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Chippewa Cree Tribe of the Rocky Boy's Reservation Water Resources Department water rights settlement records, 1832-2002

Overview of the Collection

Creator
Chippewa Cree Tribe of the Rocky Boy's Reservation. Water Resources Department
Title
Chippewa Cree Tribe of the Rocky Boy's Reservation Water Resources Department water rights settlement records
Dates
1832-2002 (inclusive)
Quantity
53.0 linear feet
Collection Number
Mss 746
Summary
Files used by the Chippewa Cree Tribe, and in particular the Tribal Water Resources Department, during their negotiations with the Montana Reserved Water Rights Compact Commission and the Federal Negotiating Team for the Rocky Boy's Reservation to settle the Tribe's water rights claims. The records include information about the history of the area that is now Rocky Boy's Reservation in north central Montana, history of water system development in the region, and legal files related to Rocky Boy's case for water rights.
Repository
University of Montana, Mansfield Library, Archives and Special Collections
Archives and Special Collections
Maureen and Mike Mansfield Library
University of Montana
32 Campus Dr. #9936
59812-9936
Missoula, MT
Telephone: 406-243-2053
library.archives@umontana.edu
Access Restrictions

Researchers must use collection in accordance with the policies of Archives and Special Collections, the Maureen and Mike Mansfield Library, and The University of Montana-Missoula.

Languages
English
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Historical Note

Rocky Boy’s Indian Reservation in north central Montana was established by an Act of Congress (Public Law 64-261) on September 7, 1916 as a homeland for a band of the Chippewa people led by Stone Man (also known as Rocky Boy) and a band of Cree people lead by Little Bear. Despite including drainages for Big Sandy Creek and Beaver Creek the land was arid and lacked adequate water rights to support the irrigation necessary for self-sufficiency. The Reservation grew in size as the United States purchased additional land for the Chippewa Cree Tribe, but the new land was largely of poor quality; water remained inadequate and water rights were not actively asserted by the United States in its role as trustee.

The Winter's Doctrine (also known as the reserved rights doctrine), articulated by the United States Supreme Court in the case of Winters v. United States in 1908, was created to ensure that Indian lands and other lands reserved by the federal government for particular purposes would have adequate water to fulfill those purposes. However, the amount of the entitlement is uncertain until it is quantified by judicial decision or by a settlement agreement. In 1979 Montana passed Senate Bill 76 which (among other things) established the Montana Reserved Water Rights Compact Commission. The Compact Commission is responsible for negotiating on behalf of the state with federal and tribal entities to quantify the federal and tribal reserved water rights. In 1997 the Chippewa Cree Tribe and the State of Montana agreed to a water rights compact between the two governments which quantified the Tribe’s water rights and established a joint Tribe/State water administration system. On December 9, 1999, the Chippewa Cree Tribe of the Rocky Boy's Reservation Indian Reserved Water Rights Settlement Act became Public Law No: 106-163. In 2002, a Montana water court decree approved the water rights of the Chippewa Cree Tribe.

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Content Description

This collection contains files of documents used by the Chippewa Cree Tribe, and in particular the Tribe's Water Resources Department, during their negotiations with the Montana Reserved Water Rights Compact Commission and the Federal Negotiating Team for the Rocky Boy's Reservation to settle the Tribe's water rights claims. The Native American Rights Fund (NARF) represented the Chippewa Cree Tribe and many of these records were originally part of the research and litigation files. Yvonne Knight served as NARF lead counsel. The records include information about the history of the area that is now Rocky Boy's Reservation in north central Montana, the history of water system development in the region, and legal files related to Rocky Boy's case for water rights. The settlement awarded $25 million for on-reservation water development projects, $3 million for a water administration system, $3 million for economic development, 10,000 acre-feet of storage water from a federal reservoir, $15 million toward a drinking water importation project, and $1 million to study future tribal water needs.

The document "Rocky Boy: Water Rights Settlement Index of Materials" was created by the Chippewa Cree Tribe's Water Resources Department. Most of the content of this guide to the Water Rights Settlement archival collection was created directly from that Settlement Index.

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Use of the Collection

Alternative Forms Available

Pdf files of these documents were created by the Chippewa Cree Tribe's Water Resources Department and are available from Archives and Special Collections, Mansfield Library. Pdf files of a portion of the documents in this collection are available online in the Montana History Portal collection Chippewa Cree Tribe Water Rights Settlement Records.

Restrictions on Use

Researchers are responsible for using in accordance with 17 U.S.C. and any other applicable statutes. The University of Montana owns an electronic copy of all the files, along with non-exclusive intellectual property rights to the collection.

Preferred Citation

Chippewa Cree Tribe of the Rocky Boy's Reservation Water Resources Department Water Rights Settlement Records, Archives and Special Collections, Maureen and Mike Mansfield Library, The University of Montana-Missoula.

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Administrative Information

Arrangement

Arrangement of this collection reflects the way that the materials were organized and described by the creator. The collection has been divided by the creator into sixteen series.

Series I: Congressional History, 1.0 linear feet

Series II: Historical Documents, 3.0 linear feet

Series III: Land Acquisition, 3.0 linear feet

Series IV: Regional Water System, 1.0 linear feet

Series V: Compact Drafts, 2.0 linear feet

Series VI: Research, 13.0 linear feet

Series VII: Correspondence and Research, Phase 2, 1.0 linear feet

Series VIII: Related Cases, 1.0 linear feet

Series IX: Correspondence, 8.0 linear feet

Series X: Consultants, 6.0 linear feet

Series XI: Attorney Notes and Reports, 6.0 linear feet

Series XII: Legal Proceedings, 2.0 linear feet

Series XIII: Litigation, 1.0 linear feet

Series XIV: Settlement Material, 1.0 linear feet

Series XV: Miscellaneous, 3.0 linear feet

Series XVI: Maps, 1.0 linear feet

Location of Originals

The original files, consisting of 53 boxes of print material, are on temporary loan to Archives and Special Collections, Mansfield Library, University of Montana and are available for access and research. A portion of the records are photocopies from documents housed at the National Archives. Pdf files of all documents in the collection have been given to the Mansfield Library and are available for access.

Custodial History

The physical and electronic records were in the custody of attorney Daniel Belcourt of Missoula prior to their transfer to the Archives in 2010.

Acquisition Information

The electronic files were gifted to the University of Montana in November of 2009. The physical documents were transferred to the Archives in February of 2010 where they remain on loan.

Processing Note

The physical documents were digitized under the supervision of the Tribal Water Resources Department prior to their transfer to the Archives. The original order of the physical documents has been maintained by the Archives. Box and folder titles, date ranges, and file content notes in this guide are largely transcribed directly from the "Rocky Boy: Water Rights Settlement Index of Materials" document given to the Archives when the boxes were placed on loan.

Bibliography

Cosens, Barbara A. "The 1997 Water Rights Settlement Between the State of Montana and the Chippewa Cree Tribe of Rocky Boy's Reservation: The Role of the Community and of the Trustee." UCLA Journal of Environmental Law and Policy, 16/2: 255-295.

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Detailed Description of the Collection

Names and SubjectsReturn to Top

Subject Terms

  • Water resources development--Chippewa-Cree Indians of the Rocky Boy's Reservation, Montana
  • Water rights--Chippewa-Cree Indians of the Rocky Boy's Reservation, Montana

Corporate Names

  • Federal Negotiating Team for the Rocky Boy's Reservation
  • Montana Reserved Water Rights Compact Commission

Geographical Names

  • Chippewa-Cree Indians of the Rocky Boy's Reservation, Montana

Other Creators

  • Corporate Names

    • Native American Rights Fund
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