By Ed Sperry, Colonel USAF (ret), Stevensville
I want to express some thoughts about the proposed CSKT Water Compact. I’ll be very frank, politically incorrect, and frankly hope to stir up some argument before it is too late. I have no depth of knowledge in water management. But I am aware that water is the most prized resource of all.
I’m confused. The stated purpose of the Compact is “To preserve and protect the Tribes’ aboriginal and treaty-guaranteed fishing, hunting, trapping, and gathering rights.” Where does it say anything about water? Have the Tribes been harmed in any way through errors in water management which impact these rights? News to me; I’ve sure never read or heard about it.
Do the Tribes want a say in the management of the streams in the Bitterroot Wilderness? Have the Feds screwed up in some way? Surly they don’t need Indian help in management of the wilderness? Maybe the Tribes’ intention is to eventually have folks like you and me buy a tribal fishing license to fish in “their” stream or lake. That will be a cold day in hell! Seriously, there’s got to be some motivation for this effort to gain control. Surely it’s money. Perhaps we are a party to one of the greatest thefts in history.
I understand that the Tribes have agreed to not exercise their claims off the reservation. This move on their part sounds great; we can all relax. Look out! I hear that this offer was made under conditions of WITHOUT PREJUJDICE. I think that means they can change their minds tomorrow.
I’m a small land owner; only 6 acres with 2 wells and a house. All this was acquired over the years under applicable Montana laws. Is some Indian someday going to tell me how to manage my water? We’re all too darned managed now! Is the value of my property going to suffer as this Compact is implemented and enforced? Does someone hope to put meters on my wells? It seems this whole legal political exercise has been done with a cover of assumed endless guilt, and legalese about treaties.
A haunting thought keeps coming to mind. Is it possible that the Tribes are the innocent tool of some federal, ever expanding agency? Specifically, are some bureaucrats hiding in the deep state diddling with my rights?
One final concern is about the apparent agreement to accept the Compact in order to avoid a barrage of lawsuits. I thought lawsuits need a basis in HARM. Where is it? The claims must surely all be basically the same. It would seem any one of the threatened lawsuits could be used to settle things. Why not get a decision on one, if its pro tribe, then appeal to the Ninth Circuit Court of Appeals. After that court screws us (which is almost certain), then go to the Supreme Court to settle things for keeps. It may well turn out that the Tribes are stretching their sovereignty beyond established limits. If they win this one be assured the move will go nationwide.
In closing, where is our political leadership? Finally, I have to admit Indians make great lawyers.