Individual rights can’t be negotiated away
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Editor,
I own five acres of land, part of an original 80-acre Indian Allotment, that was removed from Federal Trust and given over to the State of Montana by the BIA of Dixon when it was sold in March of 1959 and registered at the courthouse of Lake County. It has been bought and sold several times since and remains on the non-tribal, non-federal controlled Montana State tax roles. That makes it non-reservation private property.
If the State Property Taxes are not paid, the State, not the tribe or the federal government, will place a lien on it and sell it to recover back taxes. Again, that makes my private property State-based and not part of a federal reservation; how about yours? My state based private property is not part of a federal reserved water right – water reserved to fulfill the purpose of federally reserved land (see the Winters Decision of 1908).
My land is, and has been, private property for the past 55 years (1/3 of the time that this area of Montana has been considered the Flathead Indian Reservation). It was removed from the Hellgate Treaty constraints of “….for the use and occupation…” (of the confederated tribes) when it was taken out of trust and sold to non-tribal individuals.
My land is not part of any reserved water rights negotiation. How about yours? I have the right to state based water appropriation for beneficial use. It is an individual right, not a reserved right or a group right. It is not under tribal control or jurisdiction. The private club of the CSKT cannot argue or negotiate for my individual right of water appropriation; only an individual member can contest it, in the Water Court of Montana. How about your individual water right?
The Federal Reserved Water Rights Compact Commission cannot negotiate away my right for water nor can they turn it over to a “sovereign tribal government” - make no mistake about it. How about your rights? Domestic or industrial or agricultural water rights are based on the status of the property, not on the lies we’ve been told.
Michael Gale
Ronan
