BREAKING: Tester Takes to Senate Floor, Passes Tester-Daines Fort Belknap Water Compact to Deliver Critical Relief After St. Mary Siphon Failure

Senator speaking on Senate floor: “This is no time to play politics. The siphon bursts that we saw earlier this week have left Montana families reeling. Congress can do its job. The Senate will do its job. It’s time for the House to act responsibly too.”

Following a major siphon burst on the Milk River Project near Babb, Montana, U.S. Senator Jon Tester today took to the Senate floor to successfully pass the Fort Belknap Indian Community (FBIC) Water Rights Settlement Act which would provide critical funding for repairs on the Milk River Project. The legislation is led in the Senate by both Tester and Senator Daines.

The FBIC Water Settlement – the final Indian Water Rights Water Settlement in Montana – will ratify the FBIC Water Rights Compact with the State of Montana, provide resources for critical water infrastructure development like the completion of the Milk River Project, give certainty to both Tribal and non-Tribal irrigators and restore FBIC lands to federal trust ensuring their preservation for years to come.

“The siphon failure caused thousands of gallons of water to flood the surrounding area, leading to extensive damage to local businesses in that area, and will damage irrigation opportunities for 120,000 acres… It is a vital source of water for North Central Montana water users and to so many farmers that feed the world. The timing of this could not be worse, because there are literally hundreds of farmers and ranchers who are currently depending on the Milk River Project to irrigate their crops,” said Tester during his remarks on the Senate floor.

Tester continued: “Because of the severity of the situation I immediately called on the Biden Administration to work to ensure that the local community’s irrigators have the resources they need to fix this problem, and to include the Milk River Project in the Administration’s domestic supplemental package. But Congress also has an opportunity, and an obligation, to do our job. Congress can unlock critical funding for the Milk River Project once again by passing the Fort Belknap Indian Community Water Rights Settlement.”

Tester concluded his remarks by calling on the House to move swiftly to send the bill to the President’s desk: “I want to be clear: the House needs to pass this bill. The House needs to put aside politics and pass this bill. Farmers’ operations that have been generational in this region’s livelihood are on the line. Water for municipalities is on the line. This is no time to play politics. The siphon bursts that we saw earlier this week have left Montana families reeling. Congress can do its job. The Senate will do its job. It’s time for the House to act responsibly too. So let’s get this done so we can repair the Milk River Project and give water users in North Central Montana the certainty and predictability they need to survive.”

Senator Daines issued a statement after the bill cleared the Senate: “This is a huge win for the Tribe, farmers and ranchers and the entire state of Montana. As the final Indian water rights settlement in Montana, this bill will help provide clean drinking water to Montanans on the Hi-Line, invest in critical ag irrigation and help prevent costly litigation by codifying existing water rights. Especially after the catastrophic siphon failure at St. Mary’s this week, we must get this done. After years of hard work with the Fort Belknap Indian Community and local leaders on the ground, I’m glad to see this come one step closer to becoming law.”

The Fort Belknap Indian Community Water Rights Settlement Act will provide $1.3 billion to improve infrastructure and economic development for the FBIC and improve the efficiency of the U.S. Bureau of Reclamation Milk River Project, which furnishes water for the irrigation of about 121,000 acres of Tribal and non-Tribal land. The bill specifically includes $275 million to rehabilitate the St. Mary’s canal. The bill will also restore Tribal management to 38,462 acres of state and federal land for the FBIC. Tester and Daines successfully passed the FBIC Water Compact through the Senate earlier this Congress as an amendment to the National Defense Authorization Act (NDAA), but Speaker Mike Johnson and House Republicans stripped it from the final package.

After more than a decade of negotiations, the FBIC Tribal Council approved its Water Compact with the State of Montana in 2001. The Montana Legislature approved the Compact later that spring. FBIC and Montana’s Senators worked to bring together partners to advance this critical settlement.

Supporters of the bipartisan bill include:

• Blaine County Conservation District
• Hill County 
• Phillips County
• Valley County
• St. Mary Rehabilitation Working Group
• Milk River Joint Board of Control
• Rocky Mountain Tribal Leaders Council
• The Wilderness Society
• Montana Farmers Union
• Bear Paw Development Corporation
• Blaine County
• Montana Farm Bureau
• Montana Stockgrowers Association
• Wild Montana

Earlier this week after the first siphon burst, Senator Tester called on the Biden Administration to provide immediate support for the local community, small businesses, and irrigators impacted by the failure, which caused thousands of gallons of water to flood the surrounding area. The siphon burst has already caused extensive damage to local businesses, and will impact vital irrigation to farmland in the surrounding area. Tester also called on President Biden to include the Milk River Project in his Administration’s domestic supplemental package, which would make federal funding available to assist in the reconstruction of the St. Mary’s canal.

Tester has led the charge to fund the Milk River Project and water infrastructure projects across the state. Earlier this month, Tester announced that a more than $88 million contract was awarded to Montana-based NW Construction to complete the St. Mary Diversion Dam Replacement project. The contract is part of the up to $100 million Tester secured for the Milk River Project through his bipartisan Infrastructure Investment and Jobs Act, which he negotiated and helped pass into law. Tester was the only member of Montana’s Congressional delegation to support the legislation, and to support additional improvements to the St. Mary’s canal.