Overreach

© 2022 Concerned Citizens of Western Montana

When our respective governments, along with their “agencies” actively work against the interests of the people, its time to face the reality that the system is not sustainable, and ultimately it will collapse under the weight of its own corruption. 

As we and others get into government created predicaments such as the overreaching Flathead Water Compact, we tend to talk about the law, the constitution, attorneys, and the legal system.  We tend to see attorneys and the courts as the only way to get out of our mess. 

We often fail to acknowledge that it is the elected, appointed and bureaucratic attorneys within state, federal and tribal governments, as well as those who fill the judicial branches of our government, that have created, and continue to breathe life into the untenable situations that the people are forced to  deal with over and over again. 

Often our problems stem from past failures of the legal system to put an end to such disputes so that we can productively move on with our lives.

Just like our so-called “representatives,” the courts have distanced themselves from the people.   

Through judicially created obstructions such as standing, jurisdiction, and other contrived roadblocks, it has become more and more difficult to for the average person to seek relief in the courts.  They often are precluded from the process before they even begin.

While it is likely that through our own complacency and perhaps even apathy we have contributed to the problems we are faced with today, this does not negate the fact that our respective governments clearly are serving a different master.

If this weren’t true, the good people of western Montana would not be struggling under the weight of this egregious Flathead Compact. 

We all know overreach when we see it, especially when we can see its impacts on our own personal water and property rights.  Hence the need to object to the Water Court loudly and clearly.

Just yesterday we received this comment on the blog:

When we met with Daines’ representative last year, I asked him if my updated land patent would stand against this unconstitutional power grab. He told me that Daines said the land patents would not stand. How can a senator just dismiss what a former president has signed into law? Daines is a traitor just like Tester, Bullock and now our esteemed governor, Gianforte. We are dropping over the cliff and into the abyss of full-blown socialism.

The Flathead Compact and the coercive and collusive tactics that were used to garner its ratification in the Montana legislature speak directly to dishonesty of the government actors and bureaucrats forcing it upon the people as though we are their chattel.  Clearly they do not see us as living and breathing human beings with valuable water and property rights.  

The governments that have written and support this compact have long forgotten Montana Constitutional declaration that “All political power is vested in and derived from the people. All government of right originates with the people, is founded upon their will only, and is instituted solely for the good of the whole.”

Additionally many Montana officeholders who have advocated and voted for the compact have turned their backs to their oaths of office: 

“I do solemnly swear (or affirm) that I will support, protect and defend the constitution of the United States, and the constitution of the state of Montana, and that I will discharge the duties of my office with fidelity (so help me God).” No other oath, declaration, or test shall be required as a qualification for any office or public trust.

The Montana Water Court

While all of this can be daunting, it is still our responsibility to fight back against the Flathead Water Compact.  It is incumbent upon us to beat back this government overreach with everything we can. 

The Water Court objection process is simply the first step to be taken in the defense of your own water and property rights.

We recently reported that the water court granted a 60-day extension to the Flathead Compact Decree objection period.  The revised deadline for objections is now February 9, 2023. 

The process has not changed, we’ve simply been given more time to submit our objections to the court.   We strongly urge people to use this extra time to develop their well-reasoned objection to present to the court. 

As we’ve stated before, don’t lose sight of the fact that this is a speak now or forever hold your peace situation.  The Water Court Public notification makes this very clear.

“At this stage in the adjudication, all affected persons are required to state any objections that they may have to the Preliminary Decree.  Your water usage may be affected by the Flathead Compact.  If you do not agree with the Tribal Water Rights recognized in the Flathead Compact, you may file an objection and request a hearing and the Water Court will hear your objection under the existing legal standards.”….

… “This will be your only opportunity to object to the Preliminary Decree.  If you do not file an objection at this time, you will not be able to object in the Preliminary Decree in any other proceedings before the Water Court and you will be bound by any final decree entered by the Water Court approving the Tribal Water Rights quantified in the Flathead Compact.”

As an objector, you can object to the compact in its entirety, or if you prefer you can object to specific tribal water rights in the decree that could negatively affect your personal water rights.    

Keep in mind, this “special proceeding” of the water court is not for the purpose of adjudicating your water rights.  It is solely for the purpose of submitting objections to the decree and the water court’s judicial review of the Flathead Water Compact. The adjudication of your water rights will be completed at an unknown future date.

The public notice related to the Flathead Water Compact Decree discussed what the water court will be looking at during their review process:   

The Court’s review of a compact is to allow the Court “to reach a reasoned judgment that the agreement is not the product of fraud or overreaching by, or collusion between the negotiating parties . . . .” Id. (internal quotations omitted).

 “The purpose of this kind of judicial review is not to ensure that the settlement is fair or reasonable between the negotiating parties, but that it is fair and reasonable to those parties and the public interest who were not represented in the negotiation, but have interests that could be materially injured by operation of the compact.” Id. at *4 (emphasis omitted). 

Ultimately the big question is whether the Water Court will complete and unbiased judicial review of the compact.  Will it have the discernment necessary to see the extent of the overreach that is in front of them, or will they only see the State’s talking point whitewashed and disinfected version of it?

No matter what the outcome in the Water Court please know that the battle will likely continue long after this step in the process. 

Please do your part to ensure that you are able to participate going forward.