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Court Ends Private Property Rights:
Court Ends Private Property Rights:
All Water To Be Controlled By
All Water To Be Controlled By
Government
Government
Posted on July 27, 2014 by SurvivalBackpack ! 12 comments
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(Stephen Frank) Democrat Senator Fran
Pavley has a bill that would give the
State the responsibility of managing all
groundwater. That means the water
projects and the groundwater will be
controlled by governmentwhich will
pick the winners and loser. Government
will decide if you can use your private
propertywaterto grow your crops or
be forced at the barrel of a gun give your
water to your neighbor that paid nothing
for the well you dug and now he will use.
Want to collapse agriculture in this State literally overnight, give control of water to
government.
Now a court may have decided the issueagainst the free market, against private
property and is ordering a county to take over control of water in its domain. This is like
watching a car crash in slow motionyou see it but feel helpless to stop it.
Sacramento Superior Court Judge Allen Sumner just issued a preliminary ruling that
Siskiyou County must regulate groundwater well permits along the Scott River in
accordance with Public Trust Doctrine. This means the water now mainly used by hay
farmers also will have to be divided among commercial sports fishing, kayaking, Indian
Tribes and tourist-hotel interests.
If upheld, this is the how California will be shut down, due to water.
Lawsuit could expand state control of groundwater
July 23, 2014 By Wayne Lusvardi, Calwatchdog, 7/23/14
Sacramento Superior Court Judge Allen Sumner just issued a preliminary ruling that
Siskiyou County must regulate groundwater well permits along the Scott River in
accordance with Public Trust Doctrine. This means the water now mainly used by hay
farmers also will have to be divided among commercial sports fishing, kayaking, Indian
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Tribes and tourist-hotel interests.
The result will be more water shortages as additional political special interests divvy up a
limited supply.
The key is the Public Trust Doctrine, which was explained in a 1993 report by the
California State Lands Commission:
This Doctrine originated in early Roman law and, as incorporated into English Common
law, held that certain resources were available in common to all humankind by natural
law. Among those common resources were the air, running water, the sea and
consequently the shores of the sea. Navigable waterways were declared to be common
highways, forever free, and available to all the people for whatever public uses may be
made of those waterways.
In California, the Public Trust Doctrine historically has referred to the right of the public to
use Californias waterways to engage in commerce, navigation, and fisheries. More
recently, the doctrine has been defined by the courts as providing the public the right to
use Californias water resources for: navigation, fisheries, commerce, environmental
preservation and recreation; as ecological units for scientific study; as open space; as
environments which provide food and habitats for birds and marine life; and as
environments which favorably affect the scenery and climate of the area.
In National Audubon Society v. Superior Court of Alpine County (1983), the California
Supreme Court held that the public trust doctrine protects not only navigation,
commerce, wildlife and fishing, but also changing public needs of ecological
preservation, open space maintenance and scenic and wildlife preservation.
Court case
The Siskiyou County court case involves a recent lawsuit brought by the Environmental
Law Foundation and the Pacific Coast Federation of Fishermens Associations
against the State Water Resources Control Board and the County of Siskiyou. ELF
charged that decreased water flows in the Scott River over the past 20 years are due to
excessive agricultural extractions of groundwater that flow into the river, which has
harmed fish populations and the navigability of the river for recreational rafting and boat
fishing.
The Scott River runs 60 miles in Siskiyou County, located along the northerly state border
with Oregon. The Scott River watershed is 800 square miles. About two-thirds is
privately owned and a third publicly owned. Forty-five percent is used for forestry, 40
percent for grazing, and only 13 percent for cropland. The Scott River Groundwater
Basin is still the only one in all of California that has surface water and groundwater
legally defined as interconnected (Water Code 2500.5).
The Scott River watershed was adjudicated in 1980, meaning the normal court system
for water rights settled local disputes. The Siskiyou County Superior Court ruled that all
groundwater within 500 feet of the river was subject to court monitoring and restrictions
on pumping.
The ruling included safeguards for fish, wildlife and natural river flow under the Public
Trust Doctrine. The county issues well drilling permits outside the 500-foot zone, and the
court-appointed Watermaster does so within the 500-foot setback. However, the county
court has never appointed a Watermaster to govern well permits along the banks of the
river within the 500-foot strip.
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Writing in the June 26 issue of the California Water Law Journal, Bryan Barnhart said the
ELF suit could have sought enforcement by the state Attorney General or the modification
of the Siskiyou County court decree to assign a Watermaster for enforcement. Instead,
the ELF filed its case in a Sacramento County court seeking to expand the Public Trust
Doctrine to groundwater for the first time in California.
The Sacramento Court has issued an interim ruling that California groundwater falls within
the jurisdiction of the Public Trust Doctrine. For the interim ruling to stand under final
court review, ELF would have to prove that the Scott River is navigable and that sufficient
groundwater flows into the river for Public Trust purposes to be impaired. A superior
court ruling, however, would not set legal precedent across the entire state.
The Public Trust Doctrine also is supposed to apply only when feasible. Whether the
Scott River is navigable would have to be a factual finding of the court, as well as
whether the Doctrine is feasible during an historic drought.
Inconsistencies with lawsuit
Other developments have not deterred the ELF from filing and threatening lawsuits to
agricultural irrigation districts both in Siskiyou County and Californias Central Valley
asserting that groundwater falls within the Public Trust Doctrine:
A December 2000 study in the California Agriculture journal found that 80 percent of
the decreased water flows over 48 years in the Scott River are due to climate
change.
The recently released California Statewide Groundwater Elevation Monitoring study
shows Siskiyou groundwater basins are not Unmonitored.
In May 2013, the county and North Coast Regional Water Quality Control Board
sponsored a UC Davis hydrologist to develop a groundwater management tool to
better manage stream flow conditions in the Scott River.
Since 2007 the nonprofit Scott River Water Trust has increased river flows by market
leasing of farm water during fish migration periods.
Overblown lawsuits?
ELF has also sent letters to 22 water irrigation districts in the state threatening to sue if
they fail to comply with a 2009 law requiring the reporting of the measurement of
groundwater basins.
A reply came from Robert Kunde, manager for the Wheeler Ridge-Maricopa Water
Storage District in Bakersfield: We comply with the vast majority of what the law
requires. We just havent filed some paperwork to document it. He said high water
prices due to drought are driving water conservation more than the threat of regulation.
Mark Mulkay of the Kern Delta Water District in Bakersfield said his district has been
measuring water in order to charge its customers since 1965.
And nine of the purportedly noncompliant districts have already provided verification to
ELF that they are following the law. Where some water districts are too small to be able
to afford such paperwork, Ted Trimbleof the Western Canal Water District in Oroville is
working on creating a regional water plan.
Water Grab?
If the ELF case prevails in Siskiyou County, it may not be long before such legal
challenges are made againstadjudicated urban water basins upon which Southern
California depends for about 60 percent of its water supplies in a dry year.
The recent $10.5 billion proposed water bond that recently failed in the California Senate
included $150 million for projects proximate to major metropolitan cities for a river that
has an adopted revitalization plan (alluding to the proposed Los Angeles River
Revitalization Master Plan). All such a project needs besides money is more water than
the trickle that travels down the concrete-lined flood channels today. And the only place
to get that water is from local groundwater basins. Water is turning into an elixir for
ecological redevelopment projects.
At stake in the Siskiyou County groundwater case for both rural and urban
groundwater users may be more than a drop in the bucket. Making room for kayaking
in the Scott River may also make way for it in the Los Angeles River by diverting drinking
water from residential users to kayakers and water-oriented real estate development in a
replay of Chinatown.
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Category: News | Tags: water
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12 Comments survivalbackpack Login
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! Reply !
JTD ! 16 hours ago
Damn, I'm 98% water. go ahead bottle me, but don't expect me to be a fruit drink.
Stupid article. Stupid government. People, simply tell the government and the courts to
go to hell. A constitutionally unauthoritive law is not to be obeyed. Note: Guys in black
with guns should be very careful, life is short don't make it any shorter.

11
Humanshield ! 15 hours ago
Under this doctrine the court may also decide that you must share you home, food,
clothes, spouse and kids with all those illegals being bused across the border. Oh
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clothes, spouse and kids with all those illegals being bused across the border. Oh
excuse me, I meant to say those poor, homeless refugees.

6
! Reply !
fatwillie ! 7 hours ago
The govt. cannot control anything unless you let them. Rise up and stand up to the
tyranny and see how fast it or they will crumble.

3
! Reply !
RJ O'Guillory ! 12 hours ago
...one day...someone who doesn't like the unconstitutional nature of these corrupt court
rulings..is simply going to start blowing the heads off of these leper judges who make
their rulings based upon how much they have been paid to look the other way...that will
be a good day indeed....
RJ O'Guillory
Author-
Webster Groves - The Life of an Insane Family

2
! Reply !
watchdogmom ! 2 hours ago
null and void-"Unconstitutional"

1
! Reply !
dusel1 ! 4 hours ago
So, can we sue the gov-mint after flood waters destroy my home? It's their water,
afterall.

1
! Reply !
ponomo ! 6 hours ago
deport WDC CORP

1
! Reply !
George Reichel ! 13 hours ago
USSA

1
! Reply !
Carroll Price ! 9 hours ago
Ground water does not belong to individuals. It is a natural resource that belongs to
everyone. As such it should be protected and regulated by government that represents
all the people.

1
! Reply !
Horus Shepard ! 8 hours ago Carroll Price
"....government that represents all the people" Yeaaaah, your common sense
stopped with that sentence.

5
Carroll Price ! 4 hours ago Horus Shepard
Bad government is the fault of people. However, government is
absolutely necessary for the survival of the human race. At any rate we
certainly cannot leave ground water usage (or any other indispensable
natural resource) to the whelm of private individuals, big business and
corporations who, due to greed and personal gain will drain the last drop
of water from public lakes and aquifers while scrambling for more. A
case in point is that in a very short time, commercial market hunters
reduced the vast wild duck and fish population in this country and
American Bison herds to the brink of extinction prior to federal hunting
and fishing regulations bringing it to a halt. Free market capitalism is fine
and dandy as long as it's controlled and regulated, but absent sensible
regulations, will lead to disaster for everyone including individuals who
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! Reply !
regulations, will lead to disaster for everyone including individuals who
harbor the foolish, short-sighted notion that everyone should be free to
do exactly as they please regardless of the long-range consequences to
nature and welfare of the general public.


! Reply !
dfacts ! an hour ago Carroll Price
bs


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