Letters

The Wizard of Oz – Part 23

From: Lawrence Kogan

Thu 8/13/2020 9:36 AM

To: Gene Erb Jr. <gerb@yahoo.com>; Skip Palmer <jpalmer@blackfootnet>

This is old news and further misrepresentation by Dr. Kate, the liar, as the name was already changed in SB 262, as of 2015.   Mr. Gale is clueless.

See Article I of Recitals/Preamble:

“WHEREAS, the Parties agree to protect Tribal Instream Flows, Existing Uses, and Historic Farm Deliveries to Flathead Indian Irrigation Project irrigators”.

See Article II – Definitions:

“30. “Flathead Indian Irrigation Project” or “FIIP” means the irrigation project developed by the United States to irrigate lands within the Reservation pursuant to the Act of April 23, 1904, Public Law 58-159, 33 Stat.302 (1904), and the Act of May 29, 1908, Public Law 60-156, 35 Stat. 441 (1908), and includes, but is not limited to, all lands, reservoirs, easements, rights-of-way, canals, ditches, laterals, or any other FIIP facilities (whether situated on or off the Reservation), headgates, pipelines, pumps, buildings, heavy equipment, vehicles, supplies,

records or copies of records and all other physical, tangible objects, whether of real or personal property, used in the management and operation of the FIIP.”

Send this email far and wide

P.S.: Please keep me informed about Lake County Attorney Wally Congdon mis-direction efforts focusing on getting people nervous about the need to do something about S.3019 that involves discussions but not actions.

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From: Gene Erb Jr <gerbjr@yahoo.com>

Thu 8/13/2020 8:55 AM

To: Lawrence Kogan

Sent from Yahoo Mail for iPhone

Begin forwarded message:

On Thursday, August 13, 2020, 6:36 AM, Forcenine49@startmail.com <forcenine49@startmail.com> wrote:

Reposting for expanded distribution:

 

Catherine Vandemoer, Ph.D.

Water Resource Consultant

406-552-1357; 520-369-1404

 

All,

We just found out that Daines allowed an amendment to his bill that would FORMALLY change the name of the Flathead Irrigation Project to the Flathead Indian Irrigation Project.  To do this they changed the language of the 1904 and 1908 acts to fit their narrative.  This is an outright takings of a project which landowners paid for, contracts between the US and irrigation districts, and shows that Daines has completely lost control of the process, if he even cared at all. His failure to put professional staff on this issue will cost him and Montana dearly if this thing passes. This was in the 2016 tester bill, just waiting for the moment when it would be added to S. 3019

Note that in the MLWA and Irrigator’s testimony, the fact that this is not an Indian irrigation project was put right up front in each document, with supporting evidence.  Daines apparently gave the testimony to the tribes who then used it to tighten their unlawful grip on MT.

Another IMPORTANT NOTE:  The Daines bill did NOT  pass out of the Senate Committee unanimously, as reported by Daines, Catlett, Theilman, and the press.  3 senators voted against it:  Murkowski, Hoeven, and democrat Udall (NM).  These individuals received testimonies directly, not through the committee, and all had follow up calls from me.  The only staffers I was able to reach were those of those three Senators.  For Murkowski, the Bison Range sets bad precedent for Alaska’s ANWAR and energy production; for Hoeven it was the audit of the irrigation project, and for Udall it was the huge number of Pueblos in NM with water rights that could be expanded, since NM is the only place where a tribe has received a time immemorial priority date for agricultural activities.

Please pass this on to relevant folks who should know.  I think it fair and safe to say that the Senator has not been honest with Montana.

Best,

Kate

Catherine Vandemoer, Ph.D.

Water Resource Consultant

406-552-1357; 520-369-1404

This message was sent with High importance.

From:  Lawrence Kogan

Thu 8/6/2020 10:08 AM

To: gposivio@gmail.com

Cc: missionid@blackfoot.net

Dear Mr. Posivio,

All of the concerns identified in the 12 points set forth in the MJJB testimony you provided will be addressed when the USG’s illegitimate use of the Civil War Reconstruction Era War Power statute(s) is found to be unconstitutional.

The USG (FERC) has employed the Federal Power Act of 1920,  based on  the 1871 War Power Reconstruction Era statute which remains on the books today, to achieve the transfer of Kerr Dam to the tribes and the reallocation of water rights in northwestern Montana from the Flathead Reservation irrigators to the tribes, which is more apparent than real.

In actuality, it is the federal government (and not the tribes) that has retained genuine control over the use of the water flowing from the Canadian border north of Hungry Horse dam (i.e., the headwaters of the Flathead River), south through Hungry Horse Dam through Flathead Lake through Kerr Dam down the Flathead River, to the Clarks Fork (of the Columbia River) through Thompson Falls Dam up through Lake Pend Oreille, ID and then into the Columbia River after it passes up into Canada and back down to WA state.

These rivers pass a prodigious amount of water (cfs/acre-feet) through to the Columbia River Basin out to the Pacific from which the USG has made and continues to make an obscene amount of $$ (Bonneville Power) generating hydroelectricity which it sells to Canada at a discount in exchange for Canada dam reservoir storage north of Coeurs d’Alene and Hungry Horse Dam to prevent US flooding downstream.  This occurs pursuant to the Columbia River Basin Agreement between U.S. and Canada which the Obama administration amended, and which implements the 1909 Boundary Waters Treaty between Canada and the U.S.

The 1871 War Power statute treats the State of Montana as fictional “Indian Territory” and all irrigators on the Flathead Reservation as fictional “Indians” deemed “belligerents”.

This, statute, which, in part serves as a source of the legal authority for the Federal Power Act (“FPA”), together with the 1870 statute which established the USDOJ, which statute contains its own War Power authority, has been used to systematically override all of the laws referenced in the MJJB testimony provided.

The international law of nations regarding the public trusteeship of failed states and of conquered territories, including what the US Supreme Court previously referred to as “dependent sovereigns” (Indian tribes), as my colleague, Lana Marcussen and I documented and explained in a 2018 US Supreme Court amicus curiae legal brief in the Washington State culverts case, is responsible for the all of the Indian benefits the CSKT has received over the years, including, but not limited, to ‘638’ contracts and the reestablishment of the Flathead Indian Reservation following the enactment of the Indian Reorganization Act of 1934.

Any effort to discuss, or to try and employ/invoke the federal statutes from the early 20th century referenced in the 12 points of the MJJB testimony to defend irrigator rights would be a total waste of time, and anyone who states to the contrary displays their ignorance of history and the law, or is otherwise attempting to divert the attention of district irrigators away from the real problems caused by the CSKT Water Compact, and to prevent district irrigators from solving them.  These are the people who aim to benefit from USG or State government welfare payments in exchange for their support of the CSKT Compact – Daines bill (MWRPA) – S.3019.

This will be the extent my written explanation and response to the 12 point MJJB testimony.

Please have Ray Swenson telephone me at the boldfaced # below if he or the MJJB have any questions about what I have explained above.

Sincerely,

Lawrence A. Kogan

The Kogan Law Group, P.C.

100 United Nations Plaza

Suite #14F

New York, NY 10017

(o) (212) 644-9240

(c) (917) 565-1521

www.koganlawgroup.com

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From: missionid@blackfoot.net
Sent: Tuesday, August 4, 2020 4:01 PM

From: missionid@blackfoot.net

Sent: Tuesday, August 4, 2020 4:01 PM

To: Lawrence Kogan <lkogan@koganlawgroup.com>

Subject: FW: Opposition Testimony

Larry, we will try this again.   If it makes it just send a note to Renee telling her you received it.

Thank You

Gene Posivio

Renee Roragen

Mission Jocko Irrigation District

Administration

406-745-2090

missionid@blackfoot.net

From: Gene Posivio <gposivio@gmail.com>
Sent: Thursday, July 16, 2020 3:00 PM
To: missionid@blackfoot.net
Subject: Opposition Testimony

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