The deadline to file objections to the Tribe's claims

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samiaseo222
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Joined: Sun Dec 22, 2024 3:26 am

The deadline to file objections to the Tribe's claims

Post by samiaseo222 »

If a federal reserved water right were decreed for a water source on your property, it is unclear what effect that may have on your water rights. Your use of up to 50% of the flow of the spring could be precluded if necessary for the purposes described in the Tribe's notice of claim: namely stock water, wildlife, cultural and ceremonial...It is also unclear whether decree of the water right in the Tribe's name implies the existence of an easement across your property to allow tribal members and their livestock access to the claimed spring.

(The letter is available in its entirety from phone number list Watchmen on the Wall, see contact information below).

Exactly how were we to know that there was any problem?

The reason for filing a claim in the first place was to “protect” our springs. The state didn't notify us that someone had filed a claim on top of ours. The whole thing sounds insane, but sadly it's true. Where are our public officials when we need them to fight for our private property rights?

If I were an elected official, I would be informing my county about this and screaming at the top of my lungs for all of us to stand together and stop this action before it goes any further. Don't forget about this and just think the State will take care of us. Although Idaho will be taking this to court in October 2002, we all know that the courts may not be too friendly when it comes to private property rights. After all, the United States is supporting the Tribe as the letter states: “the Nez Perce Tribe, and the United States as trustee for the Nez Perce Tribe.”
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