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Why do the Indians want control of so much water?

by Mark Agather
| January 17, 2014 8:28 AM

After I testified at the water compact meeting last Monday, Jan. 13, in Helena, I realized I was talking about a different subject than most of the others participating in this event. The others were talking about the compact with an underlying assumption that it had to be put into place in some form or another. However, I was questioning why the compact was even being considered.

For me, those are still fundamental unanswered questions regarding this process. First of all, was there a problem that needed to be fixed? Secondly, does this piece of legislation fit in with larger goals for the state of Montana? Third, how does it fit inside of the requirements of our Montana Constitution?

I understand “how” the water compact came about but not why. The salient question I am asking is why do the Indians need or want control of so much water in the western part of our state, particularly off-reservation “non-consumptive” water rights.

As Jeff Larsen pointed out in his letter to the editor of Jan. 10, the reservations were granted water for their on-reservation needs. Since the Indians have plenty of water for the reservation, is this, in reality, just a demand from the Indians for more money and power propelled by a large dose of greed? Is this just another ploy the Indians are using to try to confirm their claim to be a “sovereign nation”? If this is so, is this just a continuation of the Indian wars from the past century?

I am opposed to the compact if the above are the underlying reasons for its consideration. To give away our water to satisfy the lust of Indians for more power and money so they can live on reservations receiving handouts for doing nothing is a policy that should be rejected. Their claim to be a “sovereign nation” is a fiction that must be done away with.

Sovereign nations have the ability to take care of themselves without the need to be a “ward of the federal government.” The Indian tribes never were and never will be truly sovereign nations. As well, the notion that they deserve more because their ancestors “were here first” no longer deserves to be the driving force of our decisions going forward.

Policies and laws enacted for the state of Montana should have an overall goal of integrating people together to live in peace and harmony under the same rules, rights, privileges and responsibilities. Too long has our state and our country followed policies and political goals which were meant to divide us into different factions competing for favors from our governmental entities.

This compact fuels such division as it enhances the status of a separatist movement based solely on race. In fact, the reservation system is, by definition, a racist policy. For that reason, I believe it is time to consider policies which will lead to the gradual ending of the reservation system.

In addition to the above, I must have a cogent answer to the constitutional question. I cannot see how any elected official who has sworn to uphold our Constitution can, in good conscience, completely ignore it by voting for this compact. Our Constitution is clear — water belongs to the state of Montana and its people. To give it away to another entity is a de facto abrogation of our Constitution and will set precedents for the rest of the state and our future as well.

If we had a corporation like Exxon demanding such concessions, how much different the discussion would be. For my part, I see little difference between giving our water away to the Indians, a separate entity concerned only with their own profit and power, to be much different from giving it to a corporation.

I care not how long this process has gone on, about the amount of money spent on it or the time political figures have invested into the process. If it is solely about money and power without consideration for the needs of the citizens of our state or for a harmonious and peaceful future, it should be thrown out and replaced by a process which considers what the reasons for this compact are, if they are valid, and what it means for the future for all of the citizens of Montana inclusively.

I am looking forward to the answers of these questions from our elected officials who are supporting the compact.  

Mark Agather is a resident of Kalispell.