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Browsing the archives for the Threats to agriculture category.

Farmer heads to trial for … selling milk

Agriculture, Threats to agriculture

WND EXCLUSIVE

Food rights activists schedule rally in support of Hershberger

The long-delayed trial for a Wisconsin farmer accused of selling milk is scheduled to begin soon amid the protests of supporters who believe authorities are stepping over the line.

The Wisconsin Department of Agricultural Trade and Consumer Protection has charged Vernon Hershberger with selling milk without a retail license.

His argument? He was only providing food products to paid members in a private buying club that should not fall under the state’s commercial retail regulations.

The trial originally was scheduled for last year.

Now, activists plan to meet May 20 in Baraboo, Wis., to support Hershberger, who is to face the beginning of a trial that day on four criminal misdemeanors that carry the  penalty of up to 30 months in jail with fines of more than $10,000.

Find out how to reclaim your health!

State officials allege he was running a retail food establishment without a license.

“There is more at stake here than just a farmer and his few customers,” said Hershberger, “This is about the fundamental right of farmers and consumers to engage in peaceful, private, mutually consenting agreements for food, without additional oversight.”

Last year, food-rights activists from around the country stood in support of Hershberger at a pre-trial hearing. They read and signed a “Declaration of Food Independence” that asserts inherent rights in food choice.

After court proceedings each day during the trial, activists and others will gather at the Al Ringling Theater across the street from the courthouse and hear presentations by leaders in the food-rights movement. Notable speakers include Virginia farmer Joel Salatin, Mountain Man show star Eustace Conway and Maine food-rights organizer Deborah Evans.

Hershberger, like several others around the country, is facing charges for providing fresh foods to customers. In recent months the Food and Drug Administration  has conducted several undercover sting operations and raids against farmers and buying clubs that have resulted in farms shutting down and consumers without access to the food they depend on.

WND has reported on the dispute that has swept across the country.

The Farm to Consumers Legal Defense Fund said the case already has created ripples across the industry.

In Wisconsin, while the state Department of Agriculture “once supported farmers who offered raw dairy through direct-to-consumer sales,” the state agency has reversed its position under pressure from the FDA.

When the state legislature tried to block the newly developing crackdown on farmers who provide their products directly to consumers, the governor vetoed the proposal.

In the case, the state of Wisconsin is arguing it can regulate when consumers gain access to such products through private deals.

Pete Kennedy in a Farm-to-Consumer Legal Defense Fund commentary on the case wrote that the evidence will show that Hershberger had private contractual arrangements with the purchasers to provide the food.

“If Hershberger is convicted of the charges against him, it could have a chilling effect on consumer access to raw milk for those who don’t own and board their own cows. The farmer currently is leasing his cows to the Right to Choose Healthy Food Buyers Club,” he said earlier as the case was beginning to develop.

Kennedy noted that in a similar argument, a Dane County Circuit Court judge ruled that “owners of cows boarded at the Zinniker farm in Elkhorn could not legally obtain raw milk produced by their own cows at the farm.”

WND previously reported when the Weston A. Price Foundation criticized a federal study about outbreaks of illness blamed on raw milk. The Centers for Disease Control report said outbreaks because of raw milk were 150 times greater than outbreaks attributed to pasteurized milk, citing statistics from a 13-year period ending in 2006.

But the Price Foundation said the results were skewed because of the way federal report authors “cherry picked” data.

Sally Fallon Morell, president of the Weston A. Price Foundation, said the study listed an average of 315 illnesses a year “from all dairy products for which the pasteurization status was known.”

“Of those, there was an average of 112 illnesses each year attributed to all raw dairy products and 203 associated with pasteurized dairy products,” she said of the study period ending in 2006.

“The CDC’s data shows that there were significant outbreaks of foodborne illness linked to pasteurized dairy products the very next year, in 2007: 135 people became ill from pasteurized cheese contaminated with e.coli, and three people died from pasteurized milk contaminated with listeria,” the Price Foundation report said.

And shortly before the time frame for the study, there were 16,000 confirmed cases of Salmonella traced to pasteurized milk from a single dairy, the foundation reported.

The foundation suggested that the time frame was picked by government reporters to portray raw milk in a negative light.

It was in another case that the judge ruled that Americans simply do not have a right to choose their food, not even when they own the cows and the milk.

The judge decided in a fight over families’ access to milk from cows they own that Americans “do not have a fundamental right to consume the milk from their own cow.”

Circuit Court Judge Patrick J. Fiedler said the families who reported they were boarding their cows for a fee and then getting the milk instead were running a “dairy farm.”

“It’s always a surprise when a judge says you don’t have the fundamental right to consume the foods of your choice,” said Kennedy.

The judge wrote:

http://www.wnd.com/2013/05/farmer-heads-to-trial-for-selling-milk/

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Upper Klamath Basin braces for irrigation shutoffs

Agriculture, Klamath River & Dams, Threats to agriculture, Tom Mallams-Klamath Co Commissioner, Tribes

 Posted: Wednesday, May 08, 2013 8:56 AM

Capital Press

GRANTS PASS, Ore. (AP) — With drought looming, the state of Oregon is preparing for the likelihood it will have to shut off irrigation access for many of the 200 cattle ranchers and hay farmers in the upper Klamath Basin as the Klamath Tribes take control of senior water rights in the region for the first time in a century.

Since a formal declaration of drought last month, representatives of the governor’s office have been making regular visits to Klamath County to brief local law enforcement and other officials on what they can expect if irrigation withdrawals are shut off. A nearby federal irrigation project saw weeks of bitter protests in 2001 when drought triggered a water shut-off to conserve flows for protected fish.

“Now if there are shortages of water in the basin, people can request that newer more junior water rights are shut off so older water rights can be satisfied,” Richard Whitman, natural resources adviser to the governor, said in a telephone interview Tuesday. “There is a fairly high likelihood of that happening in the upper Klamath Basin this year.”

Snowpack in the Cascade Range is thin, and prospects are diminishing for a wet spring. The state of Oregon earlier this year recognized the findings of a lengthy legal process known as adjudication that gave the tribes the most senior rights to the majority of the water flowing into Upper Klamath Lake, dating to time immemorial.

Don Gentry, chairman-elect of the Klamath Tribes, said no decision has been made yet, but it is likely the tribes will exercise the senior water rights granted earlier this year to protect endangered sucker fish, which spawn in rivers running into Upper Klamath Lake. The tribes are closely monitoring the flows in the rivers, which are already below the levels covered by their water rights, and a decision is likely in coming weeks.

“Given the endangered status of our (short-nosed sucker and Lost River sucker) fisheries, we have to do everything we can to protect them,” Gentry said. “They are on the brink of extinction.”

The largely independent irrigators on the Williamson, Sprague and Wood rivers, which flow into Upper Klamath Lake through the communities of Beatty, Chiloquin and Fort Klamath, escaped the irrigation shutoffs of 2001, when drought forced a shutdown of irrigation on most of the land covered by the Klamath Reclamation Project to save water for threatened salmon and endangered sucker fish.

The shut-off triggered angry confrontations between farmers demanding their water, and federal authorities who shut it off under the demands of the Endangered Species Act. Some turned their anger toward the tribes because they supported devoting scarce water to fish.

The places are reversed this year. Farmers on the federal irrigation project straddling the Oregon-California border have made agreements with the tribes protecting their access to water, and won their own senior water rights in the upper basin. They have also joined the tribes in endorsing the removal of four aging hydroelectric dams on the Klamath River to help struggling salmon runs.

Many farms and ranches in the upper basin started withdrawing water May 1, and if a shut-off is ordered, they will lose crops of hay and alfalfa, said Tom Mallams, a Beatty hay farmer, Klamath County Commissioner, and Tea Party member. The threat of shutoffs has already hurt ranchers, who have lost contracts to feed cattle from California on irrigated pasture, he said.

Mallams is one of about 65 upper basin irrigators who have formally challenged the tribes’ water rights, hoping to have them overturned in the second phase of the adjudication process.

“I have talked to neighbors, talked to irrigators, talked to friends,” he said. “I hope that nothing bad happens here. But if something bad happens, I am going to point the finger at the state Water Resources Department and state leadership as the cause of it. The process they used has been very biased, very selective, in how they did the adjudication process.”

http://www.capitalpress.com/newsletter/AP-klamath-basin-050813

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RURAL AMERICA IN THE CROSSHAIRS

Agriculture, Threats to agriculture

By Ron Ewart
May 7, 2013
NewsWithViews.com

“There is no week, day, or hour when tyranny may not enter upon this country, if the people lose their roughness and spirit of defiance.” —Walt Whitman

Back in 2004, we were involved, with several other rural landowners, in opposing a particularly onerous proposed environmental ordinance in our county. We gave testimony at several public hearings and we organized quite a few public protests at which several dozen landowners turned out. We even got some of the local media to attend our protests. We also wrote many guest editorials and letters to the editors outlining our objections. In spite of a fairly significant turnout by the effected rural landowners, the Democrats on the county council, that held the majority, passed the ordinance into law literally in the dead of night, in spite of vociferous opposition and over 100 amendments put forth by the Republicans.

The county council at the time consisted of thirteen members, 7 Democrats and 6 Republicans. Two of those Republicans represented the rural areas of the county ….. only two. The rest of the council members were elected by the urban population and held an urban mindset when it came to zoning, the environment and land use issues. In effect, the rural landowners of the county were disenfranchised from any political outcome. They had to “eat” whatever the urban representatives dished out to them. The upshot was that rural landowners were being forced to bear almost the entire burden of environmental protection, while their city brethren got off virtually scot-free.

We debated an environmentalist on a radio show at one time during the debate over the ordinance and he kept saying that: “we have to protect OUR rural lands.” On three occasions during the show we had to remind him that the rural lands did not belong to him or anyone else in the big city. Rural lands belong to real people who paid for their land and worked their land and those landowners have constitutional rights.

Upon further investigation we found that these kinds of ordinances were being inflicted on rural landowners all over America, mostly driven by the United Nations Agenda 21 policies of so-called sustainable development, livable communities, public transportation and smart growth. It was at that moment in late 2005, having over 30 years experience in land use issues, we decided to form the National Association of Rural Landowners (NARLO) to act as an advocate for the rights and interests of rural landowners everywhere. To that end we established a website that provides relevant information to all American rural landowners, along with some tools that rural landowners can use to protect their rights and interests.

As the organization became more widely known, we started receiving calls and e-mails from rural landowners from all over America about how they were being affected by zoning, land use, eminent domain abuse, environmental protection and endangered species laws. Some of their stories were horrific. Many lost their life’s saving fighting either the local, state, or the federal government. Some lost their property and ended up penniless and on the street. Still others ended up in jail. Many, still in the throws of the fight with government, asked for our help. Some we could help. Others we could not because their fight had gone past the point of a reasonable resolution.

MORE:

 http://www.newswithviews.com/Ewart/ron100.htm

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Living With Wolves: The Cost for Ranchers

Agriculture, cattle, Threats to agriculture, Wolves

Living With Wolves: The Cost for Ranchers

By Mark Holyoak/KPAX

Idaho for Wildlife.com

 http://www.idahoforwildlife.com/Website%20articles/Living%20with%20wolves-%20the%20cost%20for%20ranchers.html

wolf3Posted: Feb 15, 2010 7:08 PM
Updated: Feb 17, 2010 6:02 PM

As  wolves spread across the Montana landscape, ranchers find themselves  looking over their shoulder to protect their animals and their  livelihood.

Last year alone, there were at least 367 confirmed wolf kills of livestock – and there are at least six so far this year.

But for long-time cattleman Ron Skinner near Drummond, the cost of wolves runs much deeper than an occasional cow carcass.

It’s  auction day on Ron Skinner’s ranch in Hall, where fellow ranchers  bought 174 of his cattle, but it’s the money that got away that really  hurts.

Skinner  explained, “”We had severe weight loss in calves that came out of wolf  areas compared to calves where there are no wolves.”

Those  heifer calves were an average of 97 pounds lighter than others. With  the going rate of beef at 93 cents per pound – that’s a $90.21 loss per  animal. Multiplied by 150, that’s a loss of $13,531.

A more  visually disturbing loss is wolf depredation, with Skinner noting, “I’m  a purebred breeder.  This was an embryo transplant heifer and she was  worth a lot of money and we don’t know what she would produce in her  lifetime, but the compensation wasn’t even close.”

On a  nearby mountain, we come across a still-warm elk carcass–tangible  evidence of perhaps Skinner’s greatest problem. Skinner said, “The  environmental damages and range management damages are worse than  depredation.”

Skinner leases this land to graze his cattle, but  he’s not getting anywhere near his money’s worth from it because wolves  continually push the cattle off the grassy slopes, away from the feed,  and back into over-grazed riparian areas below, forcing him to buy 200  extra tons of hay this year.

Skinner says there are many other  wolf-related effects on ranchers such as stress, which can lead to  lower pregnancy rates and young cattle that don’t grade as high, extra  manpower to monitor wolf activity, injury to livestock, damage to  fences and danger to humans – like when wolves showed up in his corrals  right next to his house driving the black bulls through the fence onto  the highway at night.

“The first thing I did was get on the road  with my flashers so somebody didn’t get killed and it will eventually  happen,” Skinner remarked.

Despite the constant threat  of wolves, Skinner carries on as a third-generation Montana rancher  with a wary eye on the future.

Skinner said, “The  real question is, do you want ranchers to produce food for you?  If we  go through the economic pressures of wolves, some ranchers won’t  survive.”

The Willow Creek wolf pack preyed on sheep and cattle  belonging to Hall ranchers in 2008, so wildlife officials removed its  15 members. But three new wolves returned this past summer, killing  another calf and a heifer.

Tomorrow in our “Living with Wolves” series, we’ll look at how wildlife managers track and manage Montana’s wolves.

Related Articles

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Liberty Scene: EPA, Water Rights, Keystone XL Pipeline, Sage Grouse, Ron Arnold

Endangered Species Act, Greenies & grant $, Property rights, Supreme Ct. rulings, Threats to agriculture, Water rights

IN THE NEWS

 Liberty Scene

Liberty and Property Rights Coalition

EPA’s Secret Deals with Environmentalists

The EPA is under investigation for a practice called Sue and Settle. Environmentalists in government and private organizations have found ways to create new regulations by fashioning lawsuits tailored to have courts institute policy changes. Both parties involved in the lawsuits secretly decide in advance what the outcome will be and how much taxpayer money will be transferred to the environmental group in the settlement. In other words, they are exploiting the courts to change laws, and in the process, helping to fund radical environmental groups without legislative or taxpayer consent. Millions of taxpayer dollars have been given to these groups.

(You Tube)

Pacific Legal Foundation asks Supreme Court to Protect Western Water Rights

Recently, PLF attorneys filed an amicus brief with the U.S. Supreme Court in support of the estates of Nevada ranchers, E. Wayne and Jane Hage. The Hages, and their children, have been fighting for over twenty years to preserve their water rights from federal agencies.

Water rights, like those owned by the Hages, are essential to ranching and other natural resource industries throughout the western United States. In their case, a federal agency interfered with the Hages’ rights to access and maintain the flow of water to their ranch. The U.S. Claims Court determined that the agency’s actions resulted in physical and regulatory takings of their water rights. The Federal Circuit Court of Appeals, however, reversed the trial court’s conclusion without addressing the merits of their claims. The court held that the Hages’ case—which arose nearly a quarter century ago—is premature!

(Pacific Legal Foundation)

Is Corporate Funding of Environmental Groups a Form of Hush Money and Necessary Cost of Business?

IDAHO FALLS, Idaho – The Sierra Club, a group with a documented history of shilling for cash accused via Twitter this morning the oil and gas lobby of buying support for the Keystone XL pipeline.

The Sierra Club took a shot at the American Petroleum Institute, a pro-oil and gas development group, with this tweet: (See article)

(Watchdog.org)

A New Spotted Owl?

The western sage grouse is just the latest in the long list of endangered species which have been successfully used by their environmental proponents as economic weapons of destruction in the West.  After the spotted owl was listed as an endangered species in the 1990’s the western timber industry was eradicated from our nation’s forests, leaving the timber to rot from disease and be consumed by catastrophic fires.

Thirty Clark County, Nevada ranchers went broke as a result of the ESA listing of the desert tortoise.  Tortoise eggs were determined to be in danger of cows stepping on them.  Despite the fact that cattle, sheep and tortoises had cohabitated in the southern Nevada desert for more than a century, ranchers were forced to abandon their vested water rights and forage rights for the tortoise.  Once the lands were cleared of ranchers then Nevada BLM Chief, Bob Abby pursued a public land selling spree to Las Vegas developers armed with excavators and paving equipment.  (Emails Link Former Chief of the BLM’s Ex BLM Chief Bob Abbey to Henderson, NV Land Scandal) Environmentalists and bureaucrats were suddenly mute on the subject of the desert tortoise.

History shows that endangered species listings have less to do with saving the lives of animals and more to do with taking property and water rights by circumventing that pesky provision in the Constitution—just compensation.  See this special report in Range Magazine about the new spotted owl, “The Sage Grouse”.

(Range Magazine)

 

Ron Arnold: A Journalism Nonprofit’s Nonagenda Agenda

Among the standout names of outfits recently whacking the Donors Trust is the nonprofit investigative journalism organization known as the Center for Public Integrity. To many, the group’s name seems presumptuous and agenda-laden, despite its insistence that it is “nonpartisan and does no advocacy work.”

(Washington Examiner)

 

The Liberty and Property Rights Coalition is committed to promoting and preserving Constitutional rights to liberty and property in public policy and the law.

For more information or to be removed from this list email rhmorrison@sbcglobal.net.

A service of Liberty and Property Rights Coalition 2013

 

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Wolf relocation bill dead, cattle leader says

Agriculture, Threats to agriculture, Wolves

PNP comment: Too bad, cuz the wolf-lovers should have the wolves living in their front yards. — Editor Liz Bowen

http://www.capitalpress.com/content/mw-Wolf-meeting-recap-020613-art?utm_sou

Matthew Weaver/Capital Press

Washington Cattlemen’s Association Executive Vice President Jack Field provides an update on state wolf legislation as Colville, Wash., rancher Jeff Dawson looks on. Field and Dawson spoke during a seminar at the Spokane Ag Expo and Pacific Northwest Farm Forum Feb. 6 in Spokane.


Matthew Weaver/Capital Press

February 6, 2013

Washington Cattlemen’s Association Executive Vice President Jack Field provides an update on state wolf legislation as Colville, Wash., rancher Jeff Dawson looks on. Field and Dawson spoke during a seminar at the Spokane Ag Expo and Pacific Northwest Farm Forum Feb. 6 in Spokane.

By MATTHEW WEAVER

Capital Press

An Eastern Washington lawmaker’s bill to relocate wolves near supporters on the west side of the state has died in committee, a cattle industry leader says.

But Washington Cattlemen’s Association Executive Vice President Jack Field said the industry will remain vigilant on other proposals as they go before state House of Representatives and Senate committees.

Wauconda, Wash., Rep. Joel Kretz’s bill was pulled by House leadership because it was “unfavorable,” Field said. But he said the bill was the subject of much conversation on both sides of the issue.

Other bills in the state legislature include:

* House Bill 1191 relates to protection of livestock against predator attacks, requiring the state Department of Fish and Wildlife to establish rules authorizing livestock owners or managers to kill a predator.

* House Bill 1219 gives big game status to wolves and corrects livestock depredation compensations.

* House Bill 1337, another bill by Kretz, prohibits the state from giving a different level of wildlife protection than the federal government.

* House Bill 1500 focuses on funding mechanisms and creating an account for preventative and compensation measures.

“Any one of those House bills could pass and we’d could all say we did something good for the (state’s) wolf plan,” Field said.

Senate Bill 5300, by Sen. Kevin Ranker, D-Orcas Island, would mandate any operator on public lands to obtain a cooperative agreement with the state on handling wolves. Ranker has criticized the department for killing wolves in the Wedge Wolf Pack after the wolves had preyed on livestock.

“The problem is that it totally takes the voluntary spirit of an agreement and flushes it out the window if it says you have to do this,” Field said. “(Ranker) wants to see more done in terms of the livestock community and grazing on public lands to ensure we’re doing everything possible non-lethally to prevent wolf impacts or mitigate conflict.”

Field said bills allowing proactive lethal take of wolves are not likely to move out of committee.

Field and other industry members provided an update on the wolf impact to livestock producers at the Spokane Ag Expo and Pacific Northwest Farm Forum.

Rancher Jeff Dawson said the state paid roughly $22,000 to fund a pilot range rider program for seven months on his operation, working out to about $17.75 per head on his ranch.

Dawson said he paid about $6,000 toward the program.

The program increased weaning rates back to the point they were before wolves started preying on his cattle, Dawson said.

Dawson said he would not be able to afford the total cost of the program.

“I don’t feel the burden should fall on the livestock producer to pay that,” he said.

Field said the pilot program is good because it gives the public the opportunity to share the economic burden of endangered species recovery.

“Right now you’ve got an undue economic hardship being felt on stakeholders directly impacted,” Field said. “Everybody making a living off the land is having a direct negative impact.”

Dawson encouraged farmers to maintain good documentation on everything, and maintain the paperwork with partnering agencies in case the need arises to defend it in court.

He said wolf supporters are hiring people this summer to assess allotments where wolves were removed to try to find other problems.

“Their assessment is going to be based on water quality, forage analysis,” Dawson said. “Everything you think of in the book is going to be thrown at that assessment. It’s going to be seeing if you have met the standards you are mandated to meet.”

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Report says dam removal good for Klamath salmon

KBRA or KHSA, Klamath River & Dams, Salmon and fish, Threats to agriculture

PNP comment: Whoever made this report clearly wrote it up, just like Jeff Barnard continues to spin everything for the Greenies in his articles. Oops, I should have known that Dennis Lynch of USGS had his fingerprints all over it. He sat and lied to us during the EIS/EIR meeting Oct. 20, 2011 at the Siskiyou Fairgrounds. Three-quarters of the public testifying were against dam removal — most for very specific reasons.

The science used in favor of dam removal is fraudulent. They only put in the parts that support dam removal. Mark Stopher, of CA. DFG, on April 1, 2010 admitted that the years it will take to destroy and remove the huge dams will affect salmon runs. WHAT? It is OK for the government to kill salmon, but if the public does there are huge fines. Oh, wait a minute, we can prove the government is culprit of killing young salmon at the fish hatchery. — Editor Liz Bowen

P.S. I believe “they” are trying to put pressure on Congress to cough up the millions of dollars for dam removal. Hopefully, the U.S. House of Representatives will hold the line. Mostly, because there have now been eight scientists fired or chastized for questioning how the science is being used and blantant statements by DOI Sec. Ken Salazar.

P.S.S. Also we customers of PacifiCorp are already paying for the company’s cost of dam removal. Yep, we are and we have fought it at the California PUC (commission) level to NO avail. The CPUC only added a second surcharge to our bill. Yep, I’ve got bills to prove it. 

Oh, and the 2002 salmon die-off was manipulated by the government, which pulsed the water from Trinity dam beinging chinook salmon up the Klamath River early during the heat and drought of August.

I, and others, also claim they poisoned the water in the Yurok stretch of land where the slamon died. Asneye-witnesses got there within 12 hours and saw that ALL the fish and critters were dead. Also U.S. Fish and Wildlife Service didn’t get there until 8 days later (they were an hour or so drive from their Eureka office) but when they got there, they only kept one fish for an autopsy? Shockingly, inept!

This whole thing stinks and the blame is always pointed upland to farmers in Scott and Shasta Valleys. I think they want our land. – Editor Liz Bowen

By JEFF BARNARD     AP Environmental Writer

Posted:   02/04/2013 11:46:28 AM PST

Updated:   02/04/2013 04:38:40 PM PST

 Mercury News.com

 San Jose, CA.

GRANTS PASS, Ore.—A federal report says removing four hydroelectric dams on the Klamath River in Oregon and California and restoring ecosystems will produce a big increase in salmon harvests and boost farm revenues.

The 400-page report was produced by federal scientists to help the secretary of Interior evaluate whether it is in the public interest to go ahead with the  $1 billion project, which is considered the biggest dam removal in U.S. history if it goes through as planned in 2020.

“In the long run, all the anadramous fish  (salmon, steelhead, and lamprey) benefit from dam removal, according to our analysis,” Dennis Lynch, program manager for the U.S. Geological Survey, who oversaw the report, said Monday.

The report notes that wild salmon runs have dropped more than 90 percent from the dams, overfishing, poor water quality, disease and habitat loss. It said there was a moderate to high probability that removing the dams and restoring the environment would improve water quality, fish habitat, and water quality, and reduce fish disease a toxic algae blooms. The project would also improve the ability of fish to cope with global warming, by opening up more access to cold water.

Though there would be a short-term loss of less than 10 percent of chinook and coho salmon due to the release of sediments built up behind the dams, their numbers would grow by 80 percent over the long term due to opening up more than 420 miles of habitat blocked by the

dams since 1922, the report said.

Overall, the benefits far outweigh the costs, by as much as 47.6 to one, the report found.

The report estimates that dam removal would increase commercial fishing harvests of Klamath chinook 43 percent over the next 50 years, for a value of $134.5 million. Sport and tribal harvests would also climb. More irrigation for farms during drought years under terms of the Klamath Basin Restoration Agreement would produce economic benefits one out of every 10 years, for increased value of $30 million over the next 50 years. More water for wildlife refuges that depend on leftover irrigation water would produce more waterfowl, generating a $4.3 million boost from hunting.

There would be a $35 million loss in recreation revenues from the loss of the reservoirs behind the dams over the next 50 years.

Dam removal and ecosystem restoration have been endorsed by the states of Oregon and California, the dam owners and 42 groups representing Indian tribes, salmon fishermen, farmers and conservation groups. But the project has been stalled in Congress, where the House and Senate last year did not take up legislation that would authorize the Secretary of Interior Ken Salazar to proceed and appropriate up to $800 million for ecosystem restoration.

“We’re pleased that this step in the evaluation process is complete and are eager to see increased focus on the settlement agreements from Congress this year,” said PacifiCorp spokesman Bob Gravely.

The estimated $291 million cost of removing the dams would be paid mostly from a surcharge on electric rates that has already been approved. The state of California has yet to come up with a way to pay its share.

The report represents the compilation of 50 separate reports on issues including biology, hydrology and economics. It does not differ significantly from a draft produced last year, which went through extensive peer review. It was posted to a government website late Friday, and will be delivered to Salazar this week, Lynch said.

Straddling the Oregon-California border, the Klamath Basin regularly has trouble meeting the water demands of farms on the federal irrigation project at the top of the basin, endangered sucker fish in the irrigation system’s main reservoir, and threatened coho salmon in the Klamath River. Chinook salmon returns to the Klamath are important for sport, commercial and tribal salmon harvests.

The federal government shut off water to most of the farms in 2001 to protect the salmon. After a summer of bitter protests and political battles, the Bush administration restored irrigation in 2002, only to see tens of thousands of adult salmon die of gill rot diseases that spread rapidly between fish crowded into low pools of warm water.

The two events led many farmers, tribes, conservation groups and salmon fishermen to overcome their longstanding differences and agree to a water-sharing plan that is linked to removing four small hydroelectric dams owned by PacifiCorp that serve 70,000 customers in southern Oregon and Northern California.

———

On the Web: Klamath Dam Removal report: http://1.usa.gov/VN0uqR

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Lawyer explains importance of Siskiyou Farm Bureau win over DFG case

Agriculture - California, Dept. Fish & Game, Property rights, Ranch life, Siskiyou County, Threats to agriculture, Water rights

 Somach Simmons & Dunn lawfirm

       

    Superior Court Rules California Department of Fish and Game* Cannot Require a Permit for the Diversion of Water Where There Is No Alteration to the Bed, Bank, or Stream       January 8, 2013

by Richard S. Deitchman rdeitchman@somachlaw.com

      Siskiyou County Farm Bureau v. California Department of Fish & Game, Siskiyou County Superior Court Case No. SC SC CV 11-00418.

On December 24, 2012, the Siskiyou County Superior Court issued an opinion granting declaratory relief for the Siskiyou County Farm Bureau in a case challenging the California Department of Fish and Game’s (“DFG”) attempt to require farmers to obtain streambed alteration permits for all agricultural water diversions.  The court found that Fish and Game Code section 1602 (“Section 1602”) does not require notification to DFG for the act of diverting water pursuant to a valid water right where there is no alteration to the bed, bank, or stream.  The ruling is a significant decision for water users statewide because it confirms that DFG cannot supplant the State Water Resources Control Board’s (“SWRCB”) authority over water rights.

Background

Plaintiff Siskiyou County Farm Bureau includes members of the farming and ranching community, the majority of which operate family farms.  Plaintiff’s members have validly perfected water rights, including riparian and appropriative rights.  Historically, Plaintiff’s members followed the requirements of Section 1602 whenever they sought to undertake activities in streams or affecting the streambed or bank, including the construction of new irrigation facilities.  Section 1602 requires a party seeking to undertake such an activity to notify DFG, after which DFG and the party enter into a Lake and Streambed Alteration Agreement (“LSAA”).  The LSAA includes terms to alleviate the impacts of the party’s activity.  Before 2005, Plaintiff was not informed by DFG that they needed to provide notice before exercising their water rights.

In response to a declining Coho salmon population, DFG Region 1 (which includes Siskiyou County), developed enforcement criteria (“Enforcement Criteria”) for Section 1602.  The Enforcement Criteria included the presumption that any diversion of unappropriated water, including a riparian diversion, was substantial and subject to Section 1602’s notification requirement.  The court noted that the Enforcement Criteria were an unprecedented use of Section 1602 in both Region 1 and throughout California.

DFG first sent letters to Siskiyou water diverters in 2005.  The letters stated that DFG considered agricultural diversions to be subject to Section 1602, requiring LSAA, California Environmental Quality Act (“CEQA”) and California Endangered Species Act (“ESA”) compliance.  Two subsequent letters, including threats of criminal sanctions for the failure to comply, followed the initial letter.  In the meantime, DFG headquarters was still considering the Enforcement Criteria, and DFG’s General Counsel had reservations about the policy.  Although DFG did not use the Enforcement Criteria for actual enforcement, it maintained that the exercise of any water right was subject to regulation under Section 1602.  Plaintiff brought this suit seeking a declaratory judgment that they need not notify DFG under Section 1602 in the exercise of their water rights.

Plaintiff’s primary contention was that DFG’s requirement of Section 1602 notification for every agricultural water diversion was in excess of DFG’s authority.  To assess this claim, the court compared the authority of the Department of Water Resources and the SWRCB with DFG in the context of the regulation of water rights.

Department of Water Resources and SWRCB

The SWRCB exercises the adjudicatory and regulatory functions of the State of California in the area of water resources.  Pursuant to this authority, the SWRCB has the exclusive authority to determine and grant appropriations of the state’s unappropriated water.  In adjudicating water rights, the SWRCB is required to consider the cumulative impacts of granting a water right permit, including impacts on other natural resources and the public trust.  With consultation, DFG is required to assess fish preservation and enhancement and to notify the SWRCB of its findings. The SWRCB maintains the authority to ensure that an established water right continues to be reasonable in light of changing conditions.

DFG

Among other responsibilities, DFG administers and enforces the Fish and Game Code.  Section 1602, the basis of this case, provides that “[a]n entity may not substantially divert or obstruct the natural flow of, or substantially change or use any material from the bed, channel, or bank of, any river, stream, or lake, or deposit or dispose of debris, waste, or other material containing crumbled, flaked, or ground pavement where it may pass into any river, stream, or lake, unless” a variety of procedures are met.  (Section 1602(a).)

As applied to this case, the court assessed whether Section 1602 was ambiguous.  In the context of the entire system of preservation and conservation of fish and wildlife enacted in the Fish and Game Code, the court held that “it is clear that the Legislative intent was to use [Section 1602] as a means of enforcement in specific situations to protect fish and wildlife.”

The court assessed the meaning of “substantially divert” in Section 1602 which is not defined directly in the statute.  Guided by related definitions, the court defined “divert” as a “means to take water by gravity or pumping from a surface stream or subterranean stream flowing through a known and definite channel, or other body of surface water, into a canal, pipeline, or other conduit, and includes impoundment of water in a reservoir.”

The court then considered the meaning of “substantially” and “substantial.”  In a 1973 California Attorney General (“AG”) Opinion, the AG indicated that it was not possible to create a general rule defining “substantial diversion” because pump diversions vary case-by-case.  Assessing the AG Opinion and other case law, the court defined “substantially divert” as “taking an amount of water that is considerable, taking into account the surrounding circumstances, and that the taking of water is accomplished by gravity or pumping from a surface stream or subterranean stream flowing through a known and definite channel or other body of surface water, into a canal, pipeline or other conduit, and includes impoundment of water in a reservoir.”  The court explained that based on the plain meaning, the act of diverting water under a water right is within the scope of Section 1602 if the diversion would substantially adversely impact the fish and wildlife of the stream.  This definition would require case-by-case analysis of each diversion, an analysis that DFG did not undertake.

The court next analyzed the practical result of DFG’s interpretation of its Section 1602, and its authority flowing from Section 1602.  Under the Enforcement Criteria, DFG would have authority to actually regulate a water right.  This authority could practically nullify a decision by the SWRCB to grant a water right, where DFG could limit or entirely eliminate the right.  This would give DFG authority far beyond its statutory scope.  In addition, it could guarantee a minimum appropriation for in-stream flow for fish and wildlife purposes, which the court concluded was contrary to California law.  DFG’s interpretation would, in effect, eliminate the SWRCB’s ability to regulate for future and overriding uses.

The court also held that DFG incorrectly assumed that of the beneficial uses of water, water for the benefit of fish and wildlife somehow holds a higher value than water used for other beneficial purposes.  The court explained that it was the SWRCB, not DFG, that has the authority to weigh the value of competing beneficial uses of water.  The court further noted that Water Code section 106 provides that the two highest and best uses of water are for domestic and agricultural purposes, not for fish and wildlife.  The court stated that it is the job of the Legislature, not DFG, to prioritize water uses.

The court’s analysis included the recognition that the right to divert and use water is a real property right.  Under DFG’s interpretation of Section 1602, DFG would negatively impact Plaintiff’s exercise of those real property rights which would raise serious constitutional questions.  The court also recognized that DFG’s improper expansion of Section 1602 would have a devastating “effect on the agricultural industry in California” and “the resultant loss to the state economy would be disastrous.”

Conclusions and Implications

The court found that Section 1602 does not require notification to DFG when a water user extracts water pursuant to a valid water right when there is no streambed, stream bank, or other stream alteration.  Although a Superior Court case, this opinion has important potential statewide implications.  Had DFG been permitted to move forward with its interpretation of Section 1602, it likely would have created similar notification requirements and regulations throughout the state.  This would create an additional administrative and financial burden and possible significant new criteria for water users in the exercise of their rights.  It remains to be seen whether DFG will appeal this decision.

For more information regarding this case, please contact Richard S. Deitchman at (916) 446-7979 or rdeitchman@somachlaw.com.

* Effective January 1, 2013, the California Department of Fish and Game became the California Department of Fish and Wildlife.

Somach Simmons & Dunn provides the information in its Environmental Law & Policy Alerts and on its website for informational purposes only.  This general information is not a substitute for legal advice, and users should consult with legal counsel for specific advice.  In addition, using this information or sending electronic mail to Somach Simmons & Dunn or its attorneys does not create an attorney-client relationship with Somach Simmons & Dunn.

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Siskiyou court ruling bolsters water rights

Agriculture - California, Dept. Fish & Game, Property rights, Ranch life, Salmon and fish, Scott River & Valley, Shasta River, Threats to agriculture, Water rights

Siskiyou court ruling bolsters water rights

http://www.agalert.com/story/?id=4984

 Capital Press

Issue Date: January 9, 2013

By Steve Adler

 (PHOTO)

Rex Houghton stands at a headgate on the Little Shasta River. A lawsuit established that Houghton and other farmers in the region do not need a permit from state fish and wildlife officials to irrigate their crops.
Photo/Kathy Coatney

In an important decision that protects private water rights while maintaining environmental protections, a Siskiyou County Superior Court judge has ruled that a state agency overstepped its authority in trying to regulate farmers’ water use.

The decision by Judge Karen L. Dixon determined that the California Department of Fish and Game had exceeded its authority by requiring farmers and ranchers to obtain a permit from DFG—called a Lake or Streambed Alteration Agreement or “1600 permit”—before they irrigate their crops. In 2011, the Siskiyou County Farm Bureau filed suit against DFG—which became known as the Department of Fish and Wildlife this month—on behalf of members who farm along the Scott and Shasta rivers.

“This ruling establishes an important, statewide precedent,” Siskiyou County Farm Bureau President Jeff Fowle said. “There is no doubt that if the department had been able to expand its authority here, it would have tried to regulate water rights elsewhere in the state. This decision reaffirms that water rights are administered solely by the courts and State Water Resources Control Board. Now, we can turn our attention to finding collaborative ways to improve conditions for fish while maintaining the sustainability of our farms and ranches.”

Fowle said farmers and ranchers in Siskiyou County were very pleased with the judge’s decision and that it is now time to move forward in addressing natural resource issues.

“We would like to get away from the whole idea of agencies managing problems into perpetuity and begin actually solving problems to the benefit of all involved,” he said.

The case centered on Section 1602 of the Fish and Game Code, which requires individuals to notify the state agency and potentially obtain a Lake or Streambed Alteration Agreement before conducting certain activities that alter a streambed. Permits have been required under the section for gravel mining, construction of push-up dams, replacing infrastructure and other projects that physically alter streambeds—but DFG began notifying landowners along the Scott and Shasta that they would need to obtain permits simply to open an existing headgate or activate an existing pump in order to irrigate their crops.

In her decision, Judge Dixon determined that the state Legislature “did not intend to include the act of diverting water to a water right to be within the regulatory scope of Section 1602.”

Dixon wrote that had the state agency prevailed, it would have had an economic impact on water rights holders that would have been disproportionate to others within the scope of the statute.

“The economic impact would reasonably be severe to the point that it would jeopardize the continued existence of the small agricultural water rights holder,” she wrote. “Surely the Legislature did not intend such outcomes. The effect on the agricultural industry in California could be devastating and, in turn, the resultant loss to the state economy would be disastrous.”

The judge also ruled that the defendants must pay court costs and the plaintiffs’ attorney fees.

In its lawsuit, the county Farm Bureau said the requirement would have been a “fundamental change” in the application of the code that would have jeopardized both water rights and property rights for farmers and ranchers.

“We understand that the department wants to protect salmon in the rivers, but it has many other ways to do that already,” said Rex Houghton, the immediate past president of the county Farm Bureau. “Farmers will continue to work collaboratively with the agency to improve conditions for fish. The outcome does not change the notification requirement for activity that physically alters a streambed, but it is important to establish that the department can’t require a permit for farmers simply to exercise their water rights.”

Like Fowle, Houghton said he hopes that everyone involved can “all sit down at the table and work through some of the issues that need to be addressed so we can quit using all of our resources to defend ourselves from their next plan of what they think is best for us.”

Houghton said the ruling should send a clear message to the agencies that “California agriculture will stand together and fight an issue that is going to affect the whole state. Everyone supported us up and down the state and I’d like to thank everyone for that.”

Because of the statewide implications of the case, the Siskiyou County Farm Bureau received support for the lawsuit from the California Farm Bureau Federation and county Farm Bureaus throughout the state. Attorney Darrin Mercier of Yreka, who is also a rancher in the Shasta Valley, argued the case on behalf of the county Farm Bureau.

Jack Rice, CFBF environmental and natural resources counsel, said it is important to understand the scope of the decision.

“It does mean that water users do not need to notify the Department of Fish and Wildlife prior to exercising their water right. But the department must still be notified of any activity that substantially alters a streambed, bank or channel, even if that alteration is needed in order to exercise your water right,” he said.

Rice emphasized that in addition to being an important decision that reaffirms water rights and how they are administered, the decision also opens the door to finding new ways to cooperate to improve conditions for farmers, ranchers and fish.

“Farm Bureau recognizes this opportunity and is committed to supporting its members in working with the agencies and other stakeholders to find solutions that are not focused on conflict,” he said.

(Steve Adler is associate editor of Ag Alert. He may be contacted at sadler@cfbf.com.)

Permission for use is granted, however, credit must be made to the California Farm Bureau Federation when reprinting this item.

 

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This information and much more that you need to know about the ESA,
the Klamath River Basin, and private property rights can be found at The
Klamath Bucket Brigade’s web site – http://klamathbucketbrigade.org/index.html
please visit today.

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Government is destroying Hog business

Agriculture, Threats to agriculture

Call Michigan Governor Rick Snyder and protest this anti-American action.

See attached email and listen to the YouTube (about 20 minutes).  This is so disgraceful and anti-American.  American Patriots must not remain quiet about this.  Agenda 21 – “Sustainable Development” along with the gang of thugs in D.C. are destroying the United States of America.

If not you and me then who?   If not now, then when?  When will Americans standup for their rights and oppose this tyrannical government?

Here is the contact information for the Governor of Michigan – Rick Snyder.

http://www.michigan.gov/snyder/0,4668,7-277-57827-267869–,00.html

PHONE: (517) 373-3400

PHONE: (517) 335-7858 –   Constituent Services

FAX:(517) 335-6863

Executive Office Staff List

Governor   Rick Snyder

P.O. Box 30013

Lansing, Michigan 48909

Northern Michigan Office
234 West Baraga Avenue

Marquette, MI 49855

(906)   228-2850

Washington D.C. Office
444 N. Capitol Street, Northwest

Hall of the States, Suite 411

Washington, D.C. 20001

(202)   624-5840

From:
Sally Baptiste
www.AmericanStatesman.org
www.blogtalkradio.com/americanstatesman

 Wild pigs are not allowed!

Subject: Another example of Agenda 21 being implemented

Bakers Green Acres farm (MI) is still under attack.

There are about 5 farmers left.

All the others killed their pigs and folded up their tent. They had no choice.

PLEASE share this you tube and donate to help Mr. Baker. We did an all out donation and support campaign for him last year and now he is faced with losing his farm again. I was told he is $30K in debt. Share with everyone you know. This IS Agenda 21. They must destroy all the farmers. Livestock is unsustainable.

 Video was made on Dec. 23, 2012 by Mr. Baker. Government is destroying his hog business. He has 200 hogs costing $2 a day to feed.

Worth the listen! 

http://www.youtube.com/watch?v=RPVfduwUx-g

 

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