Friends of Idaho Watersheds Project

News Release
November 18, 1998
Idaho Watersheds Project Sues The State of Idaho Over the Constitutionality of H.J.R. 6

Today, Idaho Watersheds Project filed suit in the Idaho Supreme Court
asking for a Writ of Prohibition against the implementation of House Joint
Resolution #6. This constitutional amendment, which was passed by the
electorate on November 3rd 1998, amends the Idaho Constitution in two
different ways relating to the management of Idaho school endowment lands:
first it amends Article IX Section 4 to create a new "land bank fund", and
second, it amends Article IX Section 8 by changing the word "disposal" to
"sale" with respect to the public auction requirement of the Idaho
Constitution.

Jon Marvel, President of Idaho Watersheds Project, stated: "The Office of
the Attorney-General inserted a hidden and malicious change in the Idaho
Constitution as part of H.J.R. 6 and then sought to confuse and mislead
Idaho voters on its effects. This fraud, if successful, will enable gifts
of leaseholds on Idaho school endowment trust lands rivaling the "Great
Barbecue" lands giveaways of the late nineteenth century."

The Petition for Writ of Prohibition and accompanying Brief charge that the
adoption of H.J.R. 6 violates Article XX Section 2 of the Idaho
Constitution which states that "if two (2) or more amendments are proposed,
they shall be submitted in such manner that electors shall vote for or
against each of them separately." In this case the electorate was denied
the right to vote separately on the two amendments. The amendment also
violates Article XX Section 1 of the Idaho Constitution and relevant
sections of Idaho Code 67-913 which require that the full text of an
amendment be published, something which was not done; and finally, the
amendment violates Article XX Section 1 and due process provisions of the
Idaho Constitution due to the incomprehensible, misleading, and inaccurate
proposals, statements, and explanations which were presented to the
electorate in considering the ballot measures.

Idaho Watersheds Project is ably represented in this filing by Mr. William
Eddy and Mr. Laird Lucas of the Land and Water Fund of the Rockies.