Land And Water U.S.A.




Monday, August 12, 2024

WHAT'S YOUR COST of "DOING BUSINESS WITH GOVERNMENT?"

Federal's KILLING America with regulations that are way outside its Enumerated Powers. 
Imagine the GNP if America's Domestic Resource Providers were free to "produce" lawfully again, without accruing that unnecessary burden called 
COST of "doing business with government."

Here's our Solution 

WELD COUNTY TO BE A “TENTH AMENDMENT SANCTUARY COUNTY”

Tenth Amendment Sanctuary County reconfirms County Commissioners authority to deny any action by Federal that is outside of Federal’s Enumerated Powers.

Actions by Federal outside of its Enumerated Powers include:  Education, Wolves, ESA (except migratory fowl), EPA, FEMA, historical/most precious jewel land/water designations, WOTUS, Water and Feral Horses.

WHEREAS, the Board of the County Commissioners of Weld County, Colorado, is vested with the authority of administering the affairs of Weld County, including Planning and Zoning and the Economic Development,

WHEREAS, Federal jeopardizes the Economic Development of Weld County through its repeated trespass and overreach attempts to enforce unconstitutional demands on Water Rights in Weld County, this Resolution addresses Water in particular, 

WHEREAS Board has a duty to use its Constitutional Authority to not enforce any Federal action as pertains to Water.

WHEREAS, the Tenth Amendment to the United States Constitution a part of the Bill of Rights, ratified on December 15, 1791, protects the inalienable states’ rights, by stating that the federal government has only those powers delegated to it by the Constitution, and that all other powers not forbidden to the states by the Constitution are reserved to each state, or to the people.

WHEREAS, the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people

WHEREAS, example:  United States v. Lopez (1995), was also a part of a series of Rehnquist Court cases that limited Congress's powers under the Commerce Clause the Court again ruled that a regulation enacted under the Commerce Clause was unconstitutional.

WHEREAS the Commerce Clause confers a unique position upon the federal government in connection with navigable waters: "The power to regulate commerce comprehends the control for that purpose, and to the extent necessary, of all the navigable waters of the United States...

WHEREAS the state of Colorado does not have ‘Navigable’ Waters as defined in Artlll.S2.C1.12 Admiralty and Maritime Jurisdiction, no Federal Agency has authority over Water in the state of Colorado, and

 

WHEREAS Weld County in the State of Colorado does not have ‘Navigable’ Waters as defined in Artlll.S2.C1.12, it is the desire of the Board to declare its support of the Tenth Amendment to the United States Constitution and its provisions of that protect the inalienable and individual rights of Weld County Citizens to deny any Federal Agency action that is outside of Federal’s Enumerated Powers, and

WHEREAS, no waters in Weld County meets the definition of WOTUS, therefore let it be known that no ditch company or individual Water Rights owner need apply for a federal water permit to exercise their right to “beneficial use of water.” This includes the maintenance of old or building of new projects and utilization of Allotment Quantities as historically dated and appropriated,

WHEREAS all Water of every natural stream in the State of Colorado and the County of Weld has been appropriated, and

WHEREAS, Article ll Section 3 of the U.S. Constitution provides that all “persons have certain inalienable rights, among which may be reckoned the right of enjoying and defending their lives and liberties; of acquiring, processing and protecting property which includes the beneficial use of Water,

WHEREAS, the Commissioners each took an oath to support and defend the United States Constitution and the laws of the State of Colorado which are not deemed unconstitutional by a court of competent jurisdiction.

BE IT FURTHER RESOLVED that the board reconfirms its authority to not enforce any Federal law not delegated to the United States by the Constitution.  

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County be, and hereby is, declared to be a “Tenth Amendment Sanctuary County.”  

The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on ________________________________________

                            BOARD OF COUNTY COMMISSIONERS

                                                                             ______________________________________________________________________________

History Chronology 


May 8th I, Roni Sylvester (RMS) testified and asked WCC to “kick FEMA out of county.” Commissioner Scott said he knew Milliken Mayor and would talk to him. Commissioner Buck asked for Ditch Company exemption. Saine asked for a resolution.

Dear Weld County Commissioners, May 15, 2014        RMS notes

As promised, here's the main statute (attached) that exempts Irrigation Ditch Companies from federal authority. 

Declarations/laws/reminders in various forms back up the fact that no town/county/state/federal has authority over a non-profit irrigation ditch company. The only entities ditch companies are beholden to are their shareholders. 

I've also attached my questions to Town of Milliken...

Thank you for seeking to correct FEMA's gross overreach. 

Should Weld County Commissioners draft a resolution that denies Federal overreach, the thought occurred that you'll be presenting a Stop Federal Overreach template that every county in the U.S. could use! That's HUGE! 

Imagine the millions Weld County Commissioners will save producers by giving them the opportunity to produce products instead of fighting Federal overreach. Thank YOU! 

May 20th RMS first testimony.

County Commissioners authority to stop federal overreach lays in: “…will not enforce against any citizen any Federal law that unconstitutionally infringes upon the right of People…

State of Colorado Constitution Section 16. County home rule. (3) A home rule county shall provide all mandatory county functions, services, and facilities and shall exercise all mandatory powers as may be required by statute.

Mandatory powers include “will not enforce against any citizen any Federal law that unconstitutionally infringes upon the right of People.”
Weld County Commissioners, you have the authority and duty to pass the Tenth Amendment Sanctuary County resolution. You will be proud to know that you started a national action that will enable America’s approximate 3,244 counties to prosper.

Rough draft resolution:
Resolution: Water Actions Outside of Federal’s Enumerated Powers

Whereas the state of Colorado does not have 'Navigable' Waters, as defined in ArtIII.S2.C1.12 Admiralty and Maritime Jurisdiction, no Federal Agency has authority over Water in the state of Colorado.

Whereas the Weld County Commissioners, as trustees of the people we serve in the Colorado County of Weld we stand to ensure that the county complies with the applicable Federal, state, and local laws and that Federal complies within its Enumerated Powers.

Whereas Weld County Commissioners find that any action by Federal Agency  -including Environmental Protection Agency (EPA), Federal Emergency Management Agency (FEMA), United States Department of Agriculture (USDA), Department of the Interior (DOI), Army Corps of Engineers, Endangered Species Act (ESA) - that is outside Federal’s Enumerated Powers as pertains to Water will be denied.

Whereas With the exception of physical structures like dams, the Army Corps of Engineers is to vacate any forms as pertains to Water on Private Property.
Commissioners James, Buck, Freeman, Ross voted NO, Saine voted YES.

 

JUNE 5, 2024 - TENTH AMENDMENT SANCTUARY COUNTY           RMS notes

Resolution sponsor Commissioner Lori Saine 

If all five Weld County Commissioners vote YAY on this Tenth Amendment Sanctuary County resolution, they will become a critical part of history. How? By helping Weld County realize millions of $'s otherwise lost trying to keep Federal within its Enumerated Powers. 

We need an audit that shows the millions a county/state/nation loses, being forced to do business with a federal government that overreaches its authority.  

Today America's Fuel and Food Providers are strapped down into countless hours testifying, doing paperwork and more, just because the federal government makes demands outside of its enumerated powers.  

Imagine our Producers being unshackled from Federal and free to return to their fields where they will produce essential products! 

Why not tailor this Tenth Amendment Sanctury County to your county? Imagine the significant boost in our nation's GNP when producers are free to produce, instead of going to federal overreach meetings. 
Commissioners James, Buck, Freeman, Ross voted NO – declaring “we don’t have the authority,” Saine voted YES.

 

JUNE 10, 2024 - - TENTH AMENDMENT SANCTUARY COUNTY       RMS Notes

The Tenth Amendment Sanctuary County is all about prosperity for Weld County residents.

Weld County residents cannot “prosper” when a significant amount of production dollars are lost by producers having to fend off federal overreach.

To help Weld County residents prosper, it is critical that Weld County Commissioners protect producers by taking the legal, constitutional action of “not enforcing federal dictates that are outside of federal’s authority.” The Tenth Amendment Sanctuary County resolution will satisfy this right so Weld County can thrive.
Here are some stats from 2022. Notice the population increase while the GDP decreases. 

2022: Farm Employment makes up approximately 3% of Weld County’s total employment and feeds approximately 115, 536 households. Yet many children go to bed hungry. 

Between 2020 and 2022, Weld County’s Gross Domestic Product (GDP) DECREASED 6.7 PERCENT:  2020 Economic Output $19.7 BILLION 2022 Economic Output $18.4 BILLION, mainly due to federal overreach.

 Mining, Quarrying & Oil and Gas Extraction went from $5.9B 2020 $5.8B 2021 to $4.8B 2022, mainly due to federal overreach.

Weld County, home to 350,176 residents, had a 3.1 percent increase in population between 2021 and 2022.

County Commissioners authority to stop federal overreach lays in: “…will not enforce against any citizen any Federal law that unconstitutionally infringes upon the right of People…

State of Colorado Constitution Section 16. County home rule. (3) A home rule county shall provide all mandatory county functions, services, and facilities and shall exercise all mandatory powers as may be required by statute.

Mandatory powers include “will not enforce against any citizen any Federal law that unconstitutionally infringes upon the right of People.”
Weld County Commissioners, you have the authority and duty to pass the Tenth Amendment Sanctuary County resolution. You will be proud to know that you started a national action that will enable America’s approximate 3,244 counties to prosper.

Freeman, Ross, James, Buck NO, Saine YES.

 

JUNE 12, 2024  - - TENTH AMENDMENT SANCTUARY COUNTY    RMS Notes

The Tenth Amendment Sanctuary County is all about delivering opportunity for Weld County Residents to enjoy their rights to acquire and enjoy property - to produce and prosper.

Weld County cannot thrive when a reckless federal acts outside its enumerated powers.

We are working on an easy to understand map that shows federal’s enumerated powers. This will help our elected officials and private sector quickly identify areas they have the right to push back federal.  

To help Weld County flourish, it is critical that Weld County Commissioners protect producers by taking the constitutional action: “Not enforce federal dictates that are outside of federal’s authority.”

Each day Weld County Commissioners delay passing the Tenth Amendment Sanctuary County, individual Weld County producers take a loss. I’ve been contacting producers to get a general idea as to what said delay costs them.

Commissioner Perry Buck asked about a commissioner’s authority to stop federal overreach: The following answers that question:

1)      Commissioners will not enforce against any citizen any Federal law that unconstitutionally infringes upon the right of People…

2)     State of Colorado Constitution Section 16. County home rule. (3) A home rule county shall provide all mandatory county functions, services, and facilities and shall exercise all mandatory powers as may be required by statute.

3)     …will not enforce against any citizen any Federal law that unconstitutionally infringes upon the right of People of Weld County to keep and use their non-navigable water and maintain old or build new infrastructure projects as connected to their non-navigable Water.  

Weld County Commissioners, you have the authority to pass the Tenth Amendment Sanctuary County resolution. If not you, who then will protect Weld County residents from onerous actions by federal that run outside its Enumerated Powers?

Other states are fast becoming aware of the Tenth Amendment Sanctuary County. They are carefully watching with great interest for they see this as an affirmative, lawful, doable, constitutional way to push back federal.

Weld County Commissioners, when you pass the Tenth Amendment Sanctuary County, you’ll be PROUD to know that you created a template that will be used nationally. YOU will have started a national action that will empower America’s near 3,244 counties to push back Federal overreach.

Thank you in advance for passing the Tenth Amendment Sanctuary County resolution!
Freeman, Buck, Ross, James NO, Saine YES.

Time frame chronology:

May 8th, testified on FEMA

May 20th, presented first ROUGH draft resolution 4 NAYS 1 YAY

June 5th presented first Tenth Amendment Sanctuary County 4 NAYS 1 YAY

June 6th Wyoming Stock Growers, Publisher Wyoming Roundup Dennis Sun requested a Guest Column on Tenth Amendment. Will send 8/13/24.

JUNE 10TH testified.

JUNE 12th testified.

JUNE 18, 2024 Met Scott James. He offered to call Ditch Company – Gene Kammerzell.

JUNE 21ST. R-Calf proposal resolution unanimous yes. Will go to formal all member written vote in August.

JUNE 21ST Lara Logan wrote down her phone # re: Federal’s Enumerated.

JUNE 28, 2024 SCOTUS: By a vote of 6-3, the justices overruled their landmark 1984 decision in . This decision helps Tenth Amendment Sanctuary County immensely.
AUGUST 12th, 2024 –9:00 a.m. I intend to testify on the newly amended Tenth Amendment Sanctuary County - at the office of Weld County Commissioners -   1150 O Street       Greeley, CO 80631

______________________________

August 12th, 2024 I was on the Agenda, but Chairman Ross blocked the resolution and my formal testimony. So I gave my comments in the Public Comment time (of which there's a record). It was contentious. I did summarize by stressing how "disappointed" I was with them. 
A bullet point/cheat sheet of Federal's Enumerated Powers is something every County Commissioner in America should have in their hands. 

Federal's KILLING America with they regulations that are way outside its Enumerated Powers. 
Imagine the GNP if America's Domestic Resource Providers were free to "produce" lawfully again, without accruing that unnecessary burden called
COST of "doing business with government."

Every county in America should pass a Tenth Amendment Sanctuary County resolution.

 


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