The Glacier reporter. [volume] (Browning, Mont.) 1953-current, 1962-01-25
From The Sidelines
by Iiiff Mckay

reservation. Many INDIVIDUAL land
owners are being offered $4,000
per mile for permission to cross
their land with this line.
On the basis of running feet,
this would be the equivalent of
little more than two and one
half cents to the land owner per
foot. This isn't much when you
consider that under recently
amended Interior Department
regulations these rights-of-way
are for fifty years.
In my opinion, those who are
asked to sign rights-of-way across
their lands would do well TO ask
a few Neutrality-suspicious., such
as, what Is the purpose of this
pipe line; will the company ask
ing for permission to cross the
land re-seed the land after il is
torn up and the pipe line laid; is
the line going to carry U. s. or
Canadian gas andIor oil? IL pos
sible, IL might be best TO get
these answers in writing so there
will be no misunderstanding in
future years.
And l would strongly recon-
mend that every landowner in
vestigate the possibility Of in
GLIDING in the right-of-way a
statement that oil and gas pro-
duced on the Blackfeet Reserva-
ton will be purchased by the
pipe line operator at the prevail
ing market price and given pref
erence over imported gas andior
oil. But watch out for catch
phrases like providing market
ing and other factors are favor
able for such purchases" IL in
doubt, consult an attorney in
whom you have confidence.
We should all remember that
the oil and gas potential Of the
reservation has not been realiz-
ed, nor will il be realized unless
operators have ready market
for their products. Gas and oil
is no good If il can't be market
ed, at least, not to the landowner.
No doubt the argument will be
put to you that the building of
a pipe line will create employ
ment. But we have at least two
examples to 60 by in the past
year. Are We going to sacrifice
the chance of getting our oil and
gas prospects drilled for two or
three weeks work for 20 men.
II We aren't careful, the reser-
walton won't even be a whistle
stop for gas and oil brought in
from other countries and other
areas while we sit on our hands
waiting for another world war or
Suez crisis to cut down imports
and provide market incentives
for the drilling of reservation
prospects. Remember, fifty years
Is a long time.
Speaking of consulting attor-
neys, anyone who gets water
from a spring or a well might
be well advised to consult an
attorney regarding the ne~
ground water code passed bv the
last Montana Legislature. Under
the act, landowners are given
two years from January /, 1862 to
file claim to their vested water
rights. Claims must be filed with
the county clerk and recorder on
forms available at their offices.
Ground water has been construed
to mean any fresh water beneath
the surface of the land.
"a In a speech to the Cascade
County Bar Association, Louis
Forsell, Assistant Montana Attor-
ney General, was quoted in the
January 10 issue of the Great
Falls Tribune as saying: "Sur-
face water rights existing prior
to January I, 1862 are superior
TO any ground water right, no
matter how far back IL relates.
After January I, 1862 as between
surface and ground water rights,
seniority depends on the famil-
lar water law rule OF first in
time, first in right AS with sur
face water, the extent of a
ground water right is based on
beneficial use"
The question might be raised
that Indian landowners need not
comply with this newly enacted
law of the State. But I would ad-
wise any landowner to take no
chances. See a good attorney.
How about some volunteers for
chaperones at the Browning
Youth Center (the community
halD7 Bill Grissom has been car
rying this load all by himself,
and he badly needs help. The
hall is open from 8 pm. to 1890
pm. Wednesday nights, and from
8 pm. to 11:30 pm. Friday and
Saturday nights. Unless SO m e
volunteers come forward, il may
be necessary to close the center.
For you Tv fans, there is a good
set at the center, so you won't