January 18, 2020
William Barr, Attorney General
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
The Honorable Steve Daines
320 Hart Senate Office Building
Washington D.C. 20510-2604
The Honorable Jon Tester
311 Hart Senate Office Building
Washington D.C. 20510-2604
RE: Montana Water Rights Protection Act Bill S.3019
Dear Attorney General Barr and Senators Daines and Tester:
I am a third-generation, out of five, Montana citizen and am also a retired U.S. Fish and Wildlife employee that lives on the Flathead Reservation. My issues with S3019 concern the water, the National Bison Range, and decades of misappropriations of government funds used for the improvement of the reservation.
Tribal and non-tribal individuals have had to deal with fraudulent acts throughout the history of the reservation, and fraud continues today. This has to stop. Misrepresentation of major issues are the biggest problem of this bill … many people are being misled, including our elected officials.
You are in possession of letters from William Reffalt and Bill West (Blue Goose Alliance) and Gale Decker, Dave Stipe and William D. Barron (Lake County Commissioners) who have expressed concerns over issues regarding this bill, and I would appreciate an opportunity to address a few issues in this letter as a citizen of Lake County.
Water. Area wetlands outdate the irrigation project. The proposed bill to provide funds for lining the irrigation ditches to prevent leaks will damage and destroy wetland areas that are dependent upon the moisture that feed these areas and provide habitat for countless animal and plant life. What EIS research is scheduled to provide protection for these important areas?
Water rights gone missing. “Gone missing” — as in being misappropriated. These acts of fraud need to be investigated. Water rights have been stripped from property rights. Ten years ago, following the passing of my father, 88.85 acres of family land and water rights were deeded to Montana State Fish and Game. In checking those records, today, only 39.17 areas include water rights. Where did the water rights for the other 49.68 irrigated acres go to? Throughout the history of the reservation, there has been serious misappropriation of water rights in transactions with sawmills, the reclamation project, banks and mortgages, and the railroad. I ask that an investigation be held to answer where have these water rights gone before any bill is passed that clouds the issue even further.
Land plat records at Lake County Courthouse have gone missing. Efforts to change the history of the land through documentation by missing plat records is also evidence of fraudulent activity. Certain particular pages have been removed from the record books held at the Lake County Courthouse. Thankfully, records of these pages have been located elsewhere but these criminal acts need to be investigated and charges filed.
National Bison Range. This is a refuge for bison and numerous other animals, including bear, elk, moose, deer, antelope, raccoons, turtles, and numerous varieties of birds and plant life. This is not an area to be trivialized to be remade into a Disneyland-style recreation area or the site of legalized gambling casinos.
Misappropriation of funds. The adage of “follow the money” should be adhered to before additional monies are spent with the passing of this bill. With the dissolution of various companies and their assets, including water rights, where have these assets disappeared to? What is happening with state lands … parks, highways, right-of-ways. What is happening to railroads in disuse throughout Lake County, railroad liens?
The word “immunity” is used numerous times throughout the bill. Being asked for immunity is like saying, “Forgive me, for I know not what I do.” With this request being asked for time after time, I submit that it is a case of “I DO know what I do” and it is WRONG.
One additional issue that needs to be addressed regard current Federal liens on lands connected to the irrigation project to pay construction costs. It’s my understanding that this lien will be relinquished with the passing of this bill. What is the benefit of relinquishing that lien? What has been done with this money accrued over the years? What are the future plans for establishing money to cover irrigation project construction costs into the future? Is there still money owed on this lien? If so, what is the amount still owed and how is going to be paid off before being relinquished?
I submit that this bill has been inadequately prepared with too many issues not being properly addressed. I look forward to discussing these issues with you in the future and providing the documentation that supports my statements.
Sincerely,
Skip Palmer
Xxxxx MT Hwy. 212
Charlo, MT 59824