What's a 638?
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Editor,
We all know what a 38 is — a gun — that one would hate being held to their head. But there is another dangerous weapon being used to kill off property and water rights: it's a 638, held to the head of irrigators, non-irrigators, tribal and non-tribal, by the ruling elite of the Confederated Salish and Kootenai Tribes. Did the Compact Commission know this? Can't see as they could not nor did not, what with all the lawyers bunched up on the devious side of this argument. What is a 638 contract? Public law 93-638, "The ISDEAA, known as Public law 93-638, authorizes the Secretary of the Interior (Secretary) to enter into self-determination of specific types of government programs. Most applicably, the Secretary may enter into self-determination contracts for programs ‘for the benefit of Indians because of their status as Indians[.]’” 25 U.S.C. § 450(f)(a)(1)(E)
Office of the Solicitor, DOI, letter to James Steele Dec. 2007 denying (again) a 638 applicability, consistent with several earlier requests and replies this subject, as well-reasoned and established protocol. Nonetheless, we have the "legal" equivalent of a 2-year-old yelling and stomping its temper-tantrum foot until it gets its way. Yet so far, not.
No traction via the DOI, so the end-around equivalent while no one notices is via the WUA and the Compact. The Compact Commission is mute on all of this. They would rather threat and engage in medial cortex (emotional panic) diatribes. (A little more foot stomping.) If they can get ownership of the irrigators’ water rights, then it will be easier to push once again to take over the Flathead Irrigation Project under a 638 contract — something that has been consistently rejected by the federal trustee. By the way that is exactly what the WUA proposes.
You can find all of this on: http://westernmtwaterrights.wordpress.com/ ?but not on any Compact or proponents' web sites. Wonder that, huh? Everybody else knew it, now you do, too.
Christopher Chavasse
Ronan
