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Blackfeet Tribe of the Blackfeet Nation of Montana

Agriculture Resource Management Plan: Water Policies and Procedures

Table of Contents (suggested) Water Land Agriculture

00.00 Introduction 1200.00 Guiding Principles and Goals XX300.00 Watersheds and Sub-basins400.00 Overview of Blackfeet Nation Administration XX500.00 Relevant/Existing Laws, Policies, and

ProceduresXX

600.00 Monitoring and Review XX

700.00 Decision Making Team and Workgroup Members

XX

800.00 Tribal Water Resources XX900.00 Out-of-Stream Demands XX1000.00 In-Stream Demands XX1100.00 Water and Energy XX1200.00 Infrastructure (existing, projects, maintenance) XX1300.00 Healthy Ecosystems (watershed health,

resiliency, natural storage, invasive species, species habitat, restoration projects)

XX

1400.00 Wetlands (historic, artificial) XX1500.00 Human Health (water quality, pollutants,

controls)XX

1600.00 Religious or Cultural Uses XX1700.00 Recreation (lakes, fishing permits)1800.00 Economic Development and Population XX1900.00 Growth/Change (land use, development, wells,

septic systems)XX

2000.00 Forest Management (snowpack, water availability)

XX

2100.00 Climate Change and Uncertainty (drought, contingency plans, future projections)

XX

2200.00 Regulatory Compliance XXWater Marketing

2300.00 Water Education and Outreach XXAppendix A Acronyms Used Throughout Document XXAppendix B Definitions XXAppendix C

Appendix D

ARMP Implementation Timeline and Responsibility ChartPolicy Template

XX

Appendix E Maps and Figures XXAppendix F References Cited XX

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Young, Micaela, 06/27/17,

USE THESE AREAS AS CODES. Place ordinances, resolutions in these categories and look for overlap, disagreement, how one admin changes the other, etc. Use as point for discussion as well as looking at how the existing resolutions and ordinances agree or disagree with the goals of the Compact, ARMP, and principles. Work on sections – pull from existing documents written by Tribe. The Tribe can look at existing resolutions and policy discussion and make decisions from there – vote on what to keep, what is outdated, etc.


100.00 IntroductionThis Policy and Procedure Guide is a living document designed to assist the Tribe in managing water resources on and around the Reservation by consolidating existing policies, procedures, and ordinances, and by providing helpful guidelines and resources. This Guide will provide a reference to general and specialized audiences with questions about Tribal water resources and the management thereof. This Guide also provides an introduction to important water-related topics and includes references to relevant resources for the most current information. This Guide can also be found online here: “Blackfeet Tribe of the Blackfeet Nation of Montana Agriculture Resource Management Plan: Water Policies and Procedures.” [link]. The SECTION X contains a list of helpful acronyms and definitions that complement this Guide.

110.00 Purpose To provide guidance to administrators, managers, and water users related to water

management and water use; To inform administrators, managers, workgroup members, and users of their roles and

responsibilities in management of water and ensuring compliance; To collect and organize information about water resource administration in one

document;

Generally, the Guide does not constitute Tribal water policy; either it summarizes existing policy and provides links to policies, or provides guidance and instruction on various topics relevant to water on tribal lands.

120.00 ContentsThis Guide addresses standards for management and use of water resources within the framework of an integrated human-ecological approach or Integrated Water Resources Management (IWRM); Major topics within this framework address topical policy areas common to IWRM, those identified in the Water Compact and Agriculture Resource Management Plan (ARMP), and those recovered from previous Tribally-established resolutions. This includes surface and ground water; water availability; water quality; healthy ecosystems; healthy human communities; management of related resources; management of this document and its policies, procedures, and guidelines.

200.00 Guiding Principles and Goals A goal-driven process helps to manage complexity inherent in water management and keeps teams and workgroups on track as well as provides a platform to work with the public. In this document, the major goals and consequent policy areas under consideration emerge from the stated goals that guide the Water Compact and ARMP, and from issues identified by stakeholders. This initial draft policy manual template suggests some topical policy areas common to IWRM, those identified in the Water Compact and ARMP, and those recovered from previous Tribally established resolutions and


http://www.watereducation.org/alphabetical-list-subjects


ordinances. Given that the suggested approach is holistic/integrated, resources and topics that interact with water are addressed.

210.00 Overarching Goals of the Blackfeet Water Rights Compact The passage of the Blackfeet Water Rights Compact was initiated when President Obama signed the bill into law on December 16, 2016. The Compact provides for federal approval of the Compact as well as $422 million (in addition to a state contribution of $49 million) in funding for water-related projects on the Reservation. The Tribe voted on the water compact on April 20, 2017 and a number of community-based efforts were undertaken to provide helpful information so that members may make informed decisions. The full Compact and associated documents are available on the Blackfeet Nation website . The overarching goals of the Compact are as follows:

To settle all existing claims to water of or on behalf of the Blackfeet Tribe within the exterior boundaries of the Reservation;

To develop, improve, or repair irrigation projects; To establish a means and procedure by which the Tribe may manage existing and new

claims; To define major river drainages within the Reservation for management purposes; To quantify in-stream, ground water, and irrigation water rights;

220.00 Overarching Goals of the Agriculture Resource Management Plan (ARMP)The Agriculture Resource Management Plan hereto referred to as ARMP, intends to inventory Tribal agriculture, land, and water resources for the purposes of future management and economic development. It is anticipated that this plan will be used to improve economic conditions and political sovereignty for the Tribe. To date, a comprehensive inventory of these resources has been conducted by the Tribe in partnership with Northern Engineering and Consulting which can be located in document, “Blackfeet Master Economic Development Plan,” Phase I: Land Use Evaluation 2015 [link]. The plan is under development and will soon be implemented with the buy-in of adjacent federal and state agencies and enrolled tribal members. The overarching goals of the ARMP are as follows:

To provide for a comprehensive inventory of agricultural, land, and water resources for management purposes;

To improve economic conditions and political sovereignty of the Tribe; To conduct a comprehensive, long-term economic development plan; To provide for a resource and reference for the purposes of implementing this plan to

include determination of priority projects;

Early consultations with tribal members in public input sessions revealed that the Tribe would like to address the following issues through the ARMP process:

Dewatered streams; Development on lakes; Jurisdictional boundary disputes;


Micaela Young, 06/28/17,

Need permanent document repository

http://blackfeetnation.com/watercompact/


Public access; Cultural preservation; Septic tank management; Tribal economic development.

Future processes will ideally take these considerations into account as goals, which will make the management process more targeted towards solutions and resolve. Future land and resource goals are detailed in the “Blackfeet Master Economic Development Plan,” Phase I: Land Use Evaluation 2015, Chapter 9.

230.00 Integrated Water Resources Management (IWRM): A Proposed Framework for Developing and Managing Water Policies and Procedures Numerous case studies confirm (as is present in the Tribe’s current approach) that an integrated human-ecological approach, or Integrated Water Resources Management (IWRM) has been most impactful for tribal entities dealing with jurisdictional complexities and often, competing goals and objectives (Cronin and Ostergren 2007; UN IWRM, 2014). The American Water Resources Association Policy Committee confirms IWRM as “a necessary component of any future national water vision” (AWRA Policy Committee, 2012). A few definitions exist but the most current accepted definition for IWRM is “a process that strives to balance regional economic growth while achieving wise environmental stewardship by encouraging the participation of seemingly disparate interests” (AWRA Policy Committee, 2012). In a practical sense, IWRM is best accomplished through the application of a few key principles and handful of clear, process-oriented phases.

240.00 Key Integrated Water Resources Management (IWRM) PrinciplesPrinciples should be developed to reflect the values of workgroups specific to the site under management. Some preliminary principles that apply to most sites and to this one in particular are as follows:

(1) Manage water sustainably; (2) Coordination is required for integration; (3) Encourage public participation; (4) Resources are connected; (5) Reclaim indigenous space;

Workgroups may use shared values and the principles that emerge from these values as guidelines to test decisions against. If decisions are found to be in conflict with these agreed upon principles, further discussion and alternate actions may be warranted.

250.00 Methods for Policy Analysis and Development using IWRM Policies within an IWRM framework should be developed and tested against the principles of IWRM at the fore by key personnel with an appreciation for combined perspectives. Successful integrated approaches cited to date, especially those employed on tribal lands typically rely on a



combination of Western science and Traditional Ecological Knowledge (TEK) to accomplish their goals (Cronin and Ostergren, 2007; AWRA Policy Committee, 2012). The combination of these perspectives has proven to be a powerful mechanism for resource management in the 21st century (Cronin and Ostergren, 2007; AWRA Policy Committee, 2012).

For example, water and forests are (or should) be managed in conjunction due to the importance of snowpack in Western watersheds due to their impact on water availability and ecosystem health (Wright, 2015; AWRA Policy Committee, 2012). Similarly, how we use land and plan for development can have tremendous impact on water resources. Increasing populations can strain water availability while particular industrial uses can lead to contamination or other ill effects that in turn harm human populations (Wright, 2015; AWRA Policy Committee, 2012). Planning and development of policy would ideally keep these changing dynamics in mind and build in regular review of any policies or procedures that are developed.

The practice of policy review and development is relatively well established (although typically managed through top-down approaches) and standards for this common practice can be modified by principles of IWRM and Tribally devised guidelines for reclaiming indigenous spaces. After all, the implementation of the Blackfeet Water Rights Compact is a decolonizing process as the Tribe reclaims not only geographic space, but also intellectual and political space (Lee, 2008). The following phases represent an adapted approach to standard policy development:

Phase I: Initiation o Identify position responsible for policy development. o Identify structure of workgroups. o Begin capacity building:

data collection methods financing structures staffing training of existing staff

o Identify issues through initial stakeholder consultation: current issues include dewatered streams, development on lakes, jurisdictional boundary disputes, public access, cultural preservation, septic tank management, tribal economic development.

o Create guiding principles and problem statements: (IWRM Principles) (1) Manage water sustainably; (2) Coordination is required for integration; (3) Encourage public participation; (4) Resources are connected; (5) Reclaim indigenous space.

o Research and strategy development: explore case studies, literature review, identify analytical framework.

Phase II: Development o Begin recruitment of workgroup members.o Identify policy triggers: local law, legislation (Water Compact), change and

development. 5 | A R M P W a t e r P & P


o Curate and digitize all existing/relevant policies and procedures: International Federal State Tribal Other

o Analyze policies alongside guiding documents (ARMP, Compact) within analytical framework. Policies will be imported into NVivo, a software used for evaluating qualitative data, specifically, to evaluate themes, identify overlap, and bring unforeseen issues to light.

o Develop documents: problem statements policy drafts workplans timelines

o Manage initial policy draft: Draft topic list and set of core policies and distribute to workgroups for review. Distribute to wider group after revision and approval.

Tools for distribution . Test policies against guiding principles and/or testing guidelines.

Phase III: Approval and Implementationo Present revised/expanded policy draft and plans to responsible authority and then all

stakeholders (use multiple means –in person, distribution tools, website, etc. and plain language guidelines).

o Address public comments: surveys open houses workshops) create subcommittees for contentious topics and modify problem statements

o Initiate formal adoption of policies, procedures, and workplans: secure signatures collective approval statements

o Draft and distribute final drafts using multiple means.o Initiate workplans, monitor, and evaluate. o Conduct public water education, training, and outreach (Extension Service, MSU

Water Center, local educational professional). Education on water cycle using Western Science and TEK. Practical education: maintenance of septic systems, water use, training of

water operators and other water professionals. Phase IV: Review (3-5 years after implementation).

o Survey community and workgroups. o Incorporate lessons learned and new information.


http://www.plainlanguage.gov/

https://www.dropbox.com/s/w8ouymx2jgxjs0p/Testing%20Guidelines.pdf?dl=0

http://compliancebridge.com/

https://www.google.com/search?client=safari&rls=en&q=NVivo+for+policy+document+review&ie=UTF-8&oe=UTF-8#q=NVivo+for+policy+document+review&safe=active&start=20&*


o Review data and evaluate progress of workplans. o Begin amendment process based on results and repeat phases.

300.00 Watersheds and Sub-basins The Upper Missouri River Basin was delineated as a management unit along with the Clark Fork Basin, Yellowstone River Basin, and Lower Missouri River Basin so that Basin Advisory Councils (BACs) as a group of diverse interests may make recommendations to DNRC on planning activities in the basin and to discuss pertinent issues such as water availability, quality, and use priorities (Montana Department of Natural Resources and Conservation 2013).

Figure 1. The Blackfeet Reservation River Basins.An abundance of surface water runs through the Blackfeet Reservation from tributaries originating on the east face of the Continental Divide in Glacier National Park and the Rocky Mountain Front. The largest watercourses include the Milk River, Cut Bank Creek, Saint Mary River, Two Medicine River, and the Marias River. There are also vast networks of smaller streams distributed throughout the reservation, most of which are part of the Missouri River drainage system. The rivers provide a year round source of water for irrigation, livestock, and domestic needs. For the purposes of the Agriculture Resource Management Plan (ARMP) and for future management considerations, the reservation is divided into six distinct sub-basins. The Compact directly addresses water use in

each basin.

310.00 Watershed Characteristics



Geomorphological assessments of the Two Medicine and other river basins reveal that the direction of the waters were influenced by early geological events such as drastic tectonic shifts, glacial formation and melting, and subsequent flooding in the region (Clausen, 2011; Rogers, 1998). These glacial events impacted the landforms such as valleys and mountains that ultimately influence the direction of waters (Clausen, 2011). The headwaters of one major river, the Two Medicine, are located in the high mountain ranges of the east-west Continental Divide, and valley and canyon formations that were shaped by these early geological events greatly influences the direction, movement patterns, and force of the river until it eventually feeds into the Missouri River (Rogers, 1998). From the headwaters, the Two Medicine River makes a sharp descent from the ranges that average an elevation of 9,000 feet, to the plains at elevation 3,800 feet (USGS, 2008). [technical review needed]

320.00 Hydrologic Profile Ground water and surface water within the nested watersheds are heavily influenced by precipitation events and glacial activity in the Continental Divide mountain ranges. As cold, high elevation areas of the northwest, these ranges experience heavy precipitation in the winter and spring months which lead to runoff that surges the rivers in the summer months, leading to high cubic feet per second (cfs) levels and somewhat predictable flooding (USGS, 2014 and 2015 and NWS, 2014). The mean annual precipitation in the continental divide ranges from 60-120 inches with higher elevations receiving the highest levels of precipitation (USGS, 1994). The corresponding figure (Figure 2, Appendix D) maps the precipitation levels in the Northwest region where the basins are located. High precipitation is indicated by green and blue markings.

400.00 Overview of Blackfeet Nation Administration



The Blackfeet Indian Tribe is a sovereign nation chartered by the Bureau of Indian Affairs, and is recognized federally as a Native American Tribal Nation and operates under a ratified constitution. The Blackfeet Tribal Business Council or its designated representatives have the authority to negotiate on behalf of the Blackfeet Tribe of the Blackfeet Indian Reservation. The Blackfeet-Montana Compact Board has been established to resolve controversies related to water rights and water use. Tribal Water Rights are administered by the Tribe and the Tribe has the final and exclusive jurisdiction to resolve all disputes between or among users of the Tribal Water Right (Water Compact, date). The Blackfeet Water Resources Department (BWRD) is the primary tribal agency responsible for management of water resources and processing water rights filed with the tribe (Compact, date). The BWRD shall cooperatively manage with the Montana Department of Natural Resources and Conservation (DNRC) and other federal and state agencies and non-governmental agencies as appropriate. [technical review].

500.00 Relevant/Existing Laws, Policies, and Procedures [collect in database, hyperlink]A body of existing policies, laws, and procedures come to bear upon management of water resources at the international, federal, state, and tribal levels. At the writing of this document, this list is illustrative and not exhaustive. The following laws, acts, policies, and ordinances apply:

International:o United Nations Resolution 64/292, The Human Right to Water and Sanitation o Boundary Waters Treaty, “Treaty Between the United States and Great Britain

Relating to Boundary Waters...” Federal:

o Blackfeet Water Rights Compacto Clean Water Act o The Estuary Restoration Act of 2000 o North American Wetlands Conservation Act o Safe Drinking Water Act, Tribal Lands o The Comprehensive Environmental Response, Compensation and Liability Act

(CERCLA) o United States v. Aageson, No. CIV-79-21-GFo Colorado River Water Conservation Dist. v. United States, 424 U.S. 800 (1976)o Arizona v. San Carlos Apache Tribe, 463 U.S. 545 (1983)o The McCarran Amendment, 43 U.S.C. 666(a)(1)(1952)o Northern Cheyenne v. Adsit, 721 F.2d 1187 (9th Cir., 1983)o Act of December 22, 1944 (56 Stat. 887) (“Pick-Sloan Act”)o Act of June 17, 1902 (32 Stat. 388, chapter 1093) (“Milk River Project”)o Water Conservation and Utilization Act of August 11, 1939

State:o Prior Appropriation Doctrine o Montana Water Use Act , Chapter 697 o 85-2-702(1), Montana Code Annotated


http://leg.mt.gov/content/Publications/Environmental/2012-water-rights-handbook.pdf

http://nationalaglawcenter.org/overview/water-law/

https://www.epa.gov/superfund/superfund-cercla-overview

https://www.epa.gov/superfund/superfund-cercla-overview

https://www.epa.gov/tribaldrinkingwater

https://www.fws.gov/laws/lawsdigest/NAWCACT.HTML

http://www.era.noaa.gov/pdfs/congress_2000_2003.pdf

https://www.epa.gov/laws-regulations/summary-clean-water-act

http://www.un.org/es/comun/docs/?symbol=A/RES/64/292&lang=E


o 85-2-234, Montana Code Annotatedo 85-2-222, Montana Code Annotated o 85-2-306, Montana Code Annotated o In the Matter of the Adjudication of the Existing…State of Montana, Civil No. WC-

91-1 Tribal:

o Treaty of 1855, 11 Stat 657 o Article VI, Section 1(a), Constitution and By-Laws for the Blackfeet Tribeo Tribal Resolutions Database [link]o Tribal Ordinances Database [link]

Other: [any]

600.00 Monitoring and Review Monitoring and review of policies and procedures is addressed in section 250.00, Methods for Policy Analysis and Development using IWRM, “Phase IV: Review (3-5 years after implementation).” This method for monitoring and review is derived from IWRM and may be subject to period re-evaluation for efficacy. Monitoring and review of policies and procedures are also addressed in part in the Blackfeet Water Rights Compact, Agricultural Resources Management Plan, and in Tribal Ordinances.

610.00 Monitoring and Review in the Blackfeet Water Rights Compact Decisions made by the Blackfeet-Montana Compact Board are considered effective immediately unless stayed by the Board. These decisions may supersede policies or procedures outlined in this manual. [Jeannie]

620.00 Monitoring and Review in the Agricultural Resources Management PlanThe ARMP “Blackfeet Master Economic Development Plan,” Phase I: Land Use Evaluation 2015 outlined goals in consultation with Tribal members. Policies were to be conceived later during the phases of the comprehensive planning process. Monitoring and review should include input from enrolled tribal members and stakeholders and continue to address the goals identified early on in the process (Chapter 9, “Blackfeet Master Economic Development Plan…”).

630.00 Monitoring and Review in the Tribal Ordinance Database

Goal for this Topic [workgroup decides]:

Revised/History: [date policy is revised, if applicable]. TBD at time policy is formally adopted.

Effective Date: [Proposed effective date].

Review Date: [Month and date of review (3-5 years) from date of adoption]. 10 | A R M P W a t e r P & P


Responsible Party: [Identify position or office responsible for review of policy].

Introduction and Purpose: [Describe the background and rationale for the operating policy].

Policy: [guide for decision making].

Procedures: [sequential steps to carry out the policy].

SUB-POLICY/COMPONENTS OF POLICY – TEMPLATE

210.00 Name of Sub-Policy[body of text]:

The existence of the contract or grant; The general nature of the inquiry to be conducted; The identity of the sponsor, or; The research results;

700.00 Decision Making Team and Workgroup Members

710.00 Decision Making Team and the Blackfeet Water Rights Compact

720.00 Decision Making Team Agricultural Resources Management Plan




Review Date: [Month and date of review (3-5 years) from date of adoption].






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800.00 Tribal Water Resources[major section – overview]

810.00 Current Water Use 820.00 Ground Water 830.00 Surface Water 840.00 Data Collection and Storage












900.00 Out-of-Stream Demands [Jeannie’s Section]

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[major section – overview]

910.00 Current Out-of-Stream Demands 920.00 Forecast for Future Demands930.00 Water Rights Claims940.00 Water Rights Records950.00 New Rights and Permits












1000.00 In-Stream Demands 1010.00 Flows Needed to Meet In-Stream Demands 1020.00 Ground Water Dependent Ecosystems




13 | A R M P W a t e r P & P







1100.00 Water and Energy 1110.00 Energy Development 1120.00 Hydroelectric Power









1200.00 Infrastructure 1210.00 Existing Infrastructure 1220.00 Projects 1230.00 Maintenance

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APPENDIX A – ACRONYMS USED THROUGHOUT THIS DOCUMENT

ARMP Agriculture Resource Management PlanIWRM Integrated Water Resources ManagementAF Acre-foot or Acre-feetAFY Acre-feet per YearBWRD Blackfeet Water Resources DepartmentCfs Cubic feet per secondDNRC Department of Natural Resources and ConservationMCA Montana Code Annotated

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APPENDIX B – DEFINITIONS APPENDIX C – ARMP IMPLEMENTATION TIMELINE AND RESPONSIBILITY CHARTAPPENDIX D – POLICY TEMPLATE

100.00 Policy Name [TEMPLATE]










214.00 Openness in Research [BODY OF TEXT]:

Subpoint 1; Subpoint 2; Subpoint 3;

APPENDIX E – MAPS AND FIGURES APPENDIX F – REFERENCES CITED

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References

http://www.un.org/waterforlifedecade/iwrm.shtml

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