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Water rights sold with land

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Editor,

The plain language of the July 16, 1855 Treaty, approved by Congress March 8, 1859, Article 1, states, “the said Confederated Tribes of Indians hereby cede, relinquish, and convey to the United States all right, title, and interest in and to the country occupied, or claimed by them” ... General Reclamation Circular, pages 5 and 6, section 8, states, “the right to the use of water acquired under the provisions of this Act shall be appurtenant to the land irrigated and beneficial use shall be the basis, the measure, and the limit of the right.” Regarding Kerr Dam, page 7, Sec. 5 states that “any surplus power or power privilege, and the moneys derived from such leases shall be covered into the reclamation fund and be placed to the credit of the project from which such power is derived: Provided, That no lease shall be made of such surplus power or power privilege as will impair the efficiency of the irrigation project.” Opening and Sales of Indian Lands, Oct. 5 1912, page 4, section 4, Flathead Reservation, Mont., states that some of these lands will be irrigated under provisions of the act of May 29, 1908 (35 Stat., 444), and “entrymen on these lands will be required to pay for water rights in addition to the price of the land.” Also pages 6 and 7, #10, Flathead Lake, “Nine feet above the high water of 1909 is hereby reserved for uses and purposes connected with storage for irrigation or development of water power, and all patents hereafter issued for any such lands shall recite such reservations.” 

How much clearer can it be stated? Water rights were sold with the land, along with patents issued under mining laws, the most secure land ownership available. Negotiators of the current Water Compact documents, at the Federal, State and local level, have totally disregarded the law and are unconstitutionally taking the most vital appurtenant resource of land owners, irrigators and non-irrigators alike, via the water compact documents. 

Attend upcoming FJBC and CME meetings and speak up in defense of your land and water rights. 

Gene Erb 
Charlo 

 

 

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