DIVERGENT BY DESIGN: SALISH--KOOTENAI INDIAN WATER COMPACT . . . YOU CAN'T BEAT THE HELLGATE TREATY OF 1855, FOR A PERFECT COMPROMISE, JUST THE WAY IT SHOULD BE--BOTH SIDES GIVE UP SOMETHING & BOTH SIDES GET SOMETHING, PERFECT, ALL YOU NEED IS TO GET THE TRIBES TO QUANTIFY THE AMOUNT OF WATER, THEY THINK OR PROJECT THAT THEY WILL NEED, BASED ON A REALISTIC ANTICIPATED GROWTH, FOR THE USE AND BENEFIT OF THE INDIAN NATION, AS PERTAINS TO THE FLATHEAD WATER COMPACT. THE FURTHER, IN HISTORY, YOU GO BACK, TO MORE FAIR, CLEAR, AND CONCISE THE TERMS OF THE AGREEMENT ARE . . . YOU SIMPLY CAN'T IMPROVE ON THE TREATY, NOR SHOULD YOU, STATES, UNDER THE CONSTITUTIONAL TREATY CLAUSE, CAN'T MAKE CONFEDERATIONS, TREATIES, OR ALLIANCES . . . ONLY THE UNITED STATES HAS JURISDICTION TO DEAL WITH OTHER NATIONS, AND THE INDIAN NATION, WHILE HOLDING CITIZENSHIP, IN BOTH NATIONS, IS CONSIDERED A SEPARATE NATION, AND IS THE JURISDICTION OF THE U.S., MONTANA CAN'T, CONSTITUTIONALLY, MAKE AN AGREEMENT, EVEN THOUGH IT HAS IN THE PAST! ABOUT 18 TIMES!

Not Born Under a Rock, Yesterday, On This Issue

Yesterday, I read about the procedural conflict between Pam Holmquist and Gary Krueger, both county commissioners, about the cancellation of the water compact meeting, that was to be held on Tuesday night; however, due to the large amount and size of the possible interested members of the public, interested parties, and with a turn out from the Native American population, effected by the compact, Ms. Holmquist, originally postponed the meeting until November 7, 2014, but when the Fair Grounds Expo was available, where I was at 9:00 a.m., this morning, and the meeting was not, it happened at the county courthouse complex, not the fault of anyone, but myself.  I didn't have time to finish the article, yesterday, so I stuck the newspaper article in my purse, not well, mind you, but it was in there, and at 4:00 a.m. when I awoke, thanks to one pesky little kitten, I could not find the newspaper article, I had yesterday, so it was anyone's guess where the meeting was to be held.  At first, I was going to go to the courthouse, having never been there before, but then I thought, the Fair Grounds are right here, and I might as well, just gamble and try this first, then adapt, if it is not going to be held here.

Complex Regional Pain Syndrome . . . Fresh Hope, In Old Buffalo Skins!

With only 15 minute public comment, I knew it was going to be a long shot, to get from on momentary meeting house, to the next and not just miss the whole damn thing.  A fair grounds, onsite, manager, a cop, a few elections workers, and some early voters, were hanging around, but there was not a large crowd, but, given the challenge to the move of the meeting, I thought, we might get lucky and only have 5 people, who can actually, split the 15 minutes, comment on Gary's letter to the Governor, who seems to believe that all sides can be made happy, which I tend to agree, but the attendees, could each get a whole 3 minutes to comment . . . this time allotment reminds me of testifying at the Montana Legislature, with barely 1 to 2 minutes, which, I am proud to say, I stuck to, the most brief, I have been in my life, but, hey, getting scalped with 200 pissed off Indians, and about that same number of ranchers, who were willing to use their entire worth of the fortunes they had amassed over the years, to fight for their waters rights, on the Flathead, may, have been encouraged, equally, to hang this constitutional law attorney, with the Hellgate Treaty, being a perfect compromise, that both sides, both win and lose, with . . . and likely with me caught in the middle, having written and researched on the water compact, and analyzed it from both a Montana and United States Constitutional perspective.

An Agreement, Compact, or Contract, Which a Treaty is, Has to Have Consideration on Both Sides, Something of Value Trades . . . and It Cannot Be Considered, Unconscionable, or Patently Unfair, so as to Shock the Conscience!

Nobody, gets everything they want, and nobody gets nothing!  I find that the closer you get, on the age of the document, in compared to the U.S. and state constitutions, the more pure, the more accurate, and the better, and more likely, that you are interpreting the intention of not only the original states, and signers, but what both parties, at the inception of things, like treaties, actually pulled off, making everyone happy, until, things needed to be renegotiated, or looked at through new, younger eyes, down the road, having lost the original intent, the history, and even sacrificing the plain language of the treaty . . . which is magnanimous in my educated impression, having studied the issue, researched the intent of the legislature to lay this water rights issue to rest, back between 1973 to 1983, giving ample due process to record with your respective county recorders, your allotted water rights, either by purchase, inheritance, nationality, indigenous nature, and as a matter of law; 10 years recording time, is plenty of notice and the right to be heard.  Nobody, can sit on their water rights, or any property right, for that matter . . . and the Montana Legislature, the law making body in the state, made it clear, that the statue applied to Indian and non-Indian alike, or to any organization, that represented the Tribes, as in the Bureau of Indian Affairs.  So, as per that, there is not excuse, not, all that needs to be done, is to quantify, the water necessary for the Tribes, to enjoy the use and benefit of the land, which needs water for current use, and includes future grown and need, as might be anticipated, in the near future . . .  

The Indians, ceded their land to the United States, in exchange, reservations were set up, for the use and the benefit, of the Tribes, with fishing rights, to fishing holes that had been favorite, and used spots either on or off the reservation.  There were monetary expectations, promised schools, housing, etc., and the water needed for these buildings, as well as provisions for future growth.  And if you actually read the Hellgate Treaty, look up the terms, put it in in the context of history, the body count, and the possibility of the extinction of an entire nation, or indigenous people, with a long history on the land, giving that up, in exchange for peace, support of the U.S., and fiscal care and responsibility, but, still with oversight from the President of the United States, who can make some changes, if needed, it was a pretty good deal, if everyone lived up to their agreements, the treaty, and the compromise . . .  given the limitations, the terrible cost of lives, the new young nation, and the need for these warring nations to get along, all was worked out in fairness and in a manner, in which, the treaty was good for, centuries, and still is!

That's All I Am Going to Say . . . I Missed the Meeting, But, You Can Look Up a Total Analysis on the Hellgate Treaty, I Did, Last September, I Think, On My Blog a YEAR Ago!

Governor Bullock, I Agree, Both Sides, Can Stop This Current War, Follow the Treaty, and Quantify the Waters for USE & BENEFIT!