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Compact violates Constitution


The proposed Confederated Salish and Kootenai Tribes’ Water Compact (S. 262 bloated up in Tester’s Senate Bill 3013) violates the U.S. Constitution, Montana State Constitution and CSKT Tribal Constitution. Citizens should just shut up.

The state donates $55 million and its state-owned waters in eleven counties, transferred to the United States for management by the CSKT tribe, and that’s swell too. Citizens, just shut up.

Governor Bullock quickly codified portions of the Compact for early implementation before Congress even held review or federal and tribal parties signed it. King Bullock and the boys know what’s best for us feudal serfs now abandoned on the reservation. Citizens, just shut up.

Private water rights were removed from deeds, but liens for the construction of the dam and irrigation project remain on all parcels because revenue to retire the liens were redirected God knows where. Citizens, shut up about water uncertainty and your property values.

The Compact’s “public negotiating sessions over 36 years,” is affirmed by Court Jester, DNRC Director John Tubbs, but fails to mention that the “public’ was voiceless and clueless about any of the back-door, cloak/dagger “negotiations” until about 2012.

There was a futile charade of “public” hearings prior to an illegal vote on S. 262. Legislators were prohibited amendments or even reading the 1,000 plus page beast that removed all State protections from folks on the reservation.

Citizens will not shut up. They are pursuing a constitutional right to explore any alternative to the nightmare described above. Mere mention of citizen efforts to find a fair, legal, practical alternative solution to water on the reservation incurs the written wrath of wealthy elites and Jackboot Bureaucrats like DNRC Director John Tubbs and his superiors.

Stop screaming at a process in early development. It will not muzzle Montana citizens any longer. Those with nothing to lose will no longer silence those with everything to lose. We are still America.

Elaine Willman


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