What would a fairly negotiated, valid, equitable, and sustainable “compact” have done ?
- Guaranteed the Flathead Irrigation and Power Project the historical quantities of water, as beneficially used from 1946 to 2003, by Reservation irrigators, supplementing from Hungry Horse releases as needed.
- Guaranteed a mechanism for Tribal Members or the Tribal Corporation to buy back Allottments and the waters appurtenant thereto as originally issued to enrolled Members; via a purchased “Option” to match offers, a right of first refusal, a federal endowment fund, etc.
- Achieved orderly “turnover” of the FIPP to the Water Users’ FJBC per the Repayment Contractual Agreements, which the feds have delayed doing since 2003, when repayment was complete and the “turnover” clause became effective and operative. A year ago, BIA grabbed control with absolutely NO authority, in violation of that Repayment Agreement Contract. That Repayment Contract is The Act of May 25th 1948, Public Law 554. BIA Corporation Broke that in favor of BPA Corporation ! Communist Marxism marches on NEARLY UNOPPOSED, propelled by corporations enjoying crony capitalism and dark money !
- Guaranteed sufficient quantified volumes of “instream flows” to maintain the 1855 Treaty purposes of the Reservation under all various weather assumptions so western Montana fisheries are protected and Tribes’ cultural and traditional hunting, fishing, and food gathering is protected as another “beneficial use” ,and managed so well that no waters are wasted but rather beneficial uses are maximized on the Rez and in Western Montana, before remaining QUANTIFIED waters are “pipelined” via the lower Flathead River out of state and forever lost ( to BPA corporation, Nestle’ Corporation’s Arrowhead Bottled Water Division ( already bottling and selling Columbia River Water just below “the Gorge” – after the NUKE wastewaters seep into it from Hanford/Richland Atomic Energy Reservation, but labeled “Spring Water” ! ) , California, Nevada, China, Saudi Arabia, etc. The federal agents don’t care a hoot about any of us in Montana, or on the Rez. It’s a FEDERAL WATER GRAB!
- Provided a non-political, fully representative Board of Water Managers for on, and another for off, the Reservation. Presently the Flathead Joint Board is fully operative again on the Rez after having been torpedoed and sabotaged by Marxists. At least 2 of the present 11 FJBC water commissioners are enrolled Tribal Members ( Tim Orr in the Mission District and Kerry Doney in the Jocko District ), and at least one other is part “Indian Blood” ( Boone Cole is part Cherokee), and they adaquately represent Tribal Member Allottees should that ever become an issue.
- Insured local sovereignty and local decision-making, and maximizing of waters’ beneficial use inside the Reservation, and inside Montana, with BPA Corporation getting what’s left via “instream flow” “Pipelining” , rather than the other way around.
- Saved Montana tax payers the $55 million. FJBC water users have been paying for maintenance of all reservoirs, structures, measuring devices, and canal/ditch repairs ANNUALLY, IN THEIR BI-ANNUAL TAX BILLS!!! If any are decrepid now then a full forensic audit of FIPP and BIA needs to be immediately accomplished to see how our tax monies were actually spent. ( HINT = on personnel at Davis-Bacon rates? On “junkets” to Los Vegas, Portland, Washington, and down the Snake River with fishing charter captain, Alan Mikkelssen ? on replacing workable machines/computers/desks with new stuff so the “old” can be “taken home” ? etc.)
Why should Montana tax payers pay ANOTHER $55 Million when all Reservation water users, tribal and non-tribal, have already paid it?
- Saved federal tax payers the nebulous and near-worthless “promise” of $1.2 BILLION new money paid to BIA’s bureaucracy . Why would anyone expect Washington to send $1.2 BILLION into Montana’s BIA Corporation for any purpose when Washington is already $18 TRILLION in acknowledged debt, and more like $150,000,000,000,000.00 in under-funded and totally unfunded debt obligations?
- Insured a workable dispute resolution system for the inevitable problems/complaints that will arise. For example, a “Dispute Resolution Board of 3 members from the FJBC, 3 from the Tribal Corporation, 3 from the State DNRC, 1 from the federal government, and 1 to be chosen by those other 10; or mandatory mediation for 60 days; or mandatory arbitration, any and all of which can prevent costly and time-consuming beat-around-the-bush by a political appointee non-representative board, or “litigation” .
- Insured several means for enlarging water storage around western Montana and specifically on the Rez via re-introducing and protecting BEAVERS, via enlarging capacity of existing reservoirs, via authorizing small on-farm ponds and “tanks”, via reforestation and regeneration of clear cuts and areas that might retain snowfall longer and store groundwater at elevations that enable “trickle down” that works.
- Created a new solar boost pump syphon system for moving Hungry Horse releases from Flathead Lake, from pumps at Big Arm out through “Big Draw”, so that presently dry land in the Niarada to Hot Springs areas can go under new irrigation, and so the Little Bitterroot is once again a “River” .
- Added a clause that LIMITED federal reserved water to a QUANTIFIED amount and retained all other waters within Montana, for the Tribes and the State to agree upon, and LIMITED this compact ONLY to Western Montana, and including lanquage that specifically forbids it from EVER being used as a “case precedent” on any other ground or location but this specific territory within Montana and this specific Reservation, and listing reasons why! ( No other geologic land forms or soil conditions, no other weather patterns, no other set of Original Peoples, no other contractual reclamation project, no other set of engineering plans and accomplishments, and no other methods of financing, in any other State, are similar to this set ! )
I do NOT see any of these accomplished in THIS compact! It cannot be amended to improve it’s acceptability and sustainability ? (That’s what they all say, and repeat, and add to their 10,000 claims threats, because THAT’s what Washington told them all to say !); Meaning it will NEVER contain any of these provisions and will remain FOREVER defective, and UN-SUSTAINABLE.
That means only one group of people will ever benefit – LAWYERS! Win or lose, the LAWYERS always get PAID!
Unfortunately, the governor limited the “re-negotiation” in his “breath of new life” letter late in 2013. In that order for limited “negotiation”, he insulted both the Montana Legislators and the Montana Water Court by limiting SB 262 to a “take it or leave it” executive branch, lawyers’ creation. (The Great Creator would have done it without lawyers.)
Unfortunately, the parties used the governor’s letter as their excuse to NOT fairly or honestly negotiate with Irrigators, trout raceway owners, and other water users (like builders and developers) .
Unfortunately, the Montana attorney general ( elected because he spouted support for the Republican Platform ), became a RINO turncoat collaborator with the Marxist Governor and federal agents.
Unfortunately, it’s now too late to honestly NEGOTIATE a compact that will fairly do what Montana needs.
Unfortunately, now its the federal centralized crony corporate control system and all its political pull succulents who will benefit, and most of them are lawyers.
Unfortunately, all three Constitutions are being breached and trashed, and every elected or appointed state or tribal or federal employee who swore an Oath of Office will commit PERJURY by supporting this SB 262 which will enable a defective, Un-Constitutional, corrupted federal water grab “compact” , “forever”.
Unfortunately, while most of us would prefer a better one, the federal agent instigators have engineered this “divide and conquer” situation which cannot be amended!