People of Montana don't get anything from water compact
After listening to over five hours of testimony on SB 262, plus questions and answers, I believe I can summarize the Salish and Kootenai water compact in the following statements:
1) The compact takes all water rights from everyone in the stated compact area who is non-tribal, both on- and off-reservation class of owners.
2) The compact takes in excess of $55 million from the citizens of Montana.
3) Any and all non-tribal persons get absolutely nothing out of the compact. The compact is a total and complete loss to us all.
4) Control of all water contained in the CKST water compact will be managed by a board comprised of five members, two appointed by the tribe, two appointed by a politically driven governor and the fifth by the four stated appointees. It was even disclosed in testimony that many thousands of dollars have been donated to a single political party, presumably to be sure members of that party would support this compact, so it is politically driven.
5) There is absolutely NO input from the citizens whose water is being taken allowed in any manner. Citizens do not get to nominate board members, nor do the people get to vote on board members, nor were the affected people allowed to input any text of the compact. In fact, such people were intentionally marginalized so they would have no input.
6) Existing law intended to protect the people of Montana will be taken from the people by way of the compact making itself exempt from those protections for the general public. Also, the existing water court is to be taken from the people.
7) The Legislators who are about to vote on this proposed compact have been elected by the people of the state, not the tribe. They were elected to watch over and protect the rights of the people who elected them, not the tribe.
Voting for taking their constituents water rights and legal rights is exactly the opposite of the purpose of a legislator. Such legislators exist, and are obligated to, protect the people, not take from them so they can give what belongs to the people to a separate sovereign nation. In voting to take from the people, both their water rights and their legal protection, they are committing a treasonous act and waver on the line of a criminal act. The same holds true for the governor and the attorney general.
8) The tribe has threatened to file 10,000 lawsuits if the compact is not passed “as is” and they have emphasized the millions of dollars of cost that would be required to defend those suits legally. I rather doubt the cost of defense would exceed the $55 million that the subject compact would cost.
9) There has been much discussion between affected people, by telephone, be email, in face-to-face discussion and on social media, such as Facebook. The discussion has been for the people to join together and place ads, in local districts of those who vote for this compact, explaining to the voters exactly how their senators voted on this issue, plus such ads would explain just how the compact will have impacted our farmers, ranchers and taxpayers over this time period between the vote and election day.
As stated during testimony, there will be farmers and ranchers who cannot survive the proposed reduced water allotments and those would be pointed out to the voting public.
So I would encourage all legislators to think about your obligation to your constituents and what is the right thing to do because as it is, the people of Montana get absolutely NOTHING. Remember your options of facing tribal lawsuits, but also possibly being retired by your voters.
We respectfully ask that Lincoln County’s legislators vote against the proposed CKST water compact.
Jim Johnson, of Troy, is president of the Lincoln County Heritage Council.