Landowners losing rights to water
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Editor,
If you cede, relinquish or convey your right, title and interest in some property you claim to own (at the time), how is it that 150 years later, your 7,000-plus descendents can re-claim control over said property through a granted right of use, in common, with about 900,000 other people — while denying those 900,000 actual property owners (as represented by the state and individual title) any say or control over said property? I’m just asking, because it seems outside the realm of common sense and reasonable logic to me, legal or otherwise. It’s a very interesting concept that appears to elude any conversations concerning “off-reservation” fishing and consequent (or resultant) “in-stream” flows nowadays.
Now, there’s a magic word: in-stream flows. Did you know that in-stream flow equals “time immemorial” control? How convenient. Time immemorial’s Encarta definition is “so old that it seems always to have existed.” What a concept — a right to something that dates back to the creation of the universe. That kind of puts a unique spin on the date-stamping of senior water rights – and that’s what the CSKT and the BIA and the U.S. Department of the Interior and the Montana State Water Compact Commission are telling us that the CSKT have for pretty much all of the water in Western Montana, now that they have found a quasi-legal method of wheedling their way back into control of land they ceded, relinquished or conveyed to the United States of America back on July 16, 1855 – a neat magician’s trick. Actually, an even better hypnosis technique: you’re feeling sleepy; your eyelids are getting heavy; relax your body; and just let go; this won’t hurt at all; trust me.
Is anyone paying attention? You are about to lose any and all rights to the water of western Montana, and eventually, everywhere within the continental U.S., this trick will be duplicated by every reservation across the nation, if successful here. Keep your eyes on the spinning watch. Our “blue gold” is about to be transferred from our banks to some offshore accounts.
Michael Gale
Ronan