By Mike
Slizewski
GateHouse News Service
August 30, 2010
Mike Slizewski Protect Our
Water – Scott Valley (POW) Vice Chairman
Mark Bair prepares to speak to the overflow
crowd at Winema Hall Saturday evening during
a water rally sponsored by his organization.
Directly behind him is POW Chairman Craig
Chenowith. Baird is shown wearing a holster
that holds a copy of the U.S. Constitution
rather than a gun.
Yreka, Calif. — More than 500 people
filled Winema Hall on the Siskiyou Golden
Fairgrounds Saturday evening to show support for
Protect Our Water – Scott Valley’s efforts to combat
what its membership believes to be an
unconstitutional attempt to control water in the
valley, use of which has traditionally been a
legally adjudicated right of property owners.
A number of attendees were seen wearing a copy of
the U.S. Constitution in their otherwise empty
holsters; organizers claim the officially
unsanctioned action was meant as a symbol that
concerned citizens were ready to protect their
constitutional rights, which they believe are being
violated in this issue.
Protect Our Water (POW) Chairman Craig Chenowith
gave a brief history of the local movement:
“Two years ago, I was asked (by the California
Department of Fish and Game) to sign the ITP
(Incidental Take Permit), and I didn’t know what it
was they wanted me to sign,” he told the crowd.
More research revealed to Chenowith that the DF&G
“wants to regulate our adjudicated water rights.”
The chairman said DF&G “finally released a 700-page
document ... (that was) open-ended, vague and
discriminatory.”
After consulting with an attorney and various
interested groups and individuals, “I invited people
into my living room three and a half months ago (to
form POW – Scott Valley), and look where we are
today,” Chenowith said, sweeping his arm across a
room that was filled to overflowing. Some attendees
were actually listening from outside the open doors
to the hall.
“Fish and Game has come onto our properties to
threaten us into signing the ITP so we could get our
(Calif. Section) 1600 permits, so that we could open
our headgates,”
Chenowith said.
A number of Scott Valley residents, all of whom have
traditionally been able to open those headgates,
releasing water for agricultural use, would fall
under the control of the DF&G, facing penalties up
to an estimated $25,000 if they don’t comply with
the new regulations, which would make opening of
headgates without a permit and permission
(particularly in low water years, when the DF&G
could conceivably keep the headgates closed in order
to protect coho salmon spawning grounds in rivers
and creeks that pass through or near Scott Valley) a
violation of the new regulations.
Chenowith told those present that the Siskiyou
County Farm Bureau “is suing Fish and Game over the
1600 agreement” and that he is optimistic for the
outcome of that lawsuit.
POW Vice Chairman Mark Baird, like Chenowith a Scott
Valley rancher, was present at that first POW
meeting at Chenowith’s home three and a half months
ago, and he, too, stated he was ready to exhaust all
avenues in the fight against what he termed an
unconstitutional take of valley water by the
government.
“Fish and Game is involved in an unprecedented take
of our rights, our water and our property in
Siskiyou County,” Baird told the crowd, “and if it
succeeds here, they’ll use it in all of California.
“They are doing this under the pretense of saving
fish,” Baird continued. “Well, we have documented
proof that the DF&G has been killing fish.
“And we believe the RCD (local Resource Conservation
District) is participating willingly – if they’re
not, then they’re not reading their mail.
“We figured out that Fish and Game wants you to
voluntarily sign that (ITP) contract ... but if you
sign this contract, you are voluntarily giving your
water right to the California Department of Fish and
Game.”
Baird asked the crowd if anyone knew why Siskiyou
County has been chosen as “the poster child” (i.e.,
the test case) on this issue.
“Now I don’t mean to insult anyone here,” he said,
“but one reason they picked Siskiyou County is that
they think we’re weak and stupid.”
He said that Siskiyou County is a large area but
sparsely populated, pointing out that this county
has one state assemblyman (Jim Nielsen, who was
present Saturday evening) that it shares with other
counties, while a city like Santa Monica has 14 to
itself.
“When a peace officer or government agent tells
you, ‘If you sign this contract, we probably won’t
violate you (for breaking the law),’” Baird
explained, “that is the very definition of extortion
(which is against the law) – even (if they do so) by
mail, and if it’s by U.S. Mail, that makes it
(extortion in violation of) federal law.”
The crowd heard from other water and property rights
speakers as well, including author Holly Swanson of
White City, Ore., whose book, “Set Up and Sold Out:
Find Out What Green Really Means” was on sale at the
event.
According to
www.pointofview.net , Swanson “ ... is a
prominent figure in property rights circles ... she
is credited with documenting and exposing the plan
to use public education to politically indoctrinate
America’s children. ... Holly is the director of the
Operation Green Out! campaign and known for her work
to get green politics out of America’s schools.”
More coverage of Saturday evening’s event will
appear in Tuesday’s Scott Valley View.
