Confusion seems to come easily, lately. I know, I don’t speak legalese and if it makes sense, common sense, we aren’t talking judicial language – the cottage industry of justice.
So, to get it straight, tribal representatives can demand that the irrigation project accept the tribes terms for a unnecessary water use agreement that includes signing over to the tribe, all of the individual irrigators water rights in exchange for a pseudo “right to receive” water from the benevolent tribal consortium (tribe, BIA, DOI, DOJ) and then agree to never sue the tribe for any wrong doings the tribe might perpetrate upon the irrigators.
A group of these irrigators decide that this is ‘highway’ robbery, an unconstitutional taking of their personal property and decide to let a district court sort it out. Remember now, the tribe hasn’t been negotiating with the irrigators, but with their Joint Board of Control that represents them for taxation, operation & maintenance, etc., but has no ownership – legal or otherwise – over their individual water rights.
So, these irrigators sue their JBC to stop them from pretending they have control and entering into an illegal agreement with the tribe and giving away their individual property. The local district court agrees with the irrigators and makes it clear that individually bought and paid for property rights belong to the individuals who bought and paid for them and are not “communal” property poker chips to be used by the JBC at their whim or fancy.
Remember now, this law suit is familial – within the irrigation community. The tribal lawyers don’t like this turn of events against their backroom, unconstitutional deal, and run to the State Supreme Court and petition them to intervene in a lawsuit in which they are not participants…now how does that work? Is this tracking for you? It’s not for me; see my confusion? The tribe is not named in the suit. What gives them the right to run to a higher court and petition a stay of execution? And the higher court complied? Say what?! I’m losing hair scratching my head! Maybe I have a lawsuit over hair loss!