Tag Archives: water rights

California Fish and Wildlife Persecutes Ranchers Over Water Rights

By Stephen Frank for CAPITOL REVIEW.COM

Government, by definition is corrupt and mismanaged. We have a Governor, in the middle fo a water crisis, without a water policy. He believes by NOT spending money meant for water relief, giving water to fish bait instead of farmers, refusing to waiver environmental laws so desalination plants could be build, by allowing millions of acre feet each day flow into the ocean instead of being sold—and then fining us for lengthy showers, watering lawns and growing food.

“On June 10th, 2015, a dozen or more neighbors, in a small valley, located in far northern California, helped some ranchers gain access to their water rights, which dates back to 1863. We went into the river and moved rocks. Rocks displaced by a spring flood event, in order to get the water to flow toward the fish screen, at the mouth of a one hundred year old irrigation ditch. Our neighbors needed help. They had applied for a permit some six months earlier. They watched the river levels dropping, wondering why it would take more than half a year to get permission to do such a small job. Finally, out of desperation, in order to put some water on the crops which provide for their families, more than a dozen of us answered the call for help.

Some Californians still believe in freedom and sane environmental policy. We need water, we have water, but we have government trying to control our lives and lifestyle—instead of standing out of the way and allowing freedom to help all of us.

Photo courtesy of Aquafornia, flickr

California Fish and Wildlife Persecutes Ranchers Over Water Rights

Mark Baird, Daily Surge, 7/3/15

On June 10th, 2015, a dozen or more neighbors, in a small valley, located in far northern California, helped some ranchers gain access to their water rights, which dates back to 1863. We went into the river and moved rocks. Rocks displaced by a spring flood event, in order to get the water to flow toward the fish screen, at the mouth of a one hundred year old irrigation ditch. Our neighbors needed help. They had applied for a permit some six months earlier. They watched the river levels dropping, wondering why it would take more than half a year to get permission to do such a small job. Finally, out of desperation, in order to put some water on the crops which provide for their families, more than a dozen of us answered the call for help.

We acted collectively knowing the state would have to make a decision to prosecute all of us.

California Fish and Wildlife is deciding whether to go forward with that prosecution. Cal Fish and Wildlife contends that every surface water user must ask permission prior to turning water onto their crops.

Fish and Wildlife has an agenda. California, using this agency, intends to gain control over all surface water rights in California. Water rights are real property rights in California. There is a priority system to ensure the rights are used under the “first in time, first in right doctrine”. California’s executive agencies have been locked in a battle with farmers and ranchers for decades trying to gain control over all surface and subsurface water rights in our state.

To give an idea of the ridiculous nature of this persecution, one of the potential charges contemplated against us, is the act of “unlawfully entering a wet area.” I never knew it to be a crime to step in the water. There are State Senators, County Supervisors, State Assembly people and at least one Congressman now involved in our heinous act of making a leaky ten foot long rock dam. Oh, and unlawfully entering a wet area. The reason so many of us entered the wet area to help our neighbors get their water? Because we know the Department of Fish and Wildlife is looking for someone to prosecute for failing to ask Big Brother’s permission to use adjudicated water rights. Our community is not willing to allow our friends and neighbor go this alone. Fish and Wildlife will either take all of us, or take none of us!

The open question for the people of California, as well as the rest of the United States is as follows; when is a right, not a right? A property right is not a right when it requires permission or a permit. I am reminded of Ben Franklin when he said, “Property must be secure or Liberty cannot exist.” When permission is required, permission can be denied. Fees are always involved. The State is in a position to price people out of their property rights. When does the Bill of Rights or the Charter of Rights in our State Constitution enter the process?

Article one; Section one, of the California Constitution declares that all people are free and independent by nature with certain inalienable rights. Among them, acquiring, possessing, and protecting property. Why bother to have Constitution when the agencies of the executive can ignore the Charter of Rights, or the Bill of Rights? Why are we forced to ask government every time we want to water our crops, provide drinking water to our animals, in order to provide decent lives for our children? If we are not to be denied Life, Liberty or Property, without due process, how is the executive branch of government allowed to dictate to the people they are supposed to serve, when, where and how, property can or cannot be used and how much it will cost you to use the property you own.

The people of our watershed are waiting for the other shoe to drop. We wait to see if the government of, for, and by, the people will choose to persecute us for using water we have the inalienable right to use. We will not submit. We will not abdicate our property rights to executive branch of the State of California or to any agency of that branch. To do otherwise would be to admit that we have become subjects of the Monarchy called California. Tyranny rarely fixes itself. We must all ask ourselves whether our creation, (yes, people created government, not the other way around), has become our master? This is the primary reason eight counties of California have signed Declarations and Petitions to withdraw from the State of California under Article 4, Section 3 of the United States Constitution, to form the 51st State. The State of Jefferson. Rural Northern California has no representation. We must act to restore the inalienable rights to Liberty, and Property for ourselves and for generations to come.

Feds Push For Total Control of Property Rights: “Government is Named as the Owner of ALL the Water”

My comments: This is happening all over our country. Water is the new gold, and when we lose it to the ownership of the federal government or state governments rather than by the citizens, they will control our entire livelihoods. This has already happened in CA, and it is spreading. Please be aware and check your own states. We are in grave and serious danger.

Jeremiah Johnson April 16th, 2015 SHTFplan.com

Editor’s Note: The following research and commentary shows just how far the federal government is willing to go. With the help of the EPA and State legislators they are aggressively chipping away at private property rights in America and as you’ll see from Jeremiah Johnson’s report below, they are starting with our most precious resource – water. That includes the creek in your backyard, the well under your house and even the rain that falls on your roof. Once they have control of the water, it will be they and they alone who decide whether or not you can shower daily, or water your crops, or how much drinking water will be allotted for your family – even if you have an aquifer sitting below your property . But that’s just the beginning. The dangerous precedent about to be set in Montana means they’ll have given themselves the pretext to seize anything they want. The aim, as evidenced by these and other recent actions by local, state and federal government, is to supplant all private ownership in America.

waterrights

Water Rights on the Ropes: The Last Round for Free Montanans vs. the Federal Government
By Jeremiah Johnson

This is a “rush” article submitted at the 11th hour of the battle Montanans are fighting to keep their water rights intact. The average citizen is trying to defend against the onslaughts of the Agenda 21-funded, oligarch-driven EPA (pushing the CSKT water compact) and the Federal Government. The battle is almost over and it doesn’t look good about one minute to midnight. This battle is Montana’s “Alamo” of water rights and it is very important for all of us: a loss for Montanans and a win for the Federal Government will set a nationwide precedent.

If the Federal Government and its lackeys win, the Iron Bell of tyranny will ring, and those reverberations will be felt throughout the U.S. The feds will have established through state legislation an EPA measure as a means that can be turned around and employed nationally. Taking the communist “social justice” platform and using Native Americans as the tools in the “downtrodden and protected class” role, the feds will inculcate a foothold into private property rights. With a win, the federal government will have a new technique to leverage citizens away from their individual and family private property rights.

My previous article on this subject was posted on 3/18/15, entitled FedGov Moves to Seize Water Rights from 100,000 Montanans: All Surface Water and Wells. I recommend that you read it for the background history on the Hellgate Treaty and similar actions being taken in other states by the feds. SB 262 is the bill that will, if passed, ratify the CSKT (Confederated Salish and Kootenai Tribe) water compact. There was a piece penned by Montana House Majority Leader Keith Regier, MT HD-4 Representative on 4/11/15 that explained the main concern: many Montanans will lose access to private property, and that access will be given to the Tribal members (who already have access), their heirs, and their “assigns.”

Guess who these “assigns” are? They are private companies, outdoor groups (Sierra Club, for example), and tour companies. They are the Federal Government, and the U.S. Forest Service, and Montana Fish and Game. These latter two, by the way, have supported the CSKT water compact and throughout the compact these two groups wrote language into it that exempt themselves from future legal conflicts. If this bill passes, the Unitary Management Ordinance will be created; this is a water court made up of a group of members of the tribes and others to serve as the water court of the reservation.

The aforementioned court will have one main function: to rule on issues that pertain to non-tribal members. Bottom line: it is a court that is of the tribes that will rule on Montanans by taking all Montanan’s water rights out of the hands of Montanans and placing it in the hands of the Indian Tribes. Almost 90% of all lands for agricultural use are off-reservation and the landowners have been paying property taxes for many years; however, they will now be under the jurisdiction of the tribes.

That jurisdiction (as outlined in the first article) will be regulated by the EPA and enforced by the Department of Homeland Security, with authorization of the Bureau of Indian Affairs on behalf of the Confederated Salish and Kootenai Tribes.

The Federal Government is named as the owner of all the water defined in the compact. This is stipulated in writing.

As of this writing, there are procedural hurdles that are going to be voted upon and the bill is just one step away from being signed by Gov. Steve Bullock (D, MT), the same governor that just vetoed a bill that prevented Montana’s Sheriffs from being obligated to aid Federal law enforcement from any kind of gun grabs or gun bans (pertaining to semi-auto rifles, erroneously and intentionally termed “assault rifles”). A whole slew of commies are supporting and pushing for this; they’re swaged in “harmonious-sounding” names that falsely bespeak of serving the community: The Ruby Valley Conservation District, and Farmers and Ranchers for Montana, to cite a few.

There are armies of lobbyists, purchased-puppet-politicians, and advertising campaigns in the millions pushing this communist-statist agenda. Every day on the radio, their honeyed voices proclaim the “justice, economic benefits, and overall goodness” of a compact that will completely abrogate and nullify water rights and all but end private property. Every piece of land in Western Montana with a well will now have a regulator coming to tax and control it.

There will be another vote at the time this writing hits the site. I would appreciate any and all comments and useful information that you guys and gals can find out there pertaining to this and other power grabs of this nature. When does it end? Well, how it will end is not a question for some. Anyone who sets foot on private land to try and regulate water, perhaps AC/DC’s song, “Have a Drink on Me,” will be cranked up to the max. Bet you can guess what type of “instrument” will be “playing” in accompaniment to the tune! Hope you guys and gals are well, and I look forward to hearing from you. Keep us in your prayers, readers: we’ll need it.


Jeremiah Johnson is the Nom de plume of a retired Green Beret of the United States Army Special Forces (Airborne). Mr. Johnson is also a Gunsmith, a Certified Master Herbalist, a Montana Master Food Preserver, and a graduate of the U.S. Army’s SERE school (Survival Evasion Resistance Escape). He lives in a cabin in the mountains of Western Montana with his wife and three cats. You can follow Jeremiah’s regular writings at SHTFplan.com.

This article may be republished or excerpted with proper attribution to the author and a link to www.SHTFplan.com.