BEEF and WATER

A Friendly Visit about Beef and Water 

by Roni Bell 

Yesterday a long-time friend stopped by. They wanted an update. They were Honest to God interested in an update!

I began hesitantly, with our Cow-Calf Producers frustrations of not being able to pierce the Bush/Clinton/Obama wall around President Trump; how President Trump was NOT getting “our” story!

Their leaned in interest fueled me to go into depth: The U.S. Cattle Industry and USDA are controlled by the Packers. Packers block Country of Origin Labeling (COOL) because they enjoy profits importing cheap beef (with a hump in its back) and exporting America’s delicious “Born and Raised in the U.S.A.” beef to demand markets like Japan.

Price receiver Cow-Calf Producers operate on a slim net profit margin. It’s sinful that Packers keep trying to pass on their cost of geographical indicators – aka Animal I.D. – to Cow-Calf Producers.  Packers want Cow-Calf Producers to shoulder the cost of informing Japan’s consumers as to the origin of their beef, while they refuse to handle the cost of informing America’s consumers.  

I slightly touched on the corruption and lack of transparency in the Beef Check-off, giving them Bill Bullard’s name and phone # along with, “He understands COOL and markets better than any other in the U.S.”

Their questions rolled me on to explaining, “There are no ‘public’ lands in America. There are only Federal/Split-Estate lands. Few understand the statutes and policies that back this fact. That’s why Chuck offered his ranch in Wyoming to C.S.U. He wanted his alma mater to start a Department of Policy and Research - headed by Dr. Angus McIntosh." 

C.S.U. wanted an attorney to teach the class, and a couple federal employees to sit on the board. Most attorneys don’t grasp “private property rights on Federal/Split-Estate lands.” So, their request defeated the purpose of Chuck’s offer.  

Because there isn’t an organization that represents entities with Private Property on Federal/Split-Estate lands, Chuck and Dr. Angus McIntosh formed the Range Allotment Owners Association. Soon after, Angus received a nasty letter admonishing this move, from signatories including Karen Budd Falen, Public Lands Council (PLC), Colorado Cattlemen’s Association (CCA), and the National Cattlemen's Beef Association (NCBA).

I explained that Dr. Angus McIntosh knows more about the statutes, policies and codes that surround Federal/Split-Estate Lands than any other in America. It is our wish that Dr. McIntosh sit with President Trump and inform him “There are Property Owners on Federal lands!” Or at least go on Mark Levin’s show and have that discussion! 

Then they asked about Water! OHHH boy!

I started with the short and simple, “Our water law is ‘first in time, first in right.’ Water is to be administered in Prior Appropriation. I can prove that the State Water Engineers are NOT administering in Prior Appropriation!” 

It’s hard to condense 10 years of findings into a Readers Digest version, so I only hit some of the “red flags” that are noticeable to this layperson; starting with, “the 7 Water Courts formed in 1969, are nothing but Kangaroo Courts. There are no plaintiffs, defendants, no opportunity to listen to testimonies or cross examine witnesses.”
Suddenly they said, “Stop, stop! I feel like my head’s going to explode!”

We laughed!

I shared, “It’s OK. I understand! The cumulative pressure of all these things with the frustration of not being able to get the ear of anyone – the collusion’s so widespread and deep - brought me to crashing and burning in the fall of 2018.”  

They replied, “No one listens do they? Even the media. Why do you suppose that is?”

I answered with multiple names of people I’ve verified as involved in allegedly untoward, unethical, illegal actions.

They said, “OK. Continue. Give me some of those ‘red flags.”’

I touched on the WAS (Water Augmentation System) case, explaining “The lower end whined, ‘we don’t have any water. The upper end’s stealing ALL our water.”’

“Then I found the 5-page agreement, called the Platte River Recovery Implementation Program (PRRIP), that Governor Owens signed, giving away 10,000-acre feet of OUR water to NE. That was a HUGE red flag. I mean, how the hell can the lower end (by NE) claim they have no water while at the same time Owens gives away water?”

“Whoever interpreted and implemented the WAS case did so in defiance to Judge Roger Klein’s reminders that “Senior – valid – pre-existing” were to be protected. In other words, all water rights with pre-1969 dates of adjudication were to be exempt. Those wells should NOT have been shut off! The WAS case should be null and void!”
“PRRIP is illegal! Sending water for threatened/endangered whatever species is NOT a legally identified beneficial use of water! PRRIP violates water law!”
“In addition to PRRIP being illegal, another reason Governor Polis should withdraw Colorado from that agreement, is to free up that water for Denver!”

We got into a deep discussion about how I’d met with Governor Matt Mead, and recently Governor Gordon’s Natural Resource person, in effort to encourage Wyoming to withdraw.
Also met with Governor Hickenlooper. But James Eklund wrote me, “I see NO reason” to withdraw from PRRIP!

I told about the conference call with State Senator Scott Renfroe, WY Rep. Sue Wallis (deceased) and Wyoming’s water person Harry LaBonde, to encourage Wyoming to “exercise the withdrawal” clause in the agreement. Harry laughed at us.

When I started to explain the “why” bureaucrats refused to terminate PRRIP, my friend stopped me and asked, “Is that why Gilcrest has such a high-water table? And alkaline is surfacing?”  

“Here’s my overview,” I continued. “Some extremely bright individuals figured out that by shutting down wells, the upper end of the S. Platte would overhydrate. This developed a non-historic perennial in-stream flow that now goes as far as the Colorado Nebraska border. It also developed an underground reservoir – we’re sitting on right here - that’s projected to be multiple the size of Lake McConaughy.  No one can see this reservoir, except that it’s raised the water table and is now surfacing. This is destroying homes, crop land, municipal wastewater treatment plants and more.”  

It’s ‘takings without just compensation’ on steroids!

“Not only that, but water pimps – excuse me, that’s what I call them – anyway, water pimps buy one’s ‘Consumptive Use’ of water, and likely sell the Allotment Quantity, making big bucks off the margin. Furthermore, with the high-water table, they claim, ‘you don’t need as much, so here’s what we’ll give you.’ They’re significantly devaluating water shares.”

I continued, “Bob Sakata is the only farmer I’ve visited with who ‘gets’ the difference between Consumptive Use and Allotment Quantity. He told me, ‘I was a lettuce farmer in California. I had no idea what I’d grown in Colorado. I didn’t know what my Consumptive Use would be.’”

“You see, one can sell either their Consumptive Use or their Allotment Quantity – the original amount one’s given when they first put water to beneficial use. If one sells their Allotment Quantity, then that’s the end of it. If they sell their Consumptive Use, they have the right to use the margin between. But water pimps have this weird “dry up covenant” in the agreements, and unwitting sellers don’t know their rights.”

“Recently, two different entities came with ‘dry up covenant’ agreements they’d been asked to sign. Both had purchased land with no water shares. I advised them, ‘because you never owned the water shares, you have no authority to sign such an agreement.’ The water shares were used as loan collateral. Kind of interesting, because it looks like whoever’s trying to buy those shares wants a dry up covenant so they can play the margin. Also – through easements etc. they apparently want to use your land… to such extent you won’t be able to. Don’t sign the agreement. Instead, offer to ‘sell’ your land,” was my advice.

They interrupted and asked, “Didn’t I hear something about a potato farmer moving to Texas?”

“Yes, that was Harry Strohauer. Because they shut off Harry’s wells, he couldn’t water the vines…and the high-water table was rotting his tubers. So, he moved part of his operation to Clayton, NM.”

“You see, the reason bureaucrats block the termination of PRRIP, is because they NEED it! They’re using the S. Platte as their ‘carriage vessel.” That’s how they move OUR water out east where they peel it off and sell to Brush power plant, use for ethanol, sell to cities and pop more pivots. Once semi-arid desert areas in Logan, Sedgwick, Philips counties are now green under pivots.”
“Who’s they” they asked?

I named names.

It was an intense visit. But they were “interested.” And I deeply appreciated that!

We stopped, because both our heads felt as though they were going to explode.

We should all DEMAND State Water Engineers Administer Water in Prior Appropriation!

It is my hope, that sharing this publicly will spur at least one honest, courageous, smart power that be, to affectively help clean up the corruption in the Beef and Water arenas.  

Or at least tell President Trump.

Will that person, be you?