U.S. irrigation and power liens still exist on reservation

The following excerpt is taken from the final report issued in March 2010 and titled, “Final Environmental Assessment for Operation and Maintenance of the Flathead Indian Irrigation Project Upon Transfer of No Significant Impact,” released by the U.S. Department of the Interior Bureau of Indian Affairs Flathead Agency: ”In 1904, the Flathead Indian Allotment Act authorized allotments of land within the Flathead Indian Reservation to all persons with tribal rights on the Reservation. After all the allotments were made, the remaining unallotted lands were to be disposed of under homestead, mineral and town site laws. The 1904 act also authorized the construction of irrigation ditches on the Reservation. In 1908, Congress amended the 1904 act to provide for the construction of an irrigation system for all irrigable lands within the Reservation, regardless of Indian ownership. The 1908 amendment also provided for the future transfer of the operation and maintenance of the irrigation works to the owners of the lands irrigated by the project when certain construction repayment conditions were met (the United States will continue to hold title to the project). A 1948 Act, Public Law 80-554, 62 Stat. 269, provided for payment of the irrigation and power construction costs through net power revenues and other sources. The construction repayment conditions were met in January 2004.”

Let me quickly repeat, the construction repayment conditions were met in January, 2004. Why then have the construction liens evidenced on the originally issued U.S. Land Patents, which is within our chain of title, still outstanding? A lien, such as a mortgage, is released upon repayment conditions being met.

Here is verbiage taken from an original U.S. Land Patent, “The lands hereby conveyed are subject to a lien, prior and superior to all other liens, for the amount of costs and charges due to the United States for and on account of construction of the irrigation system or acquisition of water rights by which said lands have been or are to be reclaimed, as provided and prescribed by the Act of Congress.”

I have not received a United States release of lien, have you?

– David Passieri, St Ignatius