Musselshell County Commissioners,
The initial manifestation of the Musselshell-Judith Rural Water System, a 250-mile-long water piping system, was to offer communities and citizens with safe, clean drinking water of a sufficient volume, where that community possessed a critical NEED. Whether the water need was to meet a public health quality standard when not locally attainable, or the need for sufficient volume required to meet governmental controls. Initially, this water project's inception was to meet those critical needs of very specifically pinpointed communities along an attainable and permissible route. This summary is abstracted from a statement-presentation of the Musselshell-Judith Regional Water System to the US House of Representatives, Natural Resources Subcommittee on Water, Oceans and Wildlife, urging the passing of H.R. 967. (Date not specified, sourced through congress.org).
The issue that now presents itself is this: The Musselshell-Judith Rural Water System project, more locally known as the Proposed Central Musselshell County Water District, has morphed into the possibility of capturing private property and individual wealth to serve water as a CONVENIENCE due to FORCED INCLUSION in water district boundaries, and further, forced financial participation.
The Roundup Mesa land development project has no publicly recorded data available reflecting conditions of a persistent or eminent health crisis, nor warnings for water consumption by its residents. Neither has there been a recorded death due to dehydration. Additionally, there is no existing duty of the government to mandate or facilitate a supply of water to this area. There is no publicly definable critical need, nor governmental assistance required, in the Roundup Mesa land development for a water resource that is not already in place and attainable by its parcel owners.
The Roundup Mesa land development was never initially pinpointed for inclusion in the Musselshell-Judith Rural Water System project. The Roundup Mesa land development has never met any stated design criteria, or federal grant funding criteria, for inclusion due to water quality or governmental requirements.
Therefore, participation by means of inclusion in any proposed water district boundaries should be attained by affirmation of the landowner of the legally titled parcel, who possess the authority to enter said property into a contractual agreement for participation. This affirmation should be ascribed to every single legally titled parcel. Affirmation may be inferred by existing Montana State Code (MCA), but certainly not inferred after submission of an opt-out notification.
I am requesting the Musselshell County Commissioners create and adopt a simple ordinance stating; any opt-out notification received, after a review of eligibility, will be guaranteed a water district boundary exclusion prior to the establishment and acceptance of the water district boundaries by the Commissioners. 1. No attachment to person or property claiming opt-out status, 2. No claim of benefit to land from either county or landowner, 3. Made recordable to county standards, and, 4. Run in perpetuity, until such landowner or titled parcel, petitions for inclusion in an established water district.
Musselshell County Commissioners having established this ordinance will assure Roundup Mesa landowners, and all county residents, that the Commissioners prioritize and respect individual land rights and freedoms. Establishment of the ordinance will then ensure landowners the ability to access and enjoy individual property ownership, without unwanted intrusion by government code, governmental styled agencies, unwarranted and unwanted incurrence of debt and inclusion due to others' desires for convenience.
Those that are opposed to a system of fair play, and to the points made above relating to your private property rights, are likely the same individuals who will be involved in this water district project and happily take use of your property and make unwarranted attachments to your personal wealth for their self-absorbed conveniences.
I urge the Musselshell County Commissioners not to just "kick the can down the road" and forgo the responsibilities of exclusions in the proposed water district boundaries to an unnamed, unprepared proposed water district board. The Roundup Mesa land development property owners need the Commissioners to stand up for fair play and address the issue of who should pay for bill for another's conveniences.
Edward Grime
(Roundup Mesa landowner)
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