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Composition of water compact governing board violates ‘equal protection’

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Editor,

There is a fundamental constitutional issue involved with the CSKT water compact that appears to be overlooked. It pertains to the board created under the UMO. 

Placing non-Indian, tax paying, state citizens under the authority of this board, which “shall be the exclusive regulatory body of the Reservation for the issuance of Appropriation Rights and… for the administration and enforcement of all Appropriation Rights and Existing Use” is a clear violation of the “equal protection” clause in Art. II Sec. 4 of the Montana Constitution. 

This Board is 2/5 appointed by the Tribal Council and 2/5 appointed by the Governor, with those four choosing the fifth member. Non-Indian state citizens within the boundaries of the reservation have one vote - their vote for Governor - with which to influence the makeup of this board.  State citizens who are also tribal members have two votes - one for Tribal Council and one for Governor - with which to influence the makeup of the board. In short, those with a tribal interest have influence over the appointment of all five members of the board while those with non-tribal interests have influence, at best, over three of the five. It is possible, of course, for the entirety of the board to be determined by individuals favorable to tribal interests.

This is obviously less “protection of the laws,” for non-Indian Montana citizens who reside within the boundaries of the reservation as opposed to those non-Indian Montana citizens who reside without the boundaries of the reservation.     

These non-Indian Montana citizens are subject to all applicable state laws and taxes in a fashion no different from all other non-Indian Montana citizens. In light of that fact, the legislature has no authority or right to place these citizens, simply by reason of where they reside and own property within the state, under the authority and jurisdiction of an autonomous board that is, at minimum, 2/5 determined by another (sovereign) government, to administer something that its own Constitution specifically and explicitly establishes as a legislative duty to all citizens.  (Art. IX Sec. 3)

Rick Jore

Ronan 

 

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