Response
by Michael Shaw to Sacramento Bee commentary by
John DeVoe,
an attorney and executive director of WaterWatch of
Oregon (DeVoe's commentary follows)
10/2/2011 concerning groundwater rights and the
Klamath Basin Restoration Agreement
California land owners need to
understand California water law. Aquifer water
belongs to the overlying land owner. Even the
California Supreme Court has consistently ruled this
to be the standard since
·
The
founding of the state. In 2000 the court ruled
consistent with prior holdings in
City of Barstow v. Mojave
Water Agency (2000) 23 Cal. 4th 1224
. The court has frequently reviewed
this standard. One has to understand that the nature
of private property in land includes all that exists
below the surface and everything above the surface.
For situations where an overdraft of the aquifer
exists there is a long and definitive process
provided by state law wherein all property owners
become limited in their pumping rights so to avoid
over pumping. This legal process is called
adjudication. DeVoe writes, “Because Klamath
groundwater and surface water are connected”. This
worn philosophy is a law avoidance scheme designed
to strip land owners of their property right to
water. It has been stealthily infused into academia
and fostered by NGO’s as being the “law”. This is
not a new idea it has been tried again and again
including here in Santa Cruz. Finally litigation
here reestablished farmers water aquifer rights and
required a water agency to refund millions in water
taxes wrongly imposed by the water district on
farmers with wells.
I suppose
an Oregon lawyer, DeVoe, can plead ignorance of
California law but land owners can afford no such
excuse. Many places in California have succumbed to the
Sustainable attack on landowner water rights. Control
the water and it becomes easy to collectivize the land.
That is the goal of such schemes as linking surface
water law to aquifer water law.
There is
another issue addressed at save rural America that I
would like to comment on. The battle connected to
fighting agenda 21 is not going to be carried by
mainstream press. The press is owned by globalists. For
instance the owner of the papers of Santa Clara, Santa
Cruz, and Monterey Counties is MediaNews Group. This
Company owns 56 newspapers across the U.S. Media News
Group is owned by Globalist Bill Gates. Our message will
never be honestly presented in nearly all newspapers. As
we came to realize this it became our objective at
freedom Advocates to ignore them more completely than
they ignore us. Be certain of this: If Globalist
controlled papers were to present our case they would
sabotage our case. The moral is watch out when
attempting to solicit friends in mainstream news.
Understand the threat that results from press and
academia bias which has been carefully, over a long
period, infused. Now Globalist policy pervades them
both. Globalists control American society by advancing
an objective (Sustainability) directed under the
globalist monetary system. Our goal is to circumvent
their systems and awaken Americans one at a time.
Otherwise we will be hijacked.
Michael
Shaw
From:
saveruralamerica-bounes@californiapatriotsforum.com
[mailto:] On Behalf Of Debbie Bacigalupi
Sent: Sunday, October 02, 2011 9:51 AM
To: Save Rural America
Subject: [DRA] Another View: Klamath pact doesn't
protect the river fishery
Share
Another
View: Klamath pact doesn't protect the river fishery
Read more:
http://www.sacbee.com/2011/10/02/3951717/klamath-pact-doesnt-protect-the.html#ixzz1ZdzXuLUU
By
John DeVoe
Published:
Sunday, Oct. 2, 2011 - 12:00 am | Page 2E
John DeVoe,
an attorney and executive director of WaterWatch of
Oregon, is responding to the Sept. 25 Viewpoints article
"Klamath restoration plan deserves congressional
support" which stated: "The agreements would balance
water
use in the basin in a manner that gives
agriculture greater water security while enhancing flows
in the river at critical times of year for salmon."
While
WaterWatch of Oregon supports Klamath River dam removal
and has spent decades working toward a sustainable
future for the Klamath Basin, we have joined several
Oregon and California conservation groups and at least
one Native American tribe in opposing the Klamath Basin
Restoration Agreement as unscientific, unsustainable and
fiscally irresponsible. We believe the Klamath's natural
resources and communities deserve better.
Proponents of
the agreement frequently spout platitudes about the deal
but ignore its critical shortcomings when claiming it
will resolve the Klamath's fundamental problem –
competition over water. Because the deal fails to
balance the water budget in the basin, it guarantees the
conflict will continue.
Though it
promises specific
water
deliveries for irrigation, the agreement
fails to guarantee any minimum flows for fish and fails
to permanently reduce irrigation to a level that will
produce stream flows consistent with the best available
science, tribal trust responsibility and Endangered
Species Act requirements.
The agreement
fails to meet the lowest ecological standards. The
deal's irrigation water guarantees would regularly cause
stream flows to drop below minimum ecological base flows
needed for fish survival. Projections indicate high-risk
stream flows throughout August for 48 percent of future
years, throughout September for 25 percent of years,
throughout October and November for at least 98 percent
of all future years. Overall, stream flows are projected
to drop to dangerous and potentially lethal levels an
average of four months each year.
To address
this shortcoming, supporters propose a vague drought
plan echoing previous Klamath water banks. Judging from
history, leasing water to bring flows above the
ecological
danger zone
would cost an average of $5 million a year or $250
million over the deal's time span – an extraordinary
price to maintain fish conditions at barest survival
levels. Flows sufficient for actual salmon recovery
would cost more.
Moreover, the
U.S. Geological Survey
found previous Klamath water banking to be unsustainably
reliant on groundwater pumping. Because Klamath
groundwater and surface water are connected, over time,
pumping groundwater to maintain stream flows robs Peter
to pay Paul. Fifty years of water banking is neither
fiscally nor environmentally sustainable.
Adequate
stream flows to meet long-term recovery needs for
Klamath salmon and other fish will require reduced
water
use and better
water management.
Congress must include concrete, science-based stream
flow assurances in emerging federal legislation.
Only then
will we have a chance of achieving peace on the river
and a sustainable, vibrant future for region's
communities.
Read more:
http://www.sacbee.com/2011/10/02/3951717/klamath-pact-doesnt-protect-the.html#ixzz1ZdzI5Jmw
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