Flathead Joint Board of Control v. State

¶1 The Flathead Joint Board of Control (the Board) challenges the constitutionality of the Confederated Salish and Kootenai Water Compact (the Compact) entered between the Tribes, the State of Montana and the United States, and codified at § 85-20-1901, MCA. The District Court held that one provision was unconstitutional, but that it was severable from the remainder of the Compact. The Board appeals.

¶2 We restate the issue on appeal as whether Article II, Section 18 of the Montana Constitution required the Legislature to approve the Compact or its administrative provisions by a two-thirds…