Tester Bill to Deliver Clean Water Infrastructure to Crow Tribe Heads to the Senate Floor

Senator during Senate Indian Affairs Committee hearing: “Today is a good day for the Crow Tribe”

As a result of his continued work to deliver certainty to water users in Indian Country, U.S. Senator Jon Tester’s bipartisan bill to deliver clean water infrastructure to the Crow Tribe passed through the Senate Committee on Indian Affairs via voice vote, setting it up for a full vote on the Senate floor.

Tester’s bipartisan Crow Water Settlement Amendments Act will make cost-free adjustments to the Crow Tribe Water Rights Settlement Act of 2009 and ensure the Crow Tribe has the necessary flexibility and time to deliver clean water to its communities and complete critical energy development projects. The bill does this without opening the settlement between the state, the Tribe, and water users, and without altering any existing water rights or increasing costs. 

Tester began his remarks to the Committee by emphasizing the benefits of his bill: “The [Crow Water Settlement Amendments Act] is a straightforward bill that will ensure the Crow Tribe has the tools and infrastructure they need to deliver clean water to its communities.”

Tester continued to highlight the legislation’s benefits for energy development in Montana: “It will also bolster energy development by extending the timeline for the Tribe to develop hydropower at the Yellowtail Afterbay Dam which will provide clean energy and it will boost the economy in nearby communities.”

“We’re doing all of this with no additional cost, without changing any existing water rights, and without reopening the settlement,” Tester concluded, celebrating the step and urging action on the Senate floor. “Today is a good day for the Crow Tribe, and I will urge my colleagues to support this measure.”

The Crow Water Settlement Amendments Act will improve implementation of the Crow water rights settlement by:

1. Providing flexibility for water projects: This legislation provides the Tribe more flexibility in developing water infrastructure, allowing the Tribe to use the most up-to-date technology to create water systems that work for the region and are more cost effective without altering existing water rights.
2. Bolstering energy development: The amendment extends the authorization for the Tribe to develop hydropower on the Yellowtail Afterbay Dam until 2030, providing clean energy and an economic boost to the community. 
3. No additional costs or changes to water rights: This legislation will expedite clean water delivery to Tribal communities through efficient and manageable water projects without adding any funding to the original settlement.  This legislation also does not alter or change any existing water rights or water rights settled in the Crow Tribe Water Rights Settlement Act of 2009.

The Crow Tribe Water Rights Settlement Act of 2009, enacted in 2010, settled the Crow Tribe’s water rights and authorized $460 million to design and construct a Municipal, Rural and Industrial (MR&I) water system for the tribe and to rehabilitate and improve the Crow Irrigation Project. Additionally, the legislation provided funding for the Tribe to develop hydropower at the Yellowtail Afterbay Dam.

This bill is also supported by the Big Horn County Board of Commissioners.

Full text of the Senator’s bill can be found HERE.