Montana Has Misplaced Its Water Rights


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This text covers the appropriation of Montanans’ water rights by the federal authorities within the title of the CKST (Confederated Kootenai and Salish Tribes). Superficially, the federal authorities is upholding the rights of the Indian Tribes to assert all floor and subsurface waters of the western one-third of the state of Montana. In actuality, the federal authorities is taking a 170-year-old treaty, increasing its that means, and utilizing it as a device to commandeer everybody’s water.

Whether or not you reside in California or New York, the explanation that is vital must be apparent to you.

Authorities overreach has develop into a lifestyle. The paradigm has shifted, and now, folks barely bat an eye fixed when the federal government steadily removes the rights enumerated below the Structure. As we speak, it could not matter to you as a result of that is taking place in Montana. Maybe it would matter when the federal authorities involves commandeer your consuming provide, crops, arable farmland, and so on. 

The Hellgate Treaty of 1855 was the doc used to create the Flathead Indian Reservation. The treaty (below Article III) stipulates that the tribes have the “proper of taking fish,” and this proper refers to waters, not on the reservation.

The enlargement of this doc has been used as “justification” to confiscate the water rights from 11 counties within the state of Montana. Apparently, Article I of the treaty features a ceding, relinquishment, and conveyance by the tribes all rights of possession over any waters or property, besides what’s on the reservation.

So as to “guarantee the standard” of the place the tribes fish, the water rights in these 11 counties should be positioned below tribal authorities to be administered by the federal authorities.

The state of Montana enabled it.

Again in 2015, when this primary surfaced, the Montana State Legislature (the Senate) voted to push the Compact ahead and “re-interpret” it.

The solid of characters on this charade contains the EPA (Environmental Safety Company), the DOJ (the Division of Justice), the BIA (Bureau of Indian Affairs), the IRS, and the Treasury Division. The Water Compact Fee was fashioned in Montana with deep ties to and directives from the EPA. The Division of the Inside (the “umbrella” group holding the BIA) will acquire the revenues and “handle” them for the tribes. DHS (the Division of Homeland Safety) will implement compliance.

All water sources, non-public and public, standing or operating, wells and aquifers, will likely be metered, and taxes will likely be collected.

A latest prime instance was the John Warner Protection Act of 2006, including its weight to the NDAA (Nationwide Protection Authorization Act). They declared the U.S. part of the worldwide “battlefield” within the “international struggle on terror.” In essence, they negated posse comitatus, the availability that disallows the deployment of federal troops on U.S. soil. It additionally negated the Nationwide Guard as a “verify and stability” of the states in opposition to a tyrannical federal authorities.

By appointing a senior member of the Nationwide Guard to the Joint Chiefs of Workers, basically, the federal authorities “federalized” the usage of Nationwide Guard troops. As you’ll be able to see, it went loads additional: APCs (armored personnel carriers) and navy weaponry filtering all the way down to cities and even small cities. Gone are the times of Norman Rockwell work of cops taking part in stickball with neighborhood children within the streets. Gone are the times of “Officer Pleasant,” whose job it was to guard and serve the residents.

The police departments weren’t meant to function protectors of company pursuits or because the “strong-arm” enforcers for politicians. Up to now few a long time, we’ve seen the whole militarization of the police departments, in addition to companies that had been by no means designed as such…the US Postal Service and the IRS, to call a couple of. 

I’ve included the notification despatched by the U.S. Division of Justice to your perusal. You may see it for your self and analysis it additional. It covers all the land and the counties affected. Though there are scheduled hearings on this to happen in December, it’s just about a performed deal.

You can read it here: Water Compact Information

The overarching situation right here is that the federal authorities can use any pretext they want to seize no matter they want. We don’t stay below the rule of regulation. If that had been the case, then the legal guidelines could be relevant to the rulers, in addition to we, the topics.

We stay below the colour of regulation, and whether or not we want to admit it or not, we’re nothing greater than serfs. Barely above the extent of slaves, we have now to eke out meager existences and be taxed on each single cent, from beginning to loss of life…and past. Feudalism has been reborn, with the monarchy now supplanted by elected officers and oligarchs. Additionally they play the a part of the land barons, shrinking the cages of the populace by the day.

They already “handle” many of the United States.

Extra public land is “held in belief” by the federal authorities than ever earlier than. Held hostage is a greater description. Liberty and justice for all? No. A greater slogan: What’s in your pockets?

That is all part of a bigger agenda: the whole takeover and subsequent destruction of the US of America. Economically, culturally, and morally, we’re long gone our peak as a nation. The rulers of this nation are making it that approach, each immediately and not directly. 

So, this unhappy drama is nearly performed out right here in Montana, and it bears relevance to the remainder of the nation.

It’s only a matter of time earlier than we’re all below the identical yoke of tyranny, it doesn’t matter what state we stay in. Solzhenitsyn warned of such instances, as did Orwell and others. The federal authorities has usurped management over Montana’s water provide. It received’t cease there. It’s only a matter of time earlier than we discover out what state is subsequent on their checklist.

Let’s shut with an outdated Montana saying: “Whiskey’s for consuming and water’s for preventing.” 

What are your ideas on the water rights scenario in Montana? Do you assume this can unfold? We welcome your feedback and enter.  

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About Jeremiah Johnson

Jeremiah Johnson is the nom de plume of a retired Inexperienced Beret of the U.S. Military Particular Forces.  Mr. Johnson can also be a Gunsmith and a Grasp Herbalist.  He graduated from the Particular Forces course at SERE (survival, evasion, resistance, and escape) College, and is an professional in small unit techniques, survival, and disaster-preparedness.  He lives in a cabin within the Rocky Mountains of Western Montana.



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