©2017 Montana Land and Water Alliance
In a disappointing but expected ruling, the Montana Supreme Court made a political decision to ignore Article II, Section 18 of Montana’s constitution and ruled against the FJBC in its complaint against the State of Montana. The decision can be read here.
The compact allows the state, Tribe, federal government, and a new water management entity to unconstitutionally take and/or damage citizen’s water rights and/or infrastructure without compensation for damages, costs, and attorney’s fees.
A summarized nicely by a rancher and Alliance Board member,
…once again, Montana politics conspires against its citizen, this time via a State Supreme Court decision that says the passage of the CSKT Compact was constitutionally appropriately passed by the legislature. Never mind that the Compact created the UMB, an unprecedented creation that nobody, even the judges, could explain. It said it was not “new” and therefore did not create a “new immunity”….
Looks like in Montana, we have our own swamp to drain–in all three branches of government.