Sec.34 22N42E\nLost Creek\t0.5\tSWSE Sec.36 21N31E\tNWNW Sec.33 21N31E\nMiddle Eighth Coulee\t0.5\tNENE Sec.28 24N38E\tSWNE Sec.35 24N38E\nNelson Creek\t0.5\tSESW Sec.26 21N43E\tNENW Sec.27 21N43E\nNichols Coulee\t0.5\tSWSW Sec.7 22N27E\tSESE Sec.10 21N27E\nNorth Fork Rock Creek\t0.5\tNENE Sec.21 23N43E\tSWSE Sec.17 23N43E\nNorville Creek\t0.5\tNWNW Sec.36 24N41E\tNWNW Sec.31 24N42E\nRenick Coulee\t0.5\tSESE Sec.24 23N40E\tNENE Sec.23 23N40E\nRied Coulee\t0.5\tSWSW Sec.18 21N38E\tNWNE Sec.13 21N37E\nRock Creek\t1.0\tNENE Sec.6 22N25E\tNWNE Sec.11 21N25E\nSand Arroyo\t0.5\tNWNE Sec.20 24N43E\tNESW Sec.20 24N43E\nSand Creek\t0.5\tSWSW Sec.16 21N24E\tNENE Sec.9 21N25E\nSandburn Coulee\t0.5\tSESE Sec.1 19N30E\tSESE Sec.25 20N30E\nSeven Blackfoot Creek\t0.5\tSWSE Sec.13 21N33E\tNENW Sec.13 21N33E\nSevenmile Creek\t0.5\tNENW Sec.6 22N26E\tSESE Sec.7 21N27E\nSeventh Coulee\t0.5\tNWSW Sec.18 24N39E\tSWNW Sec.20 24N39E\nSherman Coulee\t0.5\tNESE Sec.33 19N30E\tNENE Sec.30 19N30E\nSiparyann Creek\t1.0\tNWNW Sec.2 22N24E\tSESE Sec.32 22N25E\nSixth Coulee\t0.5\tNWNW Sec.5 24N39E\tSWNW Sec.14 24N39E\nSnap Creek\t0.5\tSWSW Sec.23 21N42E\tSENE Sec.26 21N42E\nSnow Creek\t0.5\tSWSW Sec.3 21N36E\tNESW Sec.2 21N36E\nSoda Creek\t0.5\tSWNW Sec.33 21N29E\tSWNW Sec.8 20N30E\nSouth Fork Duck Creek\t0.5\tNWNW Sec.21 25N39E\tSWNW Sec.14 25N39E\nSouth Fork Rock Creek\t0.5\tSENE Sec.33 23N43E\tNWNE Sec.32 23N43E\nSpring Creek\t0.5\tNESE Sec.11 24N42E\tSESE Sec.10 24N42E\nNancy Russell Creek/ Squaw Creek\t0.5\tSESE Sec.29 20N31E\tSWNE Sec.30 20N31E\nSutherland Creek\t0.5\tSWNW Sec.13 23N36E\tSWSW Sec.18 23N37E\nTelegraph Creek\t0.5\tNENW Sec.30 23N31E\tSWSE Sec.31 23N31E\nTimber Creek (McCone)\t0.5\tNENE Sec.17 20N43E\tSWSE Sec.6 20N43E\nTwo Calf Creek\t0.5\tNWNW Sec.30 22N23E\tNENW Sec.28 22N23E\nUpper Eighth Coulee\t0.5\tNWSW Sec.33 24N38E\tSENE Sec.4 23N38E\nValentine Creek\t0.5\tNWNE Sec.10 21N30E\tSENW Sec.14 22N30E\nWilder Creek\t0.5\tNENW Sec.12 22N25E\tSWSE Sec.6 21N26E\nWyatt Coulee\t0.5\tNWNW Sec.22 23N34E\tNESW Sec.22 23N34E\n*The downstream end of the quantified reaches of Telegraph Creek and Valentine Creek end at their confluence with Fourchette Creek.\nC. Instream Flow right on Musselshell River. The United States holds a water right in the Musselshell River from the point furthest upstream where the mainstem river channel enters U.S. Fish and Wildlife Service owned land within the Refuge (near the SESE of section 11, T.18N, R.29E) to its confluence with Fort Peck Lake as described in the Abstract attached to this compact as Appendix 2. The water right is in the amount of a minimum instream flow of seventy (70) cfs. The water right is for the purposes of stock, wildlife, and Wildlife Habitat and must be Coextensive with any other non-consumptive instream uses during the specified period of use. The period of use for this right is from March 1 to June 30.\nD. Wells, ponds, and springs. Water rights for wells, developed springs, and ponds will be recognized and quantified as set forth in the Abstracts attached to this compact as Appendix 3.\nE. Conditions to be applied to permits issued after the Effective Date of the Compact. On the Restricted Reaches set forth in Table 2 and depicted in Appendix 5, no new on-stream impoundments may be constructed after the Effective Date of this Compact, except as provided by Article IV.C.\nTable 2\nName of Group\tName at Endpoint\tUpper or Lower\tQuarter\tSection\tTownship\n\t\t\tQuarter\t\tRange\nArmells Creek\tArmells Creek\tUpper\tNENE\t12\t20N21E\n\tArmells Creek\tLower\tSWSW\t32\t22N24E\n\tFargo Coulee\tUpper\tNESE\t13\t20N22E\n\tUT of Fargo Coulee\tUpper\tSENW\t33\t21N23E\n\tUT of Fargo Coulee\tUpper\tNENW\t1\t20N22E\nAsh Creek\tAsh Creek\tUpper\tSWSW\t11\t22N41E\n\tAsh Creek\tLower\tSESW\t27\t22N42E\nBear Creek\tBear Creek\tUpper\tNENE\t15\t25N42E\n\tBear Creek\tLower\tSWSE\t10\t25N42E\nBeauchamp Creek\tBeauchamp Creek\tUpper\tNESW\t14\t24N26E\n\tBeauchamp Creek\tLower\tSESE\t35\t22N28E\nBilly Creek\tBilly Creek\tUpper\tSENE\t17\t21N34E\n\tBilly Creek\tLower\tNWNE\t22\t22N34E\nBobcat Creek\tBobcat Creek\tUpper\tNENE\t29\t25N42E\n\tUT of Bobcat Creek\tUpper\tNESW\t29\t25N42E\n\tBobcat Creek\tLower\tNWNW\t30\t25N41E\nBox Creek, North Fork\tBox Creek, North Fork\tUpper\tSENE\t4\t23N41E\n\tUT of Box Creek, North Fork\tUpper\tNESW\t9\t23N41E\n\tBox Creek, North Fork\tLower\tNENE\t19\t23N42E\nBox Creek, South Fork\tBox Creek, South Fork\tUpper\tNENW\t22\t23N41E\n\tBox Creek, South Fork\tLower\tSENE\t19\t23N42E\nBox Elder Creek\tBox Elder Creek\tUpper\tNESW\t29\t23N32E\n\tBox Elder Creek\tLower\tSENE\t30\t23N31E\nBridge Coulee\tBridge Coulee\tUpper\tSESW\t33\t21N42E\n\tBridge Coulee\tLower\tNENE\t12\t20N42E\n\tCarpenter Creek\tUpper\tNWNW\t15\t23N35E\nCarroll Coulee\tCarroll Coulee\tUpper\tSWNW\t11\t20N25E\n\tUT of Carroll Coulee\tUpper\tSESE\t27\t21N25E\n\tUT of Carroll Coulee\tUpper\tSWSW\t1\t20N25E\n\tUT of Carroll Coulee\tUpper\tNWNW\t3\t20N25E\n\tCarroll Coulee\tLower\tSENE\t22\t21N26E\nCat Creek\tCat Creek\tUpper\tNWNW\t34\t23N41E\n\tCat Creek\tLower\tSWSW\t28\t23N42E\nCK Creek\tCK Creek\tUpper\tNESE\t22\t24N25E\n\tCK Creek\tLower\tSESE\t12\t21N27E\n\tCottonwood Creek\tUpper\tNWNW\t36\t24N24E\nCrooked Creek (Garfield County)\tCrooked Creek (Garfield County)\tUpper\tNWNE\t4\t21N39E\n\tCrooked Creek (Garfield County)\tLower\tNENE\t19\t22N39E\nCrooked Creek/Sacagawea River\tCrooked Creek/Sacagawea River\tUpper\tSWNW\t30\t20N28E\n\tCrooked Creek/Sacagawea River\tLower\tSENE\t35\t20N29E\nDawson Creek\tDawson Creek\tUpper\tNENE\t3\t23N41E\n\tDawson Creek\tLower\tSWSE\t6\t23N42E\nDeadman Coulee\tDeadman Coulee\tUpper\tSESE\t20\t21N32E\n\tDeadman Coulee\tLower\tSWNE\t22\t21N31E\nDevils Creek\tDevils Creek\tUpper\tSESW\t30\t21N33E\n\tDevils Creek\tLower\tSENW\t5\t21N32E\nDoney Coulee\tDoney Coulee\tUpper\tSESW\t13\t23N33E\n\tDoney Coulee\tLower\tSESW\t29\t23N34E\nDuval Creek\tDuval Creek\tUpper\tNENW\t5\t22N24E\n\tDuval Creek\tLower\tNWSE\t34\t22N24E\nEast Fork Crooked Creek\tEast Fork Crooked Creek\tUpper\tNWNW\t25\t22N39E\n\tEast Fork Crooked Creek\tLower\tSWSE\t10\t22N39E\nFifth Coulee\tFifth Coulee\tUpper\tNWNW\t32\t25N39E\n\tFifth Coulee\tLower\tSESE\t2\t24N39E\nFourchette Creek\tFourchette Creek\tUpper\tNESE\t29\t23N29E\n\tFourchette Creek\tLower\tNWSW\t5\t22N31E\nGermaine Coulee\tGermaine Coulee\tUpper\tSESE\t24\t19N30E\n\tGermaine Coulee\tLower\tSWSW\t16\t19N30E\nGilbert Creek\tGilbert Creek\tUpper\tSENE\t29\t22N40E\n\tGilbert Creek\tLower\tNESE\t4\t22N40E\nHell Creek\tHell Creek\tUpper\tNWSE\t27\t21N36E\n\tHell Creek\tLower\tNWNW\t13\t21N37E\nHell Hole Coulee\tHell Hole Coulee\tUpper\tNENE\t19\t23N34E\n\tHell Hole Coulee\tLower\tNENE\t28\t23N34E\n\tKarsten Coulee\tUpper\tNWNW\t12\t22N28E\nKill Woman Creek\tKill Woman Creek\tUpper\tNESE\t27\t23N32E\n\tKill Woman Creek\tLower\tSESE\t10\t22N32E\nKing Coulee\tKing Coulee\tUpper\tSWNE\t36\t24N36E\n\tKing Coulee\tLower\tSESW\t9\t23N37E\n\tLittle Cottonwood Creek\tUpper\tNWNE\t9\t23N24E\nLone Tree Creek\tLone Tree Creek\tUpper\tNENW\t27\t22N41E\n\tLone Tree Creek\tLower\tNESW\t34\t22N42E\nLost Creek (east Garfield Co.)\tLost Creek (east Garfield Co.)\tUpper\tSWNE\t8\t22N42E\n\tLost Creek (east Garfield Co.)\tLower\tSWSW\t3\t22N42E\nLost Creek (west Garfield Co.)\tLost Creek (west Garfield Co.)\tUpper\tSWSW\t32\t21N32E\n\tLost Creek (west Garfield Co.)\tLower\tSENW\t33\t21N31E\nMiddle Eighth Coulee\tMiddle Eighth Coulee\tUpper\tNENW\t21\t24N38E\n\tMiddle Eighth Coulee\tLower\tSWNE\t35\t24N38E\nNorth Fork Rock Creek\tNorth Fork Rock Creek\tUpper\tNWNW\t36\t24N43E\n\tNorth Fork Rock Creek\tLower\tNWNE\t20\t23N43E\nNorville Creek\tNorville Creek\tUpper\tNESE\t28\t24N41E\n\tUT of Norville Creek\tUpper\tSESE\t21\t24N41E\n\tNorville Creek\tLower\tNWNW\t31\t24N42E\n\tPlum Creek\tUpper\tSENW\t3\t23N35E\nRenick Coulee\tRenick Coulee\tUpper\tNWNW\t32\t23N41E\n\tRenick Coulee\tLower\tNWNE\t23\t23N40E\nRied Coulee\tRied Coulee\tUpper\tNESE\t32\t21N38E\n\tRied Coulee\tLower\tNENE\t13\t21N37E\nRock Creek\tRock Creek\tUpper\tSWNE\t30\t24N25E\n\tRock Creek\tLower\tNWNE\t11\t21N25E\nSage Creek\tSage Creek\tUpper\tNENE\t8\t23N41E\n\tSage Creek\tLower\tSWSW\t31\t24N41E\nSand Creek\tSand Creek\tUpper\tNENE\t1\t20N23E\n\tUT of Sand Creek\tUpper\tSWSE\t35\t21N24E\n\tUT of Sand Creek\tUpper\tSWSE\t24\t21N23E\n\tUT of Sand Creek\tUpper\tSWSE\t33\t21N24E\n\tUT of Sand Creek\tUpper\tSWSW\t26\t21N23E\n\tUT of Sand Creek\tUpper\tSWSE\t14\t21N23E\n\tSand Creek\tLower\tNENE\t9\t21N25E\nSeven Blackfoot Creek\tSeven Blackfoot Creek\tUpper\tSWNW\t23\t20N34E\n\tSeven Blackfoot Creek\tLower\tNENW\t13\t21N33E\nSevenmile Creek\tSevenmile Creek\tUpper\tSESW\t14\t23N25E\n\tSevenmile Creek\tLower\tSESE\t7\t21N27E\nSherman Coulee\tSherman Coulee\tUpper\tNWSW\t1\t18N30E\n\tSherman Coulee\tLower\tNENE\t30\t19N30E\nShort Creek\tShort Creek\tUpper\tSENE\t10\t21N42E\n\tShort Creek\tLower\tSESE\t11\t21N42E\nSiparyann Creek\tSiparyann Creek\tUpper\tNENE\t5\t23N24E\n\tSiparyann Creek\tLower\tSESE\t32\t22N25E\nSixth Coulee\tSixth Coulee\tUpper\tSWNW\t31\t25N39E\n\tSixth Coulee\tLower\tSWNW\t14\t24N39E\nSnap Creek\tSnap Creek\tUpper\tNENE\t17\t21N42E\n\tSnap Creek\tLower\tNENE\t26\t21N42E\nSnow Creek\tSnow Creek\tUpper\tNWSW\t14\t21N35E\n\tSnow Creek\tLower\tNESW\t2\t21N36E\nSoda Creek\tUT of Soda Creek\tUpper\tSWNE\t30\t21N29E\n\tUT of Soda Creek\tUpper\tNESW\t31\t21N29E\n\tUT of Soda Creek\tUpper\tNWNE\t29\t21N29E\n\tUT of Soda Creek\tUpper\tSESW\t31\t21N29E\n\tUT of Soda Creek\tUpper\tNENW\t36\t21N28E\n\tSoda Creek\tLower\tSWNW\t8\t20N30E\nSpring Creek\tSpring Creek\tUpper\tNWNE\t12\t24N42E\n\tUT of Spring Creek\tUpper\tNESW\t33\t25N42E\n\tUT of Spring Creek\tUpper\tNENW\t3\t24N42E\n\tUT of Spring Creek\tUpper\tNENE\t14\t24N42E\n\tUT of Spring Creek\tUpper\tNWNW\t34\t25N42E\n\tSpring Creek\tLower\tSESE\t10\t24N42E\nStole Creek\tStole Creek\tUpper\tSWSE\t4\t24N42E\n\tStole Creek\tLower\tSESE\t9\t24N42E\nSutherland Creek\tSutherland Creek\tUpper\tSWSW\t30\t24N36E\n\tUT of Sutherland Creek\tUpper\tNWNE\t34\t24N36E\n\tSutherland Creek\tLower\tSWSW\t18\t23N37E\nTelegraph Creek\tTelegraph Creek\tUpper\tSESE\t25\t24N31E\n\tTelegraph Creek\tLower\tNWNE\t6\t22N31E\nTwo Calf Creek\tTwo Calf Creek\tUpper\tNENE\t22\t22N21E\n\tTwo Calf Creek\tLower\tNWNE\t28\t22N23E\nUT of Musselshell River\tUT of Musselshell River\tUpper\tNWSW\t17\t19N29E\n\tUT of Musselshell River\tLower\tSWNW\t30\t19N30E\nUT1 of Fort Peck Lake\tUT1 of Fort Peck Lake\tUpper\tNWNE\t14\t22N40E\n\tUT1 of Fort Peck Lake\tLower\tNENW\t2\t22N40E\nUT2 of Fort Peck Lake\tUT2 of Fort Peck Lake\tUpper\tNENE\t17\t24N41E\n\tUT2 of Fort Peck Lake\tUpper\tSWNW\t21\t24N41E\n\tUT2 of Fort Peck Lake\tUpper\tNENE\t21\t24N41E\n\tUT2 of Fort Peck Lake\tLower\tSWNW\t15\t24N41E\nUT3 of Fort Peck Lake\tUT3 of Fort Peck Lake\tUpper\tNWSW\t35\t26N42E\n\tUT of UT3 of Fort Peck Lake\tUpper\tSENW\t34\t26N42E\n\tUT3 of Fort Peck Lake\tLower\tSENW\t4\t25N42E\nUT4 of Fort Peck Lake\tUT4 of Fort Peck Lake\tUpper\tNENE\t20\t25N42E\n\tUT4 of Fort Peck Lake\tLower\tSENE\t8\t23N42E\nUT5 of Fort Peck Lake\tUT5 of Fort Peck Lake\tUpper\tSENE\t21\t25N42E\n\tUT of UT5 of Fort Peck Lake\tUpper\tSENW\t22\t25N42E\n\tUT5 of Fort Peck Lake\tLower\tSESW\t10\t25N42E\nUT6 of Fort Peck Lake\tUT6 of Fort Peck Lake\tUpper\tNWNE\t19\t25N41E\n\tUT6 of Fort Peck Lake\tLower\tSESE\t24\t25N41E\nUT7 of Fort Peck Lake\tUT7 of Fort Peck Lake\tUpper\tSESE\t14\t24N42E\n\tUT7 of Fort Peck Lake\tLower\tNWNE\t15\t24N42E\nUT8 of Fort Peck Lake\tUT8 of Fort Peck Lake\tUpper\tNWSE\t13\t24N42E\n\tUT8 of Fort Peck Lake\tLower\tSENW\t24\t24N42E\nWest Fork Sand Arroyo\tWest Fork Sand Arroyo\tUpper\tSENE\t9\t24N43E\n\tWest Fork Sand Arroyo\tLower\tNESW\t20\t24N43E\nWyatt Coulee\tWyatt Coulee\tUpper\tSWNE\t12\t23N33E\n\tWyatt Coulee\tLower\tNESW\t22\t23N34E\nARTICLE IV COMPACT IMPLEMENTATION\nA. Quantified reaches. Flows of designated quantified reaches set forth in Table 1 and Appendix 1 that are not already appropriated as of the Effective Date of this compact will be available for future development, subject to the Reserved Right and applicable permit conditions described herein. The Department may approve new uses after the Effective Date of this compact, but the Department shall condition any permit or approval of new uses to provide that such uses may not cause the quantified reaches to fall below the minimum flows set forth in Table 1 and Appendix 1 during the time period from March 1 to June 30. Appropriations occurring after the Effective Date of this compact will be subject to call by the United States in the exercise of the Reserved Right at any time streamflows are available but fall below the levels set forth in Table 1 and Appendix 1 of this compact, as measured where each quantified stream enters Fort Peck Lake or the Missouri River, or at the closest upstream confluence for those streams that intersect another stream before reaching Fort Peck Lake or the Missouri River, with a proper device for measurement of the waters flowing in the quantified reach.\nB. Musselshell River. Musselshell River flows that are not already appropriated as of the Effective Date of this compact will be available for future development subject to the Reserved Right and applicable permit conditions described herein. The Department may approve new uses after the Effective Date of this compact but shall condition any permit or approval of new uses to provide that such uses may not cause the flow of the Musselshell River to fall below seventy (70) cfs where the mainstem river channel enters U.S. Fish and Wildlife Service owned land within the Refuge during the period from March 1 to June 30. Appropriations occurring after the Effective Date of this compact will be subject to a call by the United States in the exercise of the Reserved Right at any time streamflow falls below 70 cfs for five (5) consecutive days.\nC. Conditions to be applied to permits issued after the Effective Date of the compact. Impoundments of less than the capacity and appropriation limits excepted from permitting under 85-2-306, MCA, may be constructed on the stream reaches identified in Table 2 and Appendix 5. These impoundments may not be Stacked to achieve a volume greater than the statutory exception. The Department may permit no new on-stream impoundments that do not meet the permit exception requirements of 85-2-306, MCA, on the Restricted Reaches identified in Table 2 and Appendix 5.\n1. Reclamation, repair, or rehabilitation of an existing impoundment may not be considered a new impoundment, except that reclamation, repair, or rehabilitation cannot cause the impoundment to exceed the storage volume listed on the statement of claim.\n2. Off-stream impoundments larger than the capacity and appropriation limits excepted from permitting by 85-2-306, MCA, may be constructed and filled in accordance with state permitting requirements from a diversion works located on the stream reaches identified in Table 2 and Appendix 5; and\n3. On-stream impoundments larger than the capacity and appropriation limits excepted from permitting by 85-2-306, MCA, may be constructed and filled in accordance with state permitting requirements on the streams identified in Table 2 and Appendix 5 upstream of the designated Restricted Reach.\nD. Uses exempted from curtailment by the United States' exercise of the Reserved Right during times of shortage. During times when there is insufficient water to satisfy the Reserved Right, and curtailment of junior water rights is otherwise contemplated under Article III, the following water rights will not be subject to call or curtailment for the benefit of the Reserved Right:\n1. Non-Consumptive Uses located upstream of the instream reaches identified in Table I and Appendix 1.\n2. Groundwater uses of thirty-five (35) gallons per minute (gpm) or less not to exceed ten (10) AF per year.\n3. Stockwater impoundments of less than fifteen (15) AF capacity and total appropriation less than thirty (30) AF per year.\n4. Temporary emergency appropriations under 85-2-113(3), MCA.\n5. An application submitted pursuant to 85-20-1401, MCA, Article VI.\n6. An application for a permit to appropriate surface water to conduct response actions related to natural resource restoration required for:\na. Remedial actions pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. 9601, et seq.;\nb. Aquatic resource activities carried out in compliance with and as required by the federal Clean Water Act of 1977, 33 U.S.C. 1251-1387; or\nc. Remedial actions taken pursuant to Title 75, chapter 10, part 7.\nE. Action for enforcement of provisions of Article III. The United States may file an original action in a court of competent jurisdiction to enforce the provisions of Article III at any time. The United States cannot be required to exhaust any administrative remedies in order to enforce Article III of this compact.\nARTICLE V GENERAL PROVISIONS\nA. The Parties recognize that the U.S. Fish and Wildlife Service has an interest in maintaining water flow and wildlife habitat throughout the Refuge.\nB. No effect on tribal rights or other federal reserved water rights.\n1. The relationship between the water rights of the U.S. Fish and Wildlife Service described herein and any rights to water of an Indian Tribe in Montana, or of any federally derived water right of an individual, or of the United States on behalf of a Tribe or individual shall be determined by the rule of priority.\n2. Nothing in this compact may be construed or interpreted in any manner to establish the nature, extent, or manner of administration of the rights to water of any Indian Tribes and Tribal members in the State of Montana.\n3. Nothing in this compact is otherwise intended to conflict with or abrogate a right or claim of an Indian Tribe regarding boundaries or property interests in the State of Montana.\n4. Nothing in this compact may be construed or interpreted in any manner to establish the nature, extent, or manner of administration of the rights to water of any other federal agency or federal lands in the State of Montana other than those of the U.S. Fish and Wildlife Service for the Charles M. Russell National Wildlife Refuge.\nC. General Disclaimers. Nothing in this Compact may be construed or interpreted:\n1. As a precedent for the litigation of reserved water rights or the interpretation or administration of existing or future compacts between the United States and the State; or of the United States and any other state;\n2. As a waiver by the United States of its right under state law to raise objections in state court to individual water rights claimed pursuant to the state Water Use Act, Title 85, of the Montana Code Annotated, in the basins affected by this compact, or, except as provided in this compact, any right to raise objections in an appropriate forum to individual water rights subject to a provisional permit under the state Water Use Act, Title 85, of the Montana Code Annotated, in the basins affected by this compact;\n3. As a waiver by the United States of its right to seek relief from a conflicting water use not entitled to protection under the terms of this compact;\n4. To establish a precedent for other agreements between the State and the United States or an Indian tribe;\n5. To determine the relative rights, inter se, of persons using water under the authority of state law or to limit the rights of the parties or a person to litigate an issue not resolved by this compact;\n6. To authorize the taking of a water right that is vested under state or federal law;\n7. To create or deny substantive rights through headings or captions used in this compact;\n8. To expand or restrict any waiver of sovereign immunity existing pursuant to federal law as of the Effective Date of this compact;\n9. To affect or determine the applicability of any state or federal law, including, without limitation, environmental and public safety laws, on activities of the U.S. Fish and Wildlife Service;\n10. To affect the right of the State to seek fees or reimbursement for costs or the right of the United States to contest the imposition of fees or costs, pursuant to a ruling by a state or federal court of competent jurisdiction or an act of Congress;\n11. To affect, in any manner, the entitlement to or quantification of other federal water rights. This compact is binding on the United States solely in regard to the water rights of the United States for the Charles M. Russell National Wildlife Refuge, and this compact does not affect the water rights of any other federal agency that is not a successor in interest to the water rights subject to this compact.\nD. Use of water right. Non-use of all or a part of the Reserved Right may not constitute abandonment of the right. The Reserved Right need not be applied to a use deemed beneficial under state law, but must be restricted to uses necessary to fulfill the purposes outlined in the Order.\nE. Coextensive with other non-consumptive instream water uses. The Reserved Right for Instream Flows for the Refuge described in this compact must be Coextensive with any other non-consumptive instream water uses, and may not be cumulative to other instream uses.\nF. Appropriation pursuant to State law. Nothing in this compact may prevent the United States from seeking a water appropriation pursuant to state law for use on the reserved land within the Refuge or for use outside the boundaries of the federal reservation for which a water right is described in this compact. A water right obtained in this manner shall be Recognized Under State Law and must be administered pursuant to state law.\nG. Reservation of rights. The Parties expressly reserve all rights not granted, described, or relinquished in this compact.\nH. Severability. The provisions of this compact are not severable.\nI. Multiple originals. This compact is executed in quintuplicate. Each of the five (5) compacts bearing original signatures must be deemed an original.\nJ. Notice. Unless otherwise specifically provided for in this compact, service of notice, except service in litigation, must be:\n1. State. Upon the Director of the Department or its successor agency, and such other officials as the Director may designate in writing.\n2. United States. Upon the Secretary of the Interior and such other officials as the Secretary may designate in writing.\nARTICLE VI FINALITY OF COMPACT\nA. Binding effect.\n1. The Effective Date of this Compact is the date of the ratification of this compact by the Montana legislature, written approval by the United States Department of the Interior, and written approval by the United States Department of Justice. Once effective, all of the provisions of this compact shall be binding on:\na. The State and a person or entity of any nature whatsoever using, claiming or in any manner asserting a right under the authority of the State to the use of water; and\nb. Except as otherwise provided in Article V, Section B, the United States, a person or entity of any nature whatsoever using, claiming, or in any manner asserting a right under the authority of the United States to the use of water.\n2. Following the Effective Date, this compact may not be modified without the written consent of the Parties. Any attempt to unilaterally modify this compact by either Party shall render this compact voidable at the election of the other Party.\nB. Settlement of claims. The Parties intend that the Reserved Right described in this compact is in full and final settlement of the reserved water right claims of the United States for the Charles M. Russell National Wildlife Refuge. Pursuant to this settlement, by which certain federal reserved water rights are expressly recognized by the State in this compact, the United States hereby and in full settlement of any and all claims filed by the United States or which could have been filed by the United States for the Refuge relinquishes forever all said claims on the Effective Date of this compact to water within the State of Montana for federal reserved water rights for the above mentioned unit. The State agrees to recognize the Reserved Right described and quantified herein, and shall, except as expressly provided for herein, treat them in the same manner as any other appropriation.\nC. The parties agree to defend the provisions and purposes of this compact from all challenges and attacks.\nIN WITNESS WHEREOF the representatives of the State of Montana and the United States have signed this Compact on the 11th day of May, 2015.","path":["TITLE 85. WATER USE","CHAPTER 20. WATER COMPACTS","Part 17. United States of America, Fish and Wildlife Service, Charles M. Russell National Wildlife Refuge-Montana Compact"],"source_url":"https://mca.legmt.gov/bills/mca/title_0850/chapter_0200/part_0170/section_0010/0850-0200-0170-0010.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T05:01:33Z","sha256":"9bf90bec7a3cd28c7220a9eaf9b2f7aef76f567630e5a7bb2bbf55eaa14c03f1","source_id":"us-mt","stale":false,"prev":"us-mt/85-20-1601","next":"us-mt/85-20-1801"},"notice":"GroundRules: Original legal text. Not legal advice."}