GODBOLD. BRUTE FORCE. RAMPANT. MOBILICIOUS . . . FROM SENATOR TED CRUZ SAYING WE DON'T WANT LA COSA NOSTRA RUNNING THE WHITE HOUSE IF TRUMP GETS NOMINATED, GENERAL ELECTION, DON'T THINK IT WILL EVER HAPPEN, TO THE ATTORNEY SPEAKING AT THE UNIVERSITY OF MONTANA, INDIAN LAW WEEK LUNCHEON, YESTERDAY, GIVING AN ENTIRELY BIZARRE AND UN-TREATY LIKE DEFINITION OF WHAT THE CEDING PROCESS WAS, AFTER THE AMERICAN INDIAN WARS, PRETENDING THAT THE RESERVATIONS WERE ALREADY MARKED OR IN PLACE, AND IT WAS ONLY THE AREA SURROUNDING THE RESERVATION LANDS THAT WAS CEDED? WHAT THE FUCK? AH, THE INDIANS, WHILE SAVAGE AND BRAVE, BLOOD THIRSTY, AND HAVING DEFEATED CUSTARD AT BIG BULL, OR WHEREVER, CEDED ALL LAND TO THE UNITED STATES GOVERNMENT, AS SEEN IN THE FACT THAT WHILE THE INDIAN NATION, IS A NATION WITH IN A NATION, THE UNITED STATES GOVERNMENT STILL HAD JURISDICTION OVER THE INDIAN NATION! IN THIS PEACE TREATY, THE LAND WAS CEDED, THEN THE RESERVATION WAS CREATED, LOOKING AT THE LANDS THAT THE INDIANS HAD MOST USED AND OCCUPIED, THEN BOUNDARIES WERE DRAWN; HOWEVER, AS FAR AS WATER RIGHTS, FISHING IN IMMEMORIAL FISHING HOLES, AND OWNERSHIP OF THE WATER IN MONTANA, WHILE BECOMING A STATE AFTER THE HELLGATE TREATY OF 1855, AS EVEN MORE PROOF, TO SUBSTANTIATE THE FACT, THAT STATE CONSTITUTIONS ARE LIKE CONTRACTS BETWEEN THE U.S. AND THE NEW STATE, ALL WATER WITHIN THE STATE OF MONTANA, GROUND WATER, SURFACE WATER, SPRING WATER, ETC., BELONGS TO THE STATE, WITH A WATER RIGHT, UNLIKE A PROPERTY RIGHT, IS BASED ON "USE AND BENEFIT" OF THE LAND, TO BE RECORDED IN COUNTY RECORDER OFFICES . . . USE IT OR LOSE IT! THE RESERVATIONS ARE NO DIFFERENT AND INDIANS, THE BUREAU OF INDIAN AFFAIRS, WERE ALL SUBJECT TO THE RECORDING PERIODS SET FORTH IN THE MONTANA LEGISLATURE, UNDER WATER RIGHTS, DATING FROM 1973 TO 1983, SO TO SAY, THAT THIS FIRST IN TIME, OR TIME IMMEMORIAL APPLIES TO ALL ABORIGINAL WATER IN MONTANA OR AMERICA IS WRONG, AND "BRUTE FORCE" TACTICS, SO RAMPANT, IN FEDERAL GOVERNMENT ACTIONS AND IN OTHER AREAS! I HAVE REFERRED TO THIS NEWLY CREATED ENTITY, WITH A MANTRA OF JUST RAM IT DOWN THEIR THROATS, WHETHER THEY LIKE IT OR NOT, AS THE SUPER MOB, WHERE THE LINES OF DEMARCATION BETWEEN LAW ENFORCEMENT, THE MAFIA, STATE ESTABLISHED CHURCH POWER, LIKE 70% IF THE FBI, CIA, NSA, AS A VIOLATION OF THE CONSTITUTION, FIRST AMENDMENT, WHERE CONGRESS CAN'T ESTABLISH A RELIGION . . . WHAT DOES IT LOOK LIKE, IF 1% OF THE AMERICAN POPULATION IS MORMON, AND 70+, WITH CIA, 30,000 NSA SPIES MORMONS BECAUSE OF LANGUAGE SKILLS, THE GOVERNMENT BECOMES AND AGENT OF A CHURCH, AND THIS SUPER MOB, STARTS, TAKING APPLE DOWN, NOT THROUGH BRILLIANCE OF COURT ATTORNEYS, BUT THROUGH "BRUTE FORCE" AND TRUMP MAN-HANDLES THE PRESS, USING BRUTE FORCE ON THEM, IF THEY STEP OUTSIDE THE PRESS ZONE? GOOD MORNING AMERICA, WAKE UP AMERICA! REMEMBER THE MOVIE JOHNNY DEPP WAS IN, RECENTLY, "BLACK MASS" PLAYING BOSTON MOBSTER, WHITEY JAMES BULGER, ONE OF THE MOST NOTORIOUSLY VICIOUS GANGSTERS, LATER DISCOVERED TO BE ON THE FBI PAYROLL AS AN INFORMANT FOR 25 YEARS, CODDLED AND PROTECTED FOR THAT TIME, ORDERING HITS, OR THE CIA HAVING HAMMOND KARSAI, FORMER PRESIDENT OF AFGHANISTAN, BROTHER, THE LARGEST OPIUM DEALER IN THE WORLD, ON THEIR PAYROLL FOR 10 YEARS! NEW ATTITUDES OF "BRUTE FORCE" SEX, ANAL SEX, AND IF YOU DON'T AND REJECT SOME ASSHOLE'S ADVANCES, EVEN AFTER ONE DATE, HE IS GOING THROUGH "BRUTE FORCE" TO DESTROY YOUR LIFE! THANK GOD, WISCONSIN, STARTED TURNING THE TABLES ON THE PRESIDENTIAL BID THAT IS POWERED BY BRUTE FORCE, TRUMP, AND MAKING HIM, EARN HIS PRESIDENCY, RATHER THAN HAVING THE PRESS CUT A CLEAR PATH FOR HIM, BY GIVING HIM $2 BILLION OF FREE PRESS TIME, 23 TIMES WHAT SENATOR BERNIE SANDERS, HAS BEEN GIVEN, WHO WON, 7 OF THE LAST 8 STATE PRIMARIES OR CAUCUSES! I LOVE THE FACT THAT A THOUSAND BERNIE SANDER'S FANS SHOWED UP OUTSIDE, CNN STUDIOS, IN PROTEST OF THIS FACT, WHILE CNN WAS SHOWING A COUPLE WHO HAD A BEDROOM IN A SHARK TANK, SYMBOLIC OF TRUMP! THIS IS A CREEP THING, BRUTE FORCE, IS SOMETHING THAT ISIS IS USING, ARE WE IN AMERICA GOING TO ALLOW THIS FUCKED UP, FORCE TO EXIST? WE PUSHED IT BACK IN FERGUSON, IN CHICAGO, IN WISCONSIN, AND THEN MARYLAND, IS RIGHT BACK ON THE CUT THE PATH TO THE WHITE HOUSE FOR SOMEONE, WHO HAS VIOLATED EVERY SEGMENT OF THE POPULATION, EXCEPT, WHITE, RICH, CRONIES, AND WE ARE GETTING SICK AND TIRED OF POWERFUL MEN, PROTECTING POWERFUL MEN! ELIMINATE HATE--LOOK AT BRUTE FORCE TRAUMA, LIKE "BLUNT FORCE TRAUMA" OFTEN THE CONDITION OF MANY MURDER VICTIMS, WHO ARE BATTERED AROUND THE HEAD, CAUSING THEIR DEATH . . . WE SHOULD, MAN-HANDLE THE BRUTES AND FORCE THEM BACK WITHIN THE CONFINES OF THE UNITED STATES CONSTITUTION, TAKE THEM OUT, MAKE THEM PAY, WHETHER IT IS THE "A LISTERS" ON THE PANAMA PAPER LIST OF TAX EVADERS, WHO USE MORE POLICE PROTECTION FOR THEIR 16 HOUSES, THAN I DO FOR MY BACKPACK! THEIR COMPANIES, TAKE MORE TIME BY THE EPA, OSHA AND ENVIRONMENTAL PROTECTIONS, ALL THEIR "MORTGAGE BACKED SECURITIES" NEED MORE REGULATING . . . I LOVE IT, THE FEDS FINALLY TOOK IT TO GOLDMAN SACHS TO THE TUNE OF $5 BILLION TO PAYBACK FOR THE SECURITY VEHICLES THEY SOLD MANY, MANY TIMES TO BILK INVESTORS AND HOME OWNERS, OUT OF BILLIONS, PROBABLY FAR MORE THAN THE FINE, BUT THAT IS A START, FUCK, I WOULD HANG "THE TOP TEN MOST WANTED" WALL STREET CEO'S WHO NOT ONLY CREATED THE MELT DOWN IN 2008, BUT BENEFITED AFTER THEY GOT TARP MONEY AND OTHER FEDERAL TAX BREAKS AND SUBSIDIES TO FIX THEIR INSTITUTIONS, THAT WERE, ACCORDING TO HANK PAULSON, FORMERLY OF GOLDMAN SACHS, "TOO BIG TO FAIL" PADDING THE POCKETS OF HIS BUDDIES AND GIVING THEM GOLDEN PARACHUTES, TO LAND SAFE AND SOFT IN THE MANSIONS OUR TAX PAYERS, SUBSIDIZE TO PROTECT, BOTH THROUGH LAW ENFORCEMENT BUDGETS, AND THROUGH MILITARY, NATIONAL SECURITY, WITH FAR MORE AT STAKE, THAN, SOMEONE LIKE ME HAS, OR THE AVERAGE TAX PAYER! DISMANTLE, PROTEST, GO AFTER, PROSECUTE, INCARCERATE THESE FUCKING CRIMINALS! WE ARE COMING AMERICA, WORLD! GOD BLESS AMERICA . . . I WAS GLAD TO SEE A VIDEO LAST NIGHT, THAT A HUGE ASS AMERICAN FLAG, WAS PINNED UP BEHIND TRUMP AT HIS RALLY, RATHER THAN THE 6 OR MORE SMALL FLAGS . . . WITH UNITED PRINCIPLES, EFFORTS, JUSTICE, FAIRNESS, WE STAND, DIVIDED, WE FALL! GOD BLESS AMERICA! GOD BLESS THE WORLD! KISSES, HUGS, LOVES . . . OF COURSE, DO ALL THIS IN A MANNER OF CIVIL DISOBEDIENCE, NON-VIOLENT AND LOVING WAY! LOL! HAVE A GREAT DAY! I AM GOING TO RE-POST FOR THE THIRD FUCKING TIME, MY ANALYSIS OF THE HELLGATE TREATY OF 1855, AND A BIT OF CONSTITUTIONAL ANALYSIS OF THAT TREATY . . . JUST IN CASE THE ATTORNEY WHO PRESENTED AND WORKS FOR THE SKP OR KERR DAM PROJECT, OR THOSE WHO REALIZE THE SALE OF THE DAM, MIGHT NOT HAVE BEEN FULLY VETTED, THE PSC, OR THE PUBLIC SERVICE COMMISSION, MAY WANT TO CONSIDER . . . THE SAME SUPER MOB TACTICS, OF BRUTE FORCE WERE USED, AS IT IS IN THE SALISH-KOOTENAI WATER COMPACT, TIED UP IN COURT, I BELIEVE, LAST I HEARD . . . REMEMBER, THERE ARE THREE ELEMENTS TO STATUTORY INTERPRETATION, AS PER, THE UNITED STATES SUPREME COURT CASES: (1) THE PLAIN LANGUAGE OF THE STATUTE, TREATY, CONSTITUTION, OR LAW; (2) THE INTENT BEHIND THE TREATY, ETC.; AND (3) THE HISTORY . . . YOU CAN'T EXTRACT, THE AMERICAN INDIAN WARS, WHO WON, AND WHAT PEACE COSTS! THE INDIANS WERE PAID IN HOMES, SCHOOLS, MONEY, AND HAVE CONTINUED TO BE PAID TO THIS DAY! BUT THE PRESIDENT OF THE UNITED STATES STILL HAS SAY IN MANY THINGS ON THE RESERVATIONS, FUCK ON THE BLACKFOOT RESERVATION, THE TRIBAL COUNCILS HAVE BEEN SO "ARBITRARY AND CAPRICIOUS" WITH THEIR RULING AND JUSTICE IN THEIR TRIBAL LAW AND COURT SYSTEM, THAT THE DEPARTMENT OF JUSTICE AND THE U.S. ATTORNEYS OFFICE IS THINKING OF STEPPING AND TAKING OVER! CHECK THE ENABLING CLAUSE IN THE FIRST PAGE OR SO OF YOUR MONTANA STATE CONSTITUTION: INDIANS ARE THE SOLE JURISDICTION OF THE UNITED STATES FEDERAL GOVERNMENT, NOT THE BRUTE FORCE OF THE SUPER MOB, AND WILL TO CHANGE THE ENTIRE HISTORY AND CONCEPTS BEHIND TREATIES, WATER RIGHTS, AND ABORIGINAL LANDS! SORRY, THIS LITTLE BAD ASS CON LAW CHICK, IS NOT GOING TO ALLOW IT, NOR ARE HER BILLION+ READERS IN THEIR COUNTRIES, OR HERE IN AMERICA! FUCK YOU, SUPER MOB, FIRST AMENDMENT, FREEDOM OF SPEECH, YOU CAN'T BUY, AND IT IS PRICELESS! OH, REMEMBER, MY GOOGLE DOCS ACCOUNT, THAT HAD GIVEN MY "OWNERSHIP" OF MY INTELLECTUAL PROPERTY, TO ANYBODY, THAT IS THE SUPER MOB, WHO GOT ACCESS, SO THEY COULD TAKE MY "INTELLECTUAL PROPERTY" CLAIM IT AS THE MOB WIVES, WORK, THEN PERVERT THE WHOLE HELLGATE AS EVIDENCED YESTERDAY, AND SECURED WATER SUPPLIES, TO MAKE THE "STATE OF MORMON" OR UTAH DESERT BLOSSOM LIKE A ROSE! VEGAS TOO, WHILE MONTANA TURNS INTO A FUCKING DESERT! PRIORITIES . . . VIGILANTE JUSTICE? OR BRUTE FORCE TACTICS, TO BENEFIT WHO? SURE AS HELL, NOT THE 11 COUNTIES IN THE FLATHEAD WATER DISTRICT, NOR THE REST OF MONTANA WHO HAS BEEN RAPED BY THE COPPER KINGS, THE SHARK'S TANK OF THE LATE 1800'S AND EARLY 1900'S, AND IF WE DON'T LEARN FROM HISTORY, WE WILL FOREVER REMAIN AN EASILY, MANIPULATED AND CONTROLLED CHILD! HOPEFULLY, THE REAL OWNER OF MY DOCUMENTS AND MY INTELLECTUAL PROPERTY, HAS WRESTLED CONTROL OF MY ACCOUNT BACK, WITH THE "POWERWASH" EQUAL TO THE "SUPER MOB" OF MO SHITS AND THEIR MOBSTER FRIENDS! FUCK, THEY EVEN DENIED ME ACCESS TO MY OWN RESUME! LOL! EVEN WITH A LOBOTOMY AND AN BRAIN IMPLANT, THIS BITCHES CAN'T BE ME! LOL! HERE WE GO . . . HOLD YOUR BREATH!

Of Course the Constitutional Analysis for the Hellgate Treaty of 1855 is Missing From My Google Doc Accounts . . . But This One Might Be of Interest to Water Law People and Montanans!

How I Got Involved With the Compact and Why?

• when I first came to the Flathead Valley, back in 2012, shortly before the presidential elections, to go to Glacier National Park, first in the October, returned in November, 6 days before the elections, and again in December, to gloat, over President Obama's re-election, I went as a spy, to the Flathead Federation of Republican Women monthly meeting, and being embarrassed when they brought me to the front of the luncheon, and introduced me, finding out that I was a constitutional law attorney . . . just got God Intel, a white GMC SUV like Rachel, a true Republican, used to drive, and one of the signs or symbols, that the women up in the Flathead, now, understanding more of my political sways, and opinions on abortion, and the like, prefer, the Rachel flavor of me, and have lied to cover, everything from me presenting, at the statewide, Federation of Republican Women, training, on the 1,2, and 4th amendments, check out MY blog, probably one of the first, listed on the side of my blog, under my picture, and I wrote about that training, as a very early entry . . . which, Rachel, was probably dubed over, wearing the right clothes and hair do! LOL! If the video presenter, didn't have the clothes she sleep in the night before, and broken glasses, hanging off half of her eyes, in true, absent minded professor style, then they re-did the training and put Rachel's mug on my work, like they have, Shelley's mug on my work on the water compact! Politics, politics, politics . . . the second, I told the ladies at the training, all dressed in their red, white and blue suits, that we were entering the participatory part of my presentation, all heads, hit the desk and their boobs, because, the true brainiac, regardless of her dress, the Alpha, chick took control of the room, and trained their lying asses! LOL! But at my first meeting, Caroline Solomon, who I think was the Prez. of the woman's group, asked me to help with the Salish-Kootenai water compact, which, I am still doing to this day! Rachel and the super mob, just used my name, to FUCK OVER THE RANCHERS, THE FARMER, THE 11 COUNTIES INVOLVED AND EFFECTED, AND THEY WILL FUCK OVER ALL MONTANA AND THE INDIANS . . . and they used MY NAME, to fool YOU!
• I testified at the 2013 Montana Legislature, in the Judiciary Committee, chaired by Krayton Kearns, was am'bush'ed in the bathrooms at the Capitol Building by the Indian Princesses, trashed by the lawyers and the legislator, presenting the legislation to push through the compact, and later trashed by the very people who originally asked me to help . . . Beware, lest all people speak well of you. --Jesus. The Constitution, my guide and love, was a fucking compromise, which is what the very word, politics means, each side, wins something, and each side gives up something . . . Kill the messenger! I am always, right in the middle, pissing both sides off . . . nobody controls me, nobody pays me, I am not loyal to either side the Indians, nor the ranchers and farmers, but, I will represent, what the documents, say, and what, I in clear and present conscience, believe, to my BEST KNOWLEDGE TO BE TRUE! as an attorney!
• One of the reasons, I fell in love with Montana, was this hearing, thank God, for me and the state, after testifying for 2 minutes, the limit at the comment period, I was able to get out the fact, that I was a member of the U.S. Supreme Court Bar, worked for the nations number one water law expert, back in the early 90's when I attended law school, at BYU, and the compact, violates the U.S., Montana Constitutions, what I know about water law, and the Montana Code or Laws, plus the Treaty, the way the lawyers were presenting the issues. I was called out of 200 people in the audience, and to the credit of the legislators, they gave me, about a half hour to 45 minutes, to go over each of those documents are records, and explain my position, seeing the compact as completely UNCONSTITUTIONAL!
• Chair of the Committee, Mr. Kearns then asked me to write up my testimony, which I promptly went over to the Montana Attorney Generals Offices, to the Law Library, where I used the computers reserved for attorneys, and typed up my testimony, which was sabotaged, with several versions, orders and almost making it impossible for me to get a clear and clean copy . . . who controls the computers, now think, because this is critical to understanding, why someone with my education and credentials is staying in a homeless shelter, running from state to state, the fucking state of Mormon, Utah, almost all Republicans, with 30,000 cyber spies, watching every fucking line and word I write, and with them trying to ERASE me from the planet after MITT lost, seeing me as a big part of that, teaming with Montana Senator Tester, and his staff, many on my email list, before I wrote my blog, actually the reason I started the blog, back in September of 2013, because, the Mo NSA, stole 2 email accounts that day, shut me down completely, after, I was chased by Indian trackers, any connection to my positions and testimony on the water compact? blood hounds, and feds . . . control the Indians to control the water! But, I had to CUT AND PASTE, a copy, that looked like shit, but, I felt was the best version I was able to get . . . much like the analysis I did for former Senator, Verdell Jackson, whom the arrogant, lying sack of shit, attorney for the CSKT, presenter, who would know my name and reputation, sarcastically, joked, because, Jackson also entered into the law suit over the Kerr Dam sell, saying all 60 lawsuits, Mr. Jackson in never won them anything . . . BRUTE FORCE, lies, cheating, fraud, and identity theft, won the signing of the water compact, and the sale of Kerr Dam, that is now creating new law, new history, and new ceding boundaries, to pretend, that the Indians didn't HAVE TO CEDE all their lands, to the U.S. Government, or DIE! The victories of war, and spoils, go to the winners, and they get to write history! Brett and Kay, Shelley, Rachel, have ulterior motives, in using my name, to get the water, back to the Indians, the WA war cry, so the feds, run by Mo's, can control the water rich state of Montana . . . don't be buffaloed! Why do you think, the super mob, relentlessly pursues me? LIKE ANY ABUSER, POWER AND CONTROL . . . I AM ABOUT PROTECTING RIGHTS, PROPERTY, WATER RIGHTS, AND RUNNING THE GOVERNMENT AND THEIR RELATIONSHIPS RIGHT! I did, however, come hook or crook, get a copy of my work, shitty as it looked after the computer wars, blocking email copy exchange and delivery, remember, that while I was working with two offices in the Utah State Capitol Building, that, there was a U.S. Post Office in the basement, because, I was going to try to mail Krayton a copy, but, I ran into a legislative counsel aid, in stead, and made him promise that he would get Krayton a copy . . . he promised . . . and I like to think, that I was, somewhat, not only involved but instrumental in stopping the signing of the water compact, and the associated bill in the legislature for two years, while the compact was worked on.
• Former state of Montana House of Representative, and Senator Jackson, now on some service commission, always kept me up to speed on the issues, and I ditched in and out of Kalispell, going to the Republican Pachyderm meetings on Fridays, over the last 4 years . . . which I put, under the title of this off the cuff, straight shooting comments, on some legislator, chick, Indian Princess thought . . . might be of interest and give some history and background. I just give the facts, statistics and examples in my persuasive writing. I was not working for anyone, just doing my duty as a citizen . . . and no, I am not Shelley, who took credit for all my work and I am sure the hacker hag, the clone, also, in Chicago, with my clone computer, took my constitutional analysis, off the list of my intellectual property and docs, that now say, ME, ME, ME . . . they just took the damning documents off. . . the list is far shorter than it used to be! FUCKIN' LYING LOSERS! ENJOY, I NEVER RE-READ MY WORK, HOPE IT IS GOOD. STU LEVIT . . . symbolic, of Brett Stuart/Stewart, from Utah, where Mike Leavitt, was governor, for two terms, then went to D.C., as the Director of Health and Human Services for the FEDS . . . the attorney, lawyer, liar, may want to read this, and get a fucking conscience! LOL . . . well, I am starting to see why they call lawyers liars, outright! I even approached old Stu, and asked him if he was an attorney? I thought, that I was eating the yummy free lunch, while the blonde chick was introducing the speaker, so I heard that he worked with wild life and natural resources or something like that with a master's degree, but I never heard if he was an attorney . . . so I asked him, and he affirmed the fact that he was, and I reminded him, that in statutory interpretation, I felt that his definition of the ceding process was wrong, but I would review, it had been a few years, he said, he also would check his facts and read the Hellgate Treaty again! RELAX, just lawyer posturing! LOL . . . given BRUTE facts from the Treaty back! LADY STYLE!

I GUESS THE POLICY OF THE PROPONENTS OF THE WATER COMPACT IS:  LESS IS MORE!

Prepared by JoAnn S. Secrist, J.D., Constitutional Law Attorney, Member of the U.S. Supreme Court Bar, for the Montana Legislature, at the request of Senator Verdell Jackson, comments after yesterday’s Flathead County Republican Pachyderm Meeting, September 20, 2013, at Hilton Gardens

ISSUE OR QUESTION:  Why would the Montana Legislature, representing Montanans, especially those within the 11 counties affected by the water compact, want to vote in favor of the compact?

PROPONENTS ARGUMENTS

&

COUNTER-ARGUMENTS AGAINST THOSE POINTS

(1)  State could avoid a call for tribal water rights, that are superior--if in a drought or low water year

• senior water rights would take precedence above junior rights
• exclusive right to fish, does not convey a water right
• the proponents are assuming senior water rights, merely due to the fact that the Indians were on the land first, which doesn’t mean they have senior rights
• they were a conquered people, they knew it
• the legislature gave Indians, the United States, and irrigators all a chance to file their water rights claims between 1973 and 1983--10 years is long enough
• tribes were given land to use, occupy and for their benefit
• tribes and individual Indians can’t claim water or property rights they don’t have!
• nobody can convey and interest that they don’t have
• tribes are not co-owners of the land the reservation is on, only the U.S. owns the property
• the white man was to stay off the reservation, until the treaty was ratified
• once ratified, the tribes could sell the property within the reservation, and use the money for their benefit--that doesn’t mean that they own the property, they just get the money
• the tribes or the DNR attorneys are acting like the Indians or the compact is doing irrigators a favor, because they have not called those rights(they don’t have) in, but they are preparing their claims
• if they didn’t file and record their water rights claims within the 10 year period provided by the legislature, tough luck, you don’t have a claim
• when asked to clarify what a CALL means, the attorney said it is really simple, like picking up the phone and calling your neighbor upstream and telling them to stop taking all the water!!!!!
• state is flexing its muscles against the irrigators, pushing for this compact, due to the call?  And it is nothing more than what they have now?
• where is the muscle, need for the compact, in that???
• misleading at best, and downright fraud at worst--need transparency from attorneys, not personal belief that Indians need this water
• and it doesn’t matter how many ranchers are persuaded over to the proponents side, what the treaty says, is what it says
• and yes, logic and reason tell irrigators that fish need water to survive, and the reservations need water to function
• but to say that in a drought, or low stream flow, that it is the ranchers and farmers who will suffer, is not correct!
• who in the hell cares what they do in Oregon, that doesn’t change Montana, or the treaty, even if they signed the document together, they were not the same state now, may have been connect during the territorial days . . .
• these water rights have been quantified through years of legal strength, case law, even U.S. Supreme court decisions that state that the tribes, or aboriginal peoples didn’t know what they were doing when they signed the treaty
• they knew full well, they were being slaughtered and couldn’t win the war
• they ceded, relinquished, and conveyed their lands to the U.S. in return for peace, financial assistance, fishing and hunting, housing, schools, industries, etc.

(2)  The Indians had until July 2013 to sign the compact, now extended to July 2015, by the legislature, to file those claims or quantify their uses and what water they need to meet the needs of the reservations

• traditional water law, constitutionally goes like this:
• the United States of America holds all water in trust for the public and citizenry
• constitutionally, the federal government controls all ports and navigable water
• states control waters within their boundaries--surface water, groundwater, springs, etc.
• if I remember correctly, stream beds are held in public trust, but the land that abuts or goes along the stream beds, belongs to the property owner
• personal property owners, control the waters that flow out of the above streams, groundwater, springs, etc, and flow onto their property
• as per exclusive rights to fish in the reservation--that does not mean they have the water rights to sustain those fish; however, it stands to reason that irrigators cannot deplete all water and destroy fishing (no fishing limits within the res, but they don’t own all the fish and all the water that either swim or run through the reservation to other parts of the state)
• they also get the right to fish areas outside the reservation that had become customary to fish at, but that is to be in common with the rest of the citizens
• in these areas, of custom, if the state requests a license to fish, and limits the number to 5, there is equal protection, and opportunity for all
• hunting and gathering berries is considered a privilege, not a right; therefore, I would say, Indians have to obtain a license to hunt within the state boundaries--no exclusive right, just the same as the privilege all citizens have
• remember this country was founded on equal protection and uniform operation of law, 14th amendment
• citizens can’t be deprived of life, liberty and property, without due process of law (5th amendment for criminal issues)
• due process = notice & hearing

(3)  Neither the 9th Circuit Court of Appeals, nor the United States Supreme Court, if contrary to the plain language of the constitutions, the intent of the signers, or the history surrounding the original intent, trumps the U.S. Constitution as the Supreme law of the land, and the state constitutions, the highest law of the state as long as it doesn’t contradict or conflict with the U.S. Constitution

• there is a legal hierarchy of legal authority in the judicial system of the United States
• Constitutions are first--judges are not at liberty to reinterpret the plain language
• if the meaning is clear, the debate is over
• if it says what it says, not judge, no matter how high, can change that meaning
• constitutionally, judges are only to remain on the bench in good behavior
• changing the meaning, intent or history is wrong
• no room for creative lawyering
• the law is the law, is the law
• you may be sympathetic with the Indians, but you can’t change history, rewrite it, or change the meaning of the treaties signed in good faith
• we are where we are--the Hellgate Treaty sets to terms of the contract, there was an offer, an acceptance and consideration given on both sides
• you don’t get to option of reading meanings and words that don’t even exist in the document itself
• water rights for time immemorial--where is that?
• they were not even given water right!

• laws, rulings, treaties, etc. that are repugnant to the Constitution are void
• those that are consistent with the letter and spirit of the constitution are constitutional
• the Indian nation is a nation within a nation--they are dependent on us
• they have their own constitution, but it doesn’t trump our Constitution
• American and Montana citizens are not subject to another dependent nations tribal law or counsel, nor are we junior in right, water rights, etc.
• everyone had an equal right to a 10 year notice to file claims, or sign new water compacts or deals
• there is some suspicion in my mind as to the constitutionality of all the water compacts in light of the US Constitution prohibition of states making alliances, treaties, or confederations with the Indians, who are solely under the jurisdiction of the US government
• Montanans have one constitutional obligation to the Indians, and that is to preserve their culture through public education
• the controlling documents are, U.S. Constitution, Hellgate Treaty, Montana Constitution--signed after the treaty, but that makes for even a stronger argument, that the state of Montana, in their constitution was given all water rights, and nothing was said or excepted for the reservations.  Had the Montana Constitution come before the treaty, there might be an argument that the treaty changed that, but not with no mention of the water rights, just fishing rights!!!!!

(4)  The scare tactics that if Montanans, or the legislature don’t sign the water compact all kinds of bad things will happen, that business all should be happy, because, if we don’t sign or come to a settlement, there will be protracted litigation, and they imply, Montanans, or irrigators will lose--not if the courts are faithful to the law, legal weight of authority, and abide by the power packers, the constitutions, and the treaties, within the plain language, intent and history of the documents!!!!!

• bring it on!!!!!!!!!!!!!!!!

Sincerely,

JoAnn S. Secrist, J.D.

Attorney for the OUTRAGED