What time is it?
Krayton Kerns
2.6.08
Do you know what time it is? The future of our republic depends on your knowing the time. Let me explain.
I attended an informational meeting of the Montana Decreed Water Advocates on Wednesday January 29th in Joliet. The sudden move by state government to retroactively collect 100 years of streambed rent from hydroelectric facilities (PPL Montana, Avista Corp. and PacifiCorp) has grabbed the attention of the agriculture community. With hundreds of irrigating diversion dams scattered in waterways across the state, producers are wondering who will be charged rent next.
Dick Moore, the area manager for the DNRC, offered the details behind the state’s decision that navigable streambeds between the low-level marks are actually school trust lands and thus Montana is due rent. (I have heard this cry before; they are “doing it for the children.”) As he spoke I kept wondering, “What time is it?”
Mr. Moore explained that the 1931 Montana Hydroelectric Resources Act only applies to navigable streams. Those of us on non-navigable streams have nothing to worry about…at this time. In Montana the DNRC determines the navigability of streams, unless federal legislation decides otherwise. You can relax knowing your interests are protected by the goodwill of a government agency.
While we were relaxing here in Montana, Sen. Russ Feingold (D-WI) and Rep. James Oberstar (D-MN) have introduced the Clean Water Restoration Act of 2007 (S1870 & H.R.2421). These bills replace the term “navigable waters” with the term “waters of the United States” throughout the Federal Water Pollution Control Act. If one of these bills becomes law there will be no distinction between navigable and non-navigable waters. The following will be subject to the legislative power of Congress: All lakes, rivers, streams, intermittent streams, mudflats, sand flats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, and natural ponds to the fullest extent of these waters. (That would be the high water mark.) Liberally using the term “prairie potholes”, the Jersey Lilly in Ingomar Montana becomes a water front resort in need of regulation. Currently both these bills are being examined in committee.
I have some bad news and some really bad news. The bad news is I expect Montana to selectively tighten the noose demanding back streambed rent from every water user in the state. PPL Montana has a checkbook big enough to put up a good court fight. The rest of us don’t and we will cave into the state’s demand without a whimper.
The really bad news is that this identical move is happening all across the country with respect to gun rights, property rights and personal freedom. The last two legislative sessions saw a 39% increase in the size of state government. Before you feed your family, gas up your pickup, or pay your expensive “clean and green” utility bill, the state government takes their cut out of your paycheck. The Department of Revenue eats first.
When public officials campaign for free health care, free prescription drugs, free education for all, and tax rebates for people who don’t pay taxes, remember the words of President Gerald Ford. “A government big enough to give you everything you want is a government big enough to take from you everything you have.”
You can relax knowing big government has your back. You have nothing to worry about…at this time.
