Incomplete compact a scheme
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Editor,
At a public water rights meeting, the legal representative from the Joint Board of Control and the attorney for the state compact commission presented the draft proposal for the settlement of water rights on the reservation that further adjudicates the tribes’ water claims in Western Montana. Both representatives, Jon Metropoulos for the board and Jay Weiner for the state, were impressive in their knowledge of state-federal-tribal court rulings — claims, counter-claims and what it takes to get a good deal. With the promise of big federal spending on upgrades and the threat of spiraling electricity costs, Jon basically tells us the current proposed water compact the best deal we can get. Mr. Weiner’s response to questions was always a reflection of tribal rights versus irrigators’ concerns. Since Mr. Weiner’s former employer’s specialty is tribal treaty rights, his knowledge can be considered somewhat accurate. A video display showed what the agreement could do with the proper amount of federal-state money. Estimates ranging from $100 million would provide upgrades to the antique project and provide for the wealth and happiness of all, the assumption being that the state will spend $30 million to implement this bodacious enterprise, and the feds will fly off to China to get the money for the on-site repairs.
I know some of my neighbors think this proposal is sound. It could be, but I think it is full of assumptions and without a doubt is a blatant attack on individual property rights, which are being traded for a bureaucratic promise. If this agreement is sound, then present it to the affected parties complete and with all the rules of operation and control in place, leaving no vital issues unanswered. All EPA studies should be complete; all proposed construction detailed with all needed monies budgeted and with a foolproof system of accounting. A written, signed agreement between the Bonneville Power Administration and the Joint Board of Control is an absolute must. Furthermore, before I would ever sign with this pact, I would insist that the state representative who works under Mr. Tweeten, Jay Weiner, be replaced with someone who knows Montana constitutional law as well as he does tribal treaty laws. A new head of the compact commission is also in order. As for Jon Metropoulos, if a district judge handed down a court finding that made me look incompetent, I would work harder for my clients or quit. The water belongs to the property.
Joseph G. Brooks
Ronan
