Erin, Erin, Erin. I will defend your right to speak freely and say what you wish, but can you at least get your facts straight? In your last letter (dated 5-19-15) you state that you have paid for 30 years and will own the pipeline free and clear. Take the time to look up MCA 85-7-2102, 85-7-2107, 85-7-2114 and when you are done with those, look up MCA Special Tax Districts, Section 4. Read them carefully and they will explain that the structure that you have paid on for 30 years became part of BRID’s infrastructure when it was placed in the ground. You and I just paid the loan, BRID keeps the pipeline. That is the way it works.
Next you say the easements don’t prove ownership. You are right, they do not show ownership of the land, but they do show rights of ownership to the pipeline. Why would BRID need easements if the pipeline was yours? BRID would have put the pipeline in the ground and walked away. If you had looked up the requirement of an Irrigation District, BRID is required to have easements for delivery of water to water users and they are allowed to place structures on the easements (BRID-owned structures) to help with the delivery of water. So, BRID has the easements, BRID put the pipe in the ground on the easement, BRID is required to maintain the pipeline and the easements, you don’t own the pipeline as it is part of the BRID’s infrastructure, you and I paid for it, but, “BRID owns it.” That is the way the world works, that’s the way Montana water law works.
And lastly, Erin, the Three Mile area can’t be “acquired.” How can you acquire something you already own? The Three Mile area was certified as being part of BRID in 1923 under the original charter signed in District, Ravalli County. BRID has complied with all court ordered rules of ownership and has exercised rights of ownerships upon the easements and the pipeline. Erin, if Three Mile was not part of BRID, how have they been able to tax us all these years? If we were not part of BRID, why did BRID write policies and by-laws just for Three Mile? You don’t see BRID taxing Missoula, Victor, Plains, etc. The Three Mile water users have no reason to become a sub district. We are, have been and will always be part of BRID. A sub district is BRID’s attempt to “not” live up to BRID’s responsibility to the water users of Three Mile.
Erin, I urge you to rescind you petition ballot to become a sub district. You have paid for 30 years for the pipeline, why do you need to pay any more? You have done your part, make BRID do their part. The Three Mile water users are part of BRID now and are not required to become a sub district BRID. This whole sub district thing is one big scam. Please get your facts straight.
Shane Brooks
Stevensville