Documenting the CSKT Compact Deprivation of Montana Citizens’ Rights

©2017 Montana Land and Water Alliance

The CSKT Compact was designed to prevent the public and legislature from ever understanding just what was being proposed. Think about it: a 1,500 page document, canned uninformative “public education” regurgitating the same talking points as propaganda, telling us nothing about the real intent, consequences, or effect of this precedent-setting compact on our lives, lands, property, and children. What a shameful display by our state government, especially, which is supposed to represent all citizens.

Nevertheless, our collective efforts to pick this compact apart and to KNOW what it does sent these people scrambling: for money, lobbyists, favors, weasel words, raw political power, and fake support to get what they wanted. Forget the effect on the citizens, property rights, and even the Indian people themselves who will suffer at the hands of their tribal government even more.

They also manipulated the legislative process to enable legislators to end run the Constitution of Montana and the United States through a tortured set of rule changes, excuse making, and violation of their oaths of office.  All this is recorded for all to remember.  Here’s how it unfolded in 2015:

Why is this important?  Because of Title 42 U.S.C. Section 1983:

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.

Stay tuned.

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God Bless America

While many of us have longed for a much needed course correction in our state and country, we must never forget that the citizens of this great country are responsible to ensure that our pathway stays rooted in the constitution and the principles upon which our Republic was founded.

May God bless us all with the wisdom, strength and courage necessary for the tremendous amount of work that lies ahead. May our efforts, and those of President Trump first and foremost follow a good and righteous path.

We wonder if Montana’s “leadership” is paying attention. Especially Governor Bullock, Attorney General Tim Fox, the Montana Reserved Water Rights Compact Commission, the Lake County Commissioners, the Montana Judicial System and state legislators who through their sheer ignorance and corruption have worked overtime to try to force an unconstitutional and illegal water compact upon the citizens of Montana.

It won’t take long for Montana to catch up to the rest of the country. We absolutely look forward to the draining of our disgusting, putrid MONTANA SWAMP!

 

 

Our DEPLORABLE “Representatives”

© 2016 Concerned Citizens of Western Montana

Why is it that five minutes after an elected Montanan sets foot in Washington DC, Montana values, the Constitution and the people they represent are long forgotten?

We recently reported to you that our Congressional delegation was “Playing with Fire” with bills they have sponsored or currently support that could very likely be detrimental to Montana, and to all western states that have significant amounts of United States Forest Service (USFS) and Bureau of Land Management (BLM) lands located within their boundaries.

Sadly in just a few short days, we have also learned that our congressional delegation has not only been playing with fire, but Daines’ office, when being queried about his own bill, withheld information about other bills that Congress has already voted to ratify or are prepared to ratify that serve to accomplish the same objective.  We have to assume this omission was intentional because in April Daines already voted to ratify one of them. S 2012 sponsored by Lisa Murkowski out of Alaska, passed in both the Senate and the House and will soon make its way to Obama’s desk for signature.

These four bills (and possibly more) appear to be related to a larger strategy related to the management of our Public Lands:

S. 2012 North American Energy Security and Infrastructure Act of 2016
Sponsor:  Murkowski
Status:  Passed Senate 04/16 and House 05/16 – Daines, Zinke and Tester all voted for it

S. 3014 Tribal Forestry Participation and Protection Act of 2016
Sponsor:  Daines
Status:  Introduced to Senate and hearings held 06/16

S. 3085 Emergency Wildfire and Forest Management Act of 2016
Sponsor:  Roberts
Status:  Introduced to Senate 06/16

H.R. 2647 Emergency Wildfire and Forest Management Act of 2016
Sponsor:  Westerman
Co-Sponsors – 14 including Ryan Zinke
Status: Passed House 07/15

The attached table includes links to each of these bills and the language in them  serves to expand tribal control and jurisdiction over our Public Lands, as well as Washington’s inappropriate use of a 638 contract for the purpose of managing these lands.

The Farce of Representation in Washington

FAILURE TO FIX THE PROBLEM DOES LITTLE MORE THAN CREATE A NEW ONE
When asked about S.3014, Senator Daines’ staff conveyed that this was part of a larger strategy related to our Forest Service lands in an attempt to work around environmentalist obstructions to the management of public lands.

Because TRIBEs are exempt from the same laws as the rest of us, including the ability to be sued, legislators believe this is a work around to all of the lawsuits that impede responsible management of our forest lands.  To this we have a few questions:

1. Why not FIX THE ACTUAL PROBLEM of frivolous environmental lawsuits rather than trying to work around it by getting into bed with the tribes and CREATING A NEW PROBLEM?  For starters, how about removing federal judges who align with environmentalists for their “bad or unconstitutional behavior” or looking at the Equal Access to Justice Act that funds many of these lawsuits?
2. Speaking of getting into bed with tribes, has Senator Daines paid attention to what happened in Browning?
3. Why are tribes exempt from any laws that the rest of us are subject to?  Perhaps Daines should be looking at this RULE OF LAW FAILURE instead of focusing on yet one more expansion of federal and tribal overreach.

While we are unable to determine the complete strategy of these separate bills, it seems that each one of them brings a little something to the table.  By trying to “outsmart” the power brokers  and well-funded environmentalists in DC, the consequences of their brilliant scheme will place more shackles on citizens living in the western United States, and pave the way for further, and even more creative overreach in the future.

NOT TO WORRY, WE’LL REMOVE THE OFFENSIVE LANGUAGE FROM THE BILL
One constituent was told that Daines would remove the offensive language in the bill, not to worry.  Unfortunately these staffers failed to mention that the Murkowski legislation had already been passed in both houses with essentially the same language in it.

NOT TO WORRY, WE’RE GIVING THE STATES THE SAME OPPORTUNITY AS THE TRIBES
His office also told at least one constituent that he has co-sponsored a bill that would give the same opportunity to the states.  Remember that currently these federal lands are unconstitutionally held and managed by the federal government, and were originally intended belong to the states.

We looked up that bill S. 3310 sponsored by Amy Klobuchar and co-sponsored by Steve Daines named the Environmental and Economic Benefits Restoration Act of 2016.

Unfortunately for Daines, S.3310 doesn’t come close to allowing states to manage public lands located within their boundaries.  It instead  “establishes a landscape-scale restoration program to support landscape-scale restoration and management that results in measurable improvements to public benefits derived from State and private forest land.”

Hmmmmm….  let’s see if we get this right:

The Tribes are able to contract to manage our public lands, public lands meant to be enjoyed by all citizens, and will reap the benefits thereof.  If Daines has his way, the States will be “allowed” by the federal government to landscape State and Private forest land.

If this is not an assault on the efforts of the American Lands Council to restore federal lands back to the states, we don’t know what is.

One thing we know for certain.  Once tribes are given this huge overreach, it will be impossible for the states to ever have those lands restored to them because taxpayer funds will be used for tribal lawsuits to prevent it every step of the way.

We cannot help but think that subverting any restoration of public lands to the states is the desired outcome of these bills.  After all, Steve Daines, Jon Tester, and Ryan Zinke are all on record as opposing state management of “public lands ” that rightfully belong to the states.  And not one of them have given us any good reason to think otherwise.

THE BIGGEST LIE OF ALL,  THE LITTLE PEOPLE DESERVE A SAY
Today a friend forwarded an email from Steve Daines touting that “Montanans deserve a say” in National Monument Designations.

Was this communication a reaction to his utter disregard for these same “Montanans” when he voted to ratify Senator Murkowski’s Bill S.2012, the North American Energy Security and Infrastructure Act of 2016?

Or does his correspondence instead serve to deflect from S. 3014 and other legislation that has his fingerprints on it?

Who in Montana was told about the hearings on S.3014 or S.2012?  Anyone?  Were the tribe’s afforded the opportunity to testify?

What about due diligence?  Did Daines even bother to contact any of the 11 county governments in western Montana to discuss the jurisdictional or economic impacts his bill S.3014 could have on them?  Some of these counties have more than 80% forest service lands within their boundaries.

The water compact essentially ceded western Montana to the United States / CSKT.  Because our “so called representatives” have failed to consider the implications of these bills, it is incumbent upon citizens to study the practical result of each of them in combination with the compact itself.  In other words, what will these “forest service protection” bills sow in terms of further cessions of jurisdiction, control and financial benefits to one class of citizens to the detriment of others?

Republicans that sponsor or vote to ratify bills such as these are a far greater danger to our country than Democrats who do so.  Why?  Because the public at least generally knows where democrats fall on the scale of tyranny.

Unfortunately the public  incorrectly believes that republicans stand strong for smaller government and private property rights as well as the rule of law.  Montana “Republicans” supporting such legislation serve to undermine our Constitution and to advance an agenda that expands federal government overreach with most folks being none the wiser.

Mr. Daines, Murkowski and others seem to think they are smarter than the rest of us, and therefore know what is better for us than we do.  This is exactly why our country is in the shape it is in.

WHERE DOES GIANFORTE STAND?

While we have not reached out to them yet, we cannot help but wonder what Representative Ryan Zinke, currently running for a second term in Washington against Denise Juneau might have to say about his vote on HR 2647?

We are fairly certain that Governor Bullock supports this effort to expand tribal control and jurisdiction over our public lands.  What we don’t know, is what Greg Gianforte, Bullock’s challenger in the upcoming election thinks about Daines’ plans for our country’s Forest Service and BLM Lands.

We think it is time that the citizens of Montana to get some answers, and to let our congressional delegation know what we think of their ill conceived and poorly thought out plan.

Let them know how you feel about all of these bills and their companion CSKT Compact bill S. 3013 as well as Congressman Zinke’s blind support of the definition of Indian forest lands in  H. 2647 and S. 3014!

Senator Steve Daines: (202) 224-2651

Senator Jon Tester: (202) 224-2644

Congressman Ryan Zinke: (202) 225-3211

While you’re at it, it’s a good time to find out where the candidates coming up for election stand too:

The Gianforte campaign can be reached at:  (406) 686-3886

 

 

 

Behind the FJBC Election Curtain

© 2016 Concerned Citizens of Western Montana

Earlier this year we reported on the cancellation of elections by the Flathead Joint Board of Control because of Lake County’s decision to withhold the ballots of 1/3 of Flathead Project irrigators.  We were told that this was being done because the county attorney was interpreting the statute concerning irrigation district elections differently than it had been practiced in the past.

Since May, the Joint Board meetings have been weighed down with mind numbing and unnecessary filibustering from Dick Erb, a commissioner of the Flathead District who refuses to recognize the fact that the so called election results were tainted and compromised, requiring at a minimum, a new election.

Note:  Mr. Erb also seems to keep very close ties with state employees who continue to implement the water compact via the Compact Implementation and Technical Team (CITT), seeming to serve as the “eyes and ears” of the state while he sits on the  FJBC. But that is a story for a different day.

HISTORY AND CONTEXT

When the Stipulation or Water Use Agreement was introduced to irrigators in 2012, all hell broke loose.  Until that document was unveiled to the public, irrigators had no idea what their consultant Alan Mikkelsen and other Joint Board Commissioners had “negotiated” on their behalf.  This is the product of the old FJBC’s “negotiation”:

• Elimination of double and triple duty water, as well as non-quota water from spring runoff
• An estimated 40-70% reduction of water deliveries
• Forced relinquishment of irrigator water rights to the CSKT, including a “cease and desist” order preventing them from protecting their water claims in court

When irrigators discovered that their representatives had not negotiated in their best interests, they corrected course.  This was accomplished by stopping the joint board from voting to approve the water use agreement through a lawsuit in late 2012.  By May of 2013 irrigators had also successfully voted out some of the offending commissioners and fired their consultant.

However, not being deterred by irrigator opposition to the compact and water use agreement, two rogue commissioners of the Mission District and two in the Jocko district selfishly and without public support collapsed the Flathead Joint Board of Control in December 2013.

Irrigators again responded with an almost unheard of successful recall of two commissioners.  They then voted in compact opponent replacements, and reformed the Joint Board by mid-2014.

In other words, irrigators knew the power they had with their vote, and they weren’t afraid to use it.

Unfortunately for irrigators, they don’t have the luxury of returning to their fields thinking that the forces in play to destroy their businesses have been defeated.  That simply is not the case as there is a concerted state, federal, compact proponent, and Tribal effort to take their property rights.

It is fair to say that an effort has been underway since 2014 to undermine and weaken the irrigator’s vote, and to squelch any efforts by the Flathead Joint Board of Control to defend and protect irrigator’s water rights.  That is exactly what we are watching being played out today.

Montana took the lead by making a unilateral decision to “negotiate” on behalf of irrigators in late 2014 ahead of the legislative session.  Irrigators had a government board representing them, but the state bypassed them completely.

The state’s 2014 “reopened negotiations” began with a public promise to the tribes by Chris Tweeten that not a drop of water would be changed in the compact.  Tweeten was true to his word.  The state simply inserted the guts of the water use agreement into the compact by calling it “adaptive management”, forming a Compact Implementation Technical Team (CITT) that replaced the FJBC to implement it, gave bare legal title to 100% of project water to the tribes, and told irrigators to have fun defending their now compromised irrigation water rights in the Montana Water Court.

BACK TO THE PRESENT

So here we are today with the Joint Board working earnestly on some VERY IMPORTANT issues for irrigators:

1. an active lawsuit challenging the validity of the water compact vote in the 2015 legislature,
2. a 9th circuit court mediation with the BIA concerning project operations and management, and
3. an intervention in Kerr Dam concerning the irrigators right to a low cost block of power.

As if that is not enough, they are now dealing with a compromised election, at no fault of their own, and a county attorney who through his actions appears to be motivated to interfere with Joint Board of Control business.

A reasonable person might expect the county attorney to have approached the Joint Board with his concerns about the interpretation of the election statutes and attempted to work with them to find a mutually agreeable pathway forward.  Instead of doing that, a decision was made by his office to withhold the ballots of at least 1/3 of the irrigators based upon his new “interpretation” of the law, with insufficient notice of this intent to the board prior to the May 2016 elections.

Why might that be?

Attorney Eschenbacher attended a Joint Board meeting in early May where a multitude of examples were provided by the public that demonstrated there was little rhyme or reason to which ballots were withheld and which were mailed.  At a minimum, he had to have realized that a significant cleanup of the election records was necessary before any vote should proceed.  Yet he refused to acknowledge the Joint Board of Control’s authority to cancel the election because it had been compromised. Key questions remain:

• Why was there no acknowledgement of or investigation into the claims of improprieties that were mentioned at the meeting he attended?
• Why would the Lake County Attorney insist on validating an election that clearly was compromised by disenfranchising a large number of project irrigators?

Although his purpose might not be to intentionally undermine the FJBC, it seems on its face to serve that purpose.

Working as if agents of the state, compact proponents Susan Lake, Jack Horner, Ralph Salomon and a number of others sued the Joint Board in May. Their new “group”, the Mission Valley Irrigators United, challenges the reformation of the FJBC in 2014 and also asked the court to validate the May 2016 compromised elections and seat the unlawfully “elected” commissioners.

Then in July, Lake County sued the Flathead Joint Board of Control, asking Judge Manley to declare the validity of the May 2016 election.  In a hilarious but strange turn of events, the county also sued Mission Valley Irrigators United, Susan Lake’s group.  It is funny because after complaining publicly for a year about the FJBC spending money to protect irrigators property rights, Ms. Lake will now have to fork up funds to defend herself in both lawsuits from the likely voluminous discovery requests that will find out just exactly what “evidence” they have to defend their lawsuits.

Here are copies of those suits for your reference:

May 2016 – Mission Valley Irrigators United v FJBC
July 2016 – Lake County v FJBC and Mission Valley Irrigators United

Regardless of the outcome of these suits or the motives behind them, rest assured that irrigators must prepare themselves to continue to be undermined every step of the way in their efforts to defeat the onerous water compact and to protect their water rights from an overreaching federal government and a complicit state government.

The elections fiasco works hand-in-glove with the irrational support of the water compact by compact proponents.  We also have little doubt that taking over the largest district of the project, the Flathead District, would allow compact proponents to collapse the Joint Board again, or withhold the funds necessary to support any irrigator opposition to the water compact or defense of irrigation project water rights.

Put simply, supporters of the compact want the irrigators vote and their voice to be stifled.  Worse yet, they also want to make it difficult for them to defend their important and valuable water rights.

With all this in mind, it’s time for all of us to refresh ourselves on the playbook that is being used against us:  Alinsky’s 12 Rules for Radicals

Note:  we know you were hoping that we would provide a copy of Susan Lake’s diary at this point, or her email communications with officials in the Lake County government, but that too will have to be saved for another time.  We would also like to dispel the rumor that Lake County has been renamed Susan Lake County or that the lake will be renamed “Fathead” Lake.

Useful idiots by definition are dispensable, and while they currently serve a purpose to someone, if proponents of the compact are able to succeed in undermining their neighbors, they will ultimately undermine themselves and be despised by all.  In Soviet Russia, the useful idiots were the first to be executed by the new regime.

Sadly if they succeed in their efforts, they will also ruin the rest of us.  That is why ultimately, their actions are idiotic.

We can however, take heart in the fact that no one has the right to give away or relinquish their neighbors’ unalienable property rights, and that truth is what will prevail in the end.

Flathead Joint Board Moves Forward

©2016 Concerned Citizens of Western Montana

There is no getting around the fact that the recent FJBC election, “managed”–or more correctly mismanaged by Lake County election officials, disenfranchised more than 700 voters representing thousands of irrigated acres in the Flathead Irrigation Project.  The election was fundamentally and irrevocably compromised, forcing the FJBC to cancel the election.

So the question before the FJBC on May 23 became one of choosing to move forward to schedule and arrange a new, clean election, or accepting the results of a tainted election.  The intense dialogue around this issue invoked all of the things that we, as Americans, know are our responsibilities, and our rights:

• Military veterans, of which there are many within the Flathead Irrigation Project, reminded us all that people have fought and died for the rights we now sometimes take for granted–like voting.  They did not take an oath to protect the Constitution of the United States, and die, to have voters disenfranchised because of careless county election officials. EVERY VOTE COUNTS.
• Reflecting our Declaration of Independence, Americans know fundamentally that there shall be no taxation without representation.  Disenfranchising hundreds of taxpaying citizens within the Flathead Irrigation Project is at its heart, taxation without representation! And this will not be tolerated.
• America is a nation of laws, not of men.  By not following the law, or “letting it slide”, we become a nation ruled by the whims of ordinary, unprincipled men. The FJBC elects to follow the law, not the whims of any one person.

What also came to light in this meeting was the systemic violations that persist in the Lake County elections office–no ballot secrecy, voter intimidation, and no accountability even for basic things such as ballots received, ballots rejected, or ballots not sent out.  All of these problems have plagued elections in Lake County for years.  Letting this kind of incompetence and lack of accountability continue is not an option.

By a 10-2 margin, the FJBC resolved to move forward to schedule and hold a new election, in close collaboration with County officials, and as soon as practicably possible.  This permits the implementation of a clean election not compromised by the errors created by Lake County, and permits all the parties to move forward without litigation.

As one Commissioner stated, “its time to stop looking in the rear view mirror, and move forward”.

The FJBC chose forward thinking.  That is true leadership!

 

Inside the Mind of a Compact Supporter

© 2016 Concerned Citizens of Western Montana

Have you ever tried to wrap your mind around why people support the water compact in spite of its significant problems, inconsistencies and violations of the constitution and laws of the state of Montana?

On April 14^th, we had the opportunity to meet and talk with candidates for the Joint Board Commissioner positions.  It was a good meeting and was a chance for each candidate to express their views on important issues related to the Flathead Irrigation Project.  Of the six candidates for 3 available irrigation district positions (2 Flathead and 1 Mission), only David Lake, a challenger in the Flathead District against Shane Orien, did not attend.  No reason for Mr. Lake’s absence was given.

It was an excellent meeting and the candidates answered a variety of questions honestly, and to the best of their ability.  Thanks to all of them for taking the time out of their busy schedules to attend.

Jeanette Rosman, a recently retired realtor has expressed her support for the compact consistently over the past few years.  She is running against Wayne Blevins in the Flathead District.  Mrs. Rosman typically does not attend the Joint Board meetings, but has attended one or two after announcing her candidacy earlier this year.

What follows is her response to a question asking if she would consider changing her support of the compact if information was presented to her showing her its problems, and another question to provide specifics about why she supports the compact:

 

Mrs. Rosman stated she was unwilling to change her position on the compact.  Although Rosman admits she has not really studied it, she believes that because we live on the reservation we must be willing to work with the CSKT and get along because we are all part of the same community.    She also thinks that our property rights are “different” than others because we live within the historic boundaries of the former Flathead Reservation.

This is quite interesting coming from a retired realtor who very likely sold property to many non-Indians through the years.  We cannot help but wonder if she disclosed her position on tribal property rights vs all others to any of her clients?

During his comments at the forum, FJBC Chairman Boone Cole, a compact opponent, explained his beliefs and the reasons why it is important to fight the compact using whatever means necessary:

Boone Cole:

“We’ve heard it a lot in this last legislature and we continue to hear it, we can’t expect to have the same rights of property ownership because we live on a reservation.  I believe that is patently false.  This is an open reservation.” …..I’m gonna make some statements here that convey my philosophy:

I have as much property ownership rights in my fee property on this reservation, as anyone off the reservation.

I have the same rights under the state  as anyone else.  People may not know this, but the compact explicitly says that title 85 of MCA that deals with irrigation is exempt on the reservation.  It’s just ignored for those that live on the reservation.  That is unacceptable to me. 

Additionally I don’t buy the line that this irrigation project was built for only the benefit of Indians. This irrigation project was built for the benefit of  everyone that lives here.  Communities, not just irrigators.  Read a lot of the documents, there are thousands and thousands of pages, most of which those that are on the board have read, numerous times.   It was Interior’s intent, it was everyone’s intent, that these communities thrive, that Indian and non-Indian alike have access to the irrigation, as benefits of living here. 

Additionally,  on the water rights issue,  I know that’s still up in the air, how that will play out is yet to be seen.  I do not accept that no individuals have water rights here, that all of the irrigation water right is held by the United States in trust for the CSKT.  We HAVE to have some property ownership in that water right.  Some sort of “promise of delivery” is insufficient for me. 

The statement that the tribe’s have time immemorial water rights,  to some extent , that possibly is true, but I don’t believe it’s all the water. 

And unfortunately the only way in our system of government I guess to move forward with a lot of that, is through a lawsuit.  You have to pursue those in the courts a lot of them.  But ultimately it comes down to I believe we have true property rights here the same as anywhere else.  We have a right to be here,  this is an open reservation, there’s enough here for everyone.

I don’t begrudge the CSKT at all for pursuing their rights.  But we have to do the same thing.” 

We would be hard pressed to find anyone, even compact proponents, who wouldn’t agree with what Boone had to say.

Later that evening, Jack Lake, a large irrigator who very vocally supports the compact along with his wife Susan, responded to Boone Cole’s comments:

 

We give credit to Mr. Lake for expressing as honestly as he can his reasons for supporting the compact.  Lake agreed with all of the points that Boone Cole had made.  In spite of his agreement with Boone on these basic principles, Lake went on to express his support of the compact because of his concerns about the cost of litigation and what he perceives to be little or no chance of success in the courts.  What he fails to realize or is willing to overlook however, is that the compact will mean the end of life as we know it in western Montana.

We have yet to find a compact supporter that can provide specifics about the compact that speak to its merits, or that explain why it is a good deal for anyone in Montana except for the United States / CSKT.  Proponents instead speak to their fear of litigation, or their desire to go along to get along.  In other words supporters of the compact hold their positions out of fear and emotion, rather than understanding the facts of what is in the compact.  Supporters do not find it necessary to study the compact to discover its insidious details.  To them, getting a little water is better than the myth that they will have nothing if the Compact isn’t ratified.

It is interesting to note these supporters clearly have a fear of getting nothing from the tribe in lieu of the water compact, yet they still want to “get along”.  The water compact is a price they seem to be willing to pay in order to live in this area of Montana, thereby accepting a slave – master relationship between themselves and the United States / CSKT.

During the water compact hearings in Helena, the pro-compact contingent was very well orchestrated.  They filed through the line one, by one, by one, discussing the view that the compact would bring certainty.  Better to have less water than no water at all.  They also expressed their fear of having to deal with prolonged litigation with the CSKT.

Many of them seem demoralized to the point that while they know in their hearts that their rights are no different than anyone else in the country, they are willing to give them up to the United States / CSKT in return for a “water delivery certificate”, and the opportunity to have all future decisions about their property rights fall under a board that is outside of the laws and constitution of the state of Montana and accountable to no one.  They are willing to be compliant citizens, quietly accepting the tyranny this compact represents for the sake of “getting along.”  After all, they claim, and despite evidence to the contrary, Montana “negotiated this compact on their behalf, and the state has no hidden agenda”.

Supporters of the compact are not only willing to sacrifice their own rights for the sake of the myth of “peace in the community”. But through their efforts,  it is clear that large irrigators who support the compact are also willing to sacrifice the unalienable rights of their neighbors who ARE willing to fight this battle.

Compact supporters also fail to understand that while irrigation is important to western Montana,  there are hundreds of thousands of non-irrigators residing in western Montana whose property rights will also be negatively impacted by this overreaching compact.  In other words this compact is not just about irrigators.  Irrigators do not and cannot speak for all of western Montana.

The CSKT could not have hoped for a better outcome from their aggressive litigation strategy of the past 30-40 years.  Instead of standing with their neighbors against the injustices of this compact, people like Mrs. Rosman and Mr. Lake have become little more than advocates and mouthpieces for the United States / CSKT, happy to accept significantly reduced water deliveries via a “water delivery certificate” that is not a property right, and willing to submit to an unaccountable board for any future decisions about their water needs.

When will these people wake up to realize that the cost of a targeted litigation strategy is far less per acre than the loss in value the water compact will mean to the value of their property?  When will they understand that property rights are inalienable rights that cannot be “negotiated away” in a water compact or willingly given away by anyone?

This brings us to a comment from a tribal elder during compact “renegotiations” in 2014.  We paraphrase:  “I don’t know what is wrong with you people.  We will still be nice to you after we get all the water.”

If what is happening on the reservation is “nice” we would hate to see what life will be like in western Montana if the United States / CSKT were ever to get all of the water.  This is why it is absolutely necessary to fight the battle until we win.

We do not deny that the CSKT have water rights.  However as Boone Cole stated  so well during the meeting:  “they do not have rights to all of the water“.

They also do not have the right to exert control over any private property but their own.

Lake County Ignores FJBC Election Cancellation

©2016 Concerned Citizens of Western Montana

THE IRRIGATOR’S RIGHT TO VOTE IS POWERFUL

For many years, irrigators of the Flathead Irrigation Project thought that their agricultural business and property interests were being fairly represented by their elected officials on the Flathead Joint Board of Control.  Irrigators had faith in the board, the board’s consultant, and its attorney.

In 2012, when it was discovered that these parties had reached an agreement that would reduce on farm water deliveries by 50-70%, relinquish project water rights to the US / CSKT, and place all citizens living within reservation boundaries under a board that was accountable to no one, irrigators used the power of their vote in May 2013 to remove the offending commissioners from the FJBC.   It was used again in 2014 when recalls of two Mission District Commissioners were successful.  The voted out commissioners were replaced with individuals committed to protecting the irrigator’s water rights.

Because of the power held by irrigators, the state found it necessary to circumvent the FJBC to “renegotiate” a compact in 2014 with the same onerous provisions of the water use agreement, but without the input or approval of irrigators.

Since then, supporters of the compact have worked hard to make life difficult for the FJBC, including efforts to discredit their decisions.  Recently there have been a rash of letters to the editor, raising questions about the board’s use of irrigator funds for the defense of project water rights, turnover of project management to irrigators, and the low cost block of power.  Compact supporters would like irrigators and the public to believe that protecting the property interests of irrigators is not an acceptable use of irrigator money.  These same individuals would like nothing more than to restore the board to its former make up of a majority of compact supporters.

However no one could have been prepared for a decision by Lake County to not send out ballots to at least 1/3 of irrigators for the upcoming commissioner elections.  Shortly before the ballots were sent out, Lake County officials decided to  reinterpret and enforce a provision of the law requiring irrigators whose land is held in a trust, corporation, or LLC to have a proxy form on file with the elections office.    No form.  No ballot.  No notice.

This decision not only violated the special elections statutes, but also served to disenfranchise irrigators by suppressing their right to vote for irrigation district representatives.

In the midst of all this chaos, commissioners also discovered that the 2015 elections were compromised because the county did not mail ballots to “out of state” owners of property served by the project during that election, again without notification to the electors.

FJBC CANCELS ELECTION BECAUSE IT IS COMPROMISED

In response to the fiasco created by Lake County’s decision, the Flathead Joint Board of Control voted to cancel the election last Wednesday afternoon.   A reasonable person would think that the county would accept the cancellation and work with the FJBC to plan an uncompromised election sometime in the future.

LAKE COUNTY REJECTS FJBC CANCELLATION

But those of us living in Lake County forget that we are living in the TWILIGHT ZONE.  Lake County has refused to accept the cancellation notice , stating that the Flathead Joint Board of Control lacks standing to cancel an election, and is planning to proceed forward with the election in spite of the flawed process, and large number of disenfranchised voters.

FLATHEAD JOINT BOARD RESPONSE

This morning, the Flathead Joint Board submitted this letter to the county, stating once again the reasons for the cancellation and giving them notice that the Joint Board will not honor the result of this election should the county proceed with it.

The ball is now in the county’s court.

WHAT CAN IRRIGATORS DO? 

If Lake County chooses to dig in its heels instead of working cooperatively with the FJBC to resolve the election fairly, it is possible that this issue will need to be resolved in the courts.

Let’s be clear: Lake County officials are entirely responsible for this fiasco and it is their responsibility to ensure a fair and clean election.

Because of the confusion caused by Lake County officials, let your conscience be your guide as to the instant election.  However, if you plan to vote, and in order to ensure that each irrigator is prepared for the next election, whenever that may be called, it is critically important to take the following steps now, to ensure that you will have your vote:

1. First, verify that for this year, you received a ballot for every parcel of land you own that is served by the FIP. We are getting feedback that this problem may extend beyond the issue of trusts and corporations.  If you have not received your ballots for ANY of your parcels of project land, we ask you to document this information for your records.  It will be helpful for the Joint Board’s records too.  Note: This step only applies to the Mission and Flathead Districts because no ballots were mailed in the Jocko district due to uncontested elections.

2. If you  did not receive a ballot for every parcel of land you own (in the Flathead and Mission Districts), contact the elections office at 883-7268 to determine the reason why your ballots are missing.

3. Complete the required proxy form if necessary – If the reason for a missing ballot is that you reside out of state or have your property designated as a trust, partnership, or corporation, it will be necessary for you to complete this form, have it notarized, and take it directly to the Elections Office in Polson to get your Ballot for the parcels in question. The elections office will give you the ballots upon receipt of the form, and if you so choose, you can vote your acreage at that point in time.

Note:  It is recommended that you complete one form that lists all of the parcels you own that are in question.

4. For landowners who did not receive a ballot for lands that are owned by an individual, but who want to vote, because of the county’s May 3^rd deadline, we recommend you drive to the election office to receive your ballot and vote it while at their office.

5. For anyone who did not receive a ballot who would like to file a complaint with the Montana Secretary of State, click on this link to do it electronically.

6. Contact the Flathead Joint Board of Control with questions at 745-2090 or check their website at http://www.flatheadjointboardofcontrol.com/.

SUMMARY

We began this post by discussing just how powerfully irrigators have used their vote to make sure their water and property rights are protected.

Irrigators know it and so do proponents of the compact.

By all appearances it seems that outside forces are once again trying to work against irrigators to accomplish an agenda that most irrigators do not agree with, and to stop efforts by the Joint Board to protect the irrigation community’s interests.

This is a travesty and speaks to the corruption that seems to permeate throughout Montana.  Irrigators and non-Irrigators alike no longer have the luxury of voting people into office expecting these officials to do the right thing.   As many of you know, our county government has not been our friend in the water compact battle.  To the best of our knowledge they continue to support the water compact as it is written.   We must remain vigilant, and speak out when these types of injustices occur.

We ask each irrigation project landowner to document any missing ballots and take steps to make sure that your voice is not stifled in this election, or any other.

FJBC Commissioner Election for May 3rd Cancelled

©2016 Concerned Citizens of Western Montana

Note:  Official FJBC Notice about the elections can be found at the bottom of this post.

In an interesting turn of events, yesterday afternoon the Flathead Joint Board of Control voted 9-2 to cancel the Commissioner Election scheduled for May 3rd of this year.  At the meeting, the attorney for the Joint Board explained to the public a chain of events that left them with little choice other than cancellation:

As you folks may all be aware of, irrigation districts are basically special purpose districts under Montana Law, and they are subject to Montana election requirements.  In Montana, private property owners whether they be corporations, individuals, etc. all have the constitutional right to vote, and the right to vote in your district elections. 

In this upcoming irrigation election for districts,  Lake County this year I guess, undertook a different reading of the statute 85-7-1710, and that statute relates to qualifications of electors and  the nature of voting rights.  Now there were a number of changes in 2015 during the legislative session that pertain to the election laws, but there have not been any changes to this law since 2013. 

In sum, the county took the position that entities such as corporations, partnerships, trusts, LLC’s, any type of entities of those natures must execute affidavits or proxies that demonstrate that the agent that is voting has the authority to do so.

Generally under Montana law the election administrators are responsible for administration of the procedures related to registration of the voters and the conduct of the election.  We understand that these affidavits were placed on the county website at some point in time.  But there was no further notice actually provided to electors regarding that change and that requirement. 

Also what we’ve learned this week, was that the county determined not to mail out ballots to these entities, unless or until they receive an executed affidavit back from the elector.  And we understand that this translated in essence to about 100 ballots not being mailed out to voters, actually it was 800.  So 800 ballots did not get mailed out.    

There is no authority under the statute to withhold those ballots, under these circumstances or otherwise.  Our office and the board recently learned that these electors have not received their ballots and the county confirmed yesterday that the ballots had not been mailed out at the same time as the ballots were mailed to the individual property owners. 

Now that creates a pretty significant problem because under Montana law, all ballots must be mailed to electors on the same day.  It’s a statutory requirement, MCA 13-19-207-2, and that didn’t happen here.  Further under Montana law, ballots for special purpose districts, such as the irrigation district here, have to be mailed no sooner than 20 days and no later than 15 days before the election date, which this year is May 3rd.  So in doing the math, we are at less than 15 days from the date of election right now, without those ballots having been mailed out. 

Montana allows the governing body or the board to cancel the election for any reason specified in law.  It also requires that elections for special purpose districts to fill a special purpose district office must be held on the regular day as the school election which Montana law defines as the first Tuesday after the first Monday in May.

We undertook a review of this and the statutes are clear on their face.  With that, we walked through this analysis and the statutes yesterday with Lake County attorney Wally Condon, who concurred that our only viable option at this point is to cancel the election.  We’ve got nearly 800 voters here that are being deprived of their right to vote in this election.  Montana law requires you to mail them out on the same day, that did not happen, and it also requires that they be mailed between the 15 and 20 day time frame and it is physically impossible at this time to accomplish that so based upon our review, concurred with by Lake County attorney Condon, it is our opinion that the only practical option is for this board to cancel the election.

The Joint Board of Control is now in the process of considering its options for the fall out of this mess, including the costs associated with the cancelled election and the their next steps with respect to commissioner positions that were to be part of this election cycle.

During the discussion that followed, it was also noted that the 2015 elections were also compromised because the county did not mail ballots to “out of state” owners of property served by the project during that election, again without notification to the electors.

We will update you as soon as we know more about the board’s plan going forward.  You can also visit their website for information concerning this issue.

UPDATE:  THIS JUST IN FROM THE FJBC:

Attention Irrigators and Interested Public. 

In a 9 to 2 vote on April 21, 2016, the Commissioners of the Flathead Joint Board of Control of the Mission, Jocko and Flathead Irrigation District(s) voted by majority to cancel the current Irrigation District Election due to unintentional but verified violations of Montana State Election Law by the Lake County Elections Office (Polson, Montana) and partnering departments.

The FJBC Commissioners and Legal Counsel will continue to work with Lake County (Polson, Montana) Officials to review options for possible rescheduling if allowed by Montana Law.

The FJBC Commissioners recommend that those irrigated, fee-land parcels required to complete designation of voter documentation provided by the Lake County Elections Office (Trust, Corporation, LLC, Multi-party Ownership) complete and submit as previously requested. Completion of such documentation will expedite the voting process if and when rescheduled.

Our office will continue to provide updates as additional information is obtained. Please ensure that you have subscribed for email correspondence and update through our website. Thank you for your kind attention and patience in this matter.

flatheadjointboardofcontrol.com

 

 

Irrigator Election Results

The Flathead Joint Board of Control Commissioner election results are in.  With this election, the makeup of the board shifted to include one more opponent of the compact, Dean Brockway who replaced Kerry Doney.

Please be sure to continue to support the joint board commissioners and their efforts to:

1) Restore control of the project operations and management to local irrigators
2) Get involved concerning the pending tribal takeover of Kerr Dam
3) Address the very aggressive tribal lawsuit from February of 2014, and
4) Continue to fight the egregious water compact using whatever means necessary to defeat it

These men are committed to protecting the water and property rights of irrigators whose lands are served by the Flathead Irrigation Project.

Vote Counts are as follows:

Mission District

5,358  Tim Orr *
4,061  Tom Pavlock

Jocko District

2,534  Dean Brockway **
1,244  Clark Matt

Flathead District

31,709  Dick Erb ***
23,526  Wade Shepard

*    Tim Orr, compact opponent, was officially elected to fill the position he was appointed to fill in 2014, after the recall of Jerry Johnson and Paul Wadsworth.
**  Dean Brockway – compact opponent replaced Kerry Doney compact proponent
*** Dick Erb compact proponent replaced Trent Coleman Compact proponent

How to Subvert House Rules and the Montana Constitution in Under 40 minutes

Please reference video excerpts from the Montana legislative session to show exactly how the Democrats and RINO’s subverted the legislative process in order to pass SB405 Buttrey Care and SB262 the Chas Vincent Water Compact.

Both bills served to advance Steve Bullock’s agenda.  Time will tell what promises were made, and which might be broken.