Litigation should include all affected
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Editor,
After reading Ric Smith’s letter to the editor in the Nov. 5 edition of the Missoulian wherein he advocates:
1. Approval of the Tribal Water Compact;
2. If we object to the Tribal takeover of our granted water right, voice your objections by individually filing, at your own expense, your individual claim with the water court;
3. Don’t drag all the other affected water irrigators into this litigation involving your take-over battle.
I think I can answer this misguided plea by setting forth a hypothetical example:
1. Let us suppose that the Tribal Council decided to claim all property rights to all automobile vehicles garaged within the exterior boundaries of the reservation belonging to and registered as such with the State of Montana Motor Vehicle Department.
2. Let us further suppose that this claim of ownership is based on the fact that all vehicles are operated and located on the reservation.
My question to you, Mr. Smith, is simply this: should my property right of ownership be litigated by the individual registered owner or should I attempt to have all other owners together with the Montana Motor Vehicle Department join me in litigation to reverse this absurd claim?
As I interpret the Water Compact provisions, I find no difference in the hypothetical Tribal claim to my vehicle than its claim to my deeded water right.
In conclusion, I advocate all litigation concerning the compact be joined in by all affected irrigators along with the State of Montana.
Lloyd Ingraham
Ronan
