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Compact supporters studied facts

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If you buy a full page ad in a paper and make broad statements, does it make them true? 

The CSKT tribe recently filed a court case to define the water rights of the Flathead Indian Irrigation Project, no more no less.

The Unitary Management Ordinance does not give the tribe control of all water on the reservation. Quite the opposite, it gives the state a part in the development of water on the reservation, something the state does not have on any other reservation. 

The opposition consistently complains that the water in the compact has not been quantified yet they state the compact has fifty times more water than ever awarded to a tribe. The state hydrologist has offered to sit down with Concerned Citizens and discuss their figures but to date they have not taken the state up on the offer. 

They have also turned down an offer from the Ronan Chamber of Commerce to do a forum with the state for the citizens of the area. The comment was they did not want to debate the state.

If the CSKT water claims go to court the tribes will file thousands of senior claims. They have been carefully gathering data and support for their claims. They will be senior claims of time immemorial and 1855 depending on the type of claim. You will have to prove the claims are not justified if it affects your water right. They will have to justify nothing if you don’t object and if and when you do you will go up against the full weight of the tribe and the federal government. The legal staff for both governor and the AG’s office recently stated that their office would not be stepping in to defend individual water users.

The irrigator agreement was declared to be an unconstitutional taking by a district judge who had his entire judgment vacated by the Montana Supreme Court. Just because a judge says it doesn’t make it so. He went far beyond the scope of the case brought before him and offered his opinion. 

The Montana Water Court is a court of law. As an individual you can choose to represent yourself. As a corporation or an LLC you are required to have council. Proving your water rights can be extremely expensive. It is not uncommon to hear from folks who have spent hundreds of thousands of dollars to prove and protect their right. It is disingenuous of the Concerned Citizens of Western Montana and their supporters to lead people to believe that objecting to the tribe’s claims will be a simple, inexpensive process. 

It is also disingenuous to claim anyone supporting the compact is getting some special treatment by the tribes. Farmers, ranchers, businessmen and citizens who support the compact are hard working good people. They have studied the facts and came to the conclusion that a negotiated agreement that was worked out over many years was a fair and decent way to respect and protect the water rights of all involved.

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