I have been following Klamath water and dam issues
since 2003 and have recently noticed commonalities
simultaneously occurring in the southwestern Oregon
and Northern California area, and on the Flathead
Indian Reservation where I live in Western Montana.
Serious divisiveness among Klamath Irrigation
District Board of Directors (KID) is mirrored by
equally serious divisiveness occurring within the
Flathead Joint Board of Control (FJBC) located upon
the Flathead Indian Reservation. The issue in
common, of course, is water and who controls it.
The FJBC, composed of three separate irrigation
districts, is subjected to a recently passed water
compact signed by the feds, the State of Montana and
Confederated Salish-Kootenai Tribe (CKST). The
compact incorporates control of all waters in 11
counties coming into, going through, and out of the
Flathead Reservation, and has precipitated the
transfer of a major hydropower dam to the tribal
government.
The end result of the CSKT Water Compact is that
tribal members and non-tribal ranchers and cattlemen
in this agricultural area are now completely
dependent upon a tribal government for any access to
irrigation water, and access to electrical power.
Land owners here have not a single government to
turn to for support — not the federal, state, tribal
or local governments. The State of Montana has
completely signed off and abandoned state
protections over 35,000 Montana citizens residing on
this reservation.
Landowners look to the FJBC, the last standing
public entity, for protections and challenge to the
unconstitutional CSKT Water Compact. Divisiveness on
the FJBC Board has not only thwarted their
protective actions on behalf of irrigation, the
divisiveness is close to complete destruction of the
FJBC.
If this sounds familiar with what’s going on in the
Klamath dams area, I think there’s no coincidence.
The politics of Montana are so beholden to federal
and tribal government desires that Montana state
waters in 11 counties are now placed in federal
trust for a small tribal government. This compact
will replicate across the state for six other tribes
demanding to be treated the same. The feds will soon
confiscate Montana state waters with the full
acquiescence of the governor and state legislators.
Landowners here have been unable to find a single
Montana attorney willing to protect their
property/water rights, their constitutional and
civil rights. Landowners were able to locate
Lawrence Kogan, a New York City attorney to
represent them in litigation just now initializing.
Mr. Kogan also represents Siskiyou County and the
Klamath Irrigation District.
Someone named Ed Bair recently characterized Mr.
Kogan’s services in Montana as a “dismal track
record,” when his work on behalf of his clients here
was initially launched in September 2015, then
voluntarily withdrawn to await anticipated U.S.
Supreme Court decisions, for re-filing and
proceeding with litigation against all parties to
the CSKT Water Compact in upcoming July or August.
That’s far from a “dismal track record.”
When I lived on the Yakama Reservation in Washington
State for 16 years, local municipalities, counties
and property owners were also hard-pressed to find a
Washington attorney to pursue a case against the
feds or tribes. It’s possible that Oregon landowners
and irrigation districts may have a similar problem.
I have a 30-year career in government, and have
researched federal Indian policy for 25 years. I
have conducted workshops and keynote addresses
across the country, authored two books, and work
with numerous expert legal counsels in multiple
states. Montana and Oregon landowners are most
fortunate to have located and obtained Mr. Kogan’s
services. Among strong legal champions, he stands at
the top of the list.
Supporters of this egregious CSKT Water Compact
called Mr. Kogan “that New York City attorney,” too.
Supporters of the compact did everything they could
to trash him in Montana newspapers and everywhere
possible.
His clients did not fall for such baloney; his work
is fact-based, law-cited and prolific. He’s a legal
“street fighter” that knows his way around federal
courts, Congress, water law and Indian law. But for
Mr. Kogan’s courage and perseverance, and clients
who so believe in him, 35,000 people in Montana will
have forever lost their water rights, access to
water, State and federal constitutional protections,
and authority over non-tribal lands on the Flathead
Reservation.
Klamath
water issues distressingly similar to those in other areas