Speaker claims Compact is unconstitutional

ST. IGNATIUS – A Cherokee woman who speaks about tribal issues across the United States said the controversial Water Compact violates Montanans’ Constitutional rights.

 “The proposed Water Compact will remove any significant state control over waters of Western Montana,” said Elaine Willman, a Cherokee tribal member during a seminar Sept. in Ronan. “(The Compact will) remove the rights and Popular Sovereignty of nearly one-third of Montana’s population for the direct benefit of considerably less than one-half of the 1 percent of the State’s population.”

Environmental Life Support System protection and the Montana Water Use Acts sets out clear policies and procedures for ongoing State authority while preserving water rights that pre-dated the 1973 Act she said.

“The current proposed compact is a strict violation of Montana citizens’ Constitutional rights,” Willman said. “The Montana Constitution is one of the most comprehensive, clear and concise governing instruments that I have had the privilege to read. It is nearly as powerful in its simplicity as our federal Constitution. There is power in simplicity and a loss of power in complexity.”

Ronan irrigator Susan Lake disagreed with Willman.

“We as residents chose to live within the boundaries of a reservation,” Lake said. “Our state and federal government has fairly represented every fee-land owner in the current agreement, both tribal and non-tribal. To slander the good intentions of so many that have worked so diligently is not assisting the movement forward.”

Lake believes the Compact represents all sides fairly, leaving irrigators with more certainty and less expense than litigation could offer.

Willman said elected officials across the country tend to discount, dismiss or outright defy the printed words of laws and statutes, and particularly the founding government documents.

“Decisions to benefit the state should be based on the state Constitution,” Willman said. “Treaties and documents prior to the Constitution are but a memory, a beautiful fairy tale.”

Not all local public officials agree that Montanans’ rights have been violated or overlooked.

“I have listened to my constituents at great length and will continue to do so,” said State Representative Dan Solomon. “In addressing irrigators’ concern regarding the proposed Compact, the real problem is that when I provide researched responses to expressed concerns, citizens do not always like the answers I have to provide. When something seems to disagree with popular opinion, individuals try to excuse or deny, labeling it as something dishonest.”

The Water Policy Interim Committee, consisting of various state elected representatives such as Salomon and agency officials who specialize in key components of the current compact, believe they are working for the everyone’s best interests.

“It is not an issue of favoritism or ulterior motives and I see no Constitutional violations,” said Salomon. “The State has been fairly representing the non-native fee land owner and the CSKT has conceded a great deal in negotiation over the previous years in the attempt to ensure all Western Montana families will continue to thrive equally.”

In an attempt to offer solutions to concerned irrigators, Willman said citizens must hold elected officials accountable.

“You have to ask your officials the hard questions,” Willman said. “Citizens have the power to put representatives into office as well as the ability to vote them out of office.

Sometimes it takes time and a group effort to start the process of obtaining a fair governing body.”