The next morning I put on my boots, got a shovel out of the barn, walked up the hill to the little family graveyard, and dug up the iron box Earl set into the ground at the foot of his daddys headstone in 1981, and what was in it stopped the golf course at my fence line.
The developers daughter had stood at Earls gate in her heels and told me theyd build up to my fence, that my well would go dry, that Id sell for half, and that theyd have Earls parents graves, and Earl, relocated, because it is legal and it happens all the time.
She was wrong about the water, and she was wrong about the graves, and the proof was in that iron box.
My husband did two things in 1981 that this girl in heels never dreamed of, he legally established our family cemetery as a protected burial ground under Montana law, and he filed and recorded senior water rights on our well that predate every other claim in the valley, so their threat to dry me out was empty and their plan to move Earl was against the law.
In the West, water is everything, and Earl knew it. His recorded water rights are senior, first in time, first in right, which means when the dry years come, my well draws before their golf course draws a single drop. They cannot lower my water table without drying up their own back nine first. And a registered family cemetery cannot be relocated at a developers whim. It takes the descendants consent and a court, and this descendant says no.
The iron box held the recorded water rights and the cemetery documentation, sealed against the weather, waiting since 1981 for the day somebody came for the hill.
When the developer sent his daughter back, I did not argue. I handed her copies of the senior water rights and the protected-cemetery filing, and I said, tell your father my husband thought of the water forty years before he did, and that these graves are protected by Montana law, and that Earl is staying right where he is, next to his mother and father, on the hill he loved. Build your course up to my fence. Just know my well drinks first, and always will.
Her heels did not stand so tall after that. The course was redesigned. My forty acres, my well, and the graveyard on the hill are exactly as Earl left them.
Those graves, well have them relocated, it happens all the time, she had said. Not on this hill. My husband raised cattle for forty-six years and buried his parents up top, and he protected every acre and every drop and every grave the legal way, so that when they came, his widow only had to climb the hill with a shovel and dig up what he left.
