Land And Water U.S.A.




Wednesday, October 15, 2025

THE COST OF DOING BUSINESS WITH GOVERNMENT



 

By Roni Bell

The purpose of this write is to give a quick look at people who have been attacked by Government, the guessed costs accrued by these victims and some solutions - that if aggressively implemented - would end the attacks.

R-CALF represents Cow-Calf Producers.  Many Cow-Calf Producers have Property Rights on Federal Lands. They’re known as Range *Allotment Owners (RAO) with *privilege to own property on Federal Lands.

Because they are “price receivers,” a Cow-Calf Producer’s livelihood relies on “price setters.” Though their profit margins are thin, their love of “bringing a good animal to market” is thick.

Challenges include Mother Nature and Federal Government (Feds). America’s RAO’s have been adjusting to Mother Nature since about 1525.  They’ve never been able to adjust to Government.

Department of Interior (DOI) oversees Bureau of Land Management (BLM). United States Department of Agriculture (USDA) oversees Forest Service et al. They partner with environmental and foreign parties (Partnership) to march forward using illegal tactics to decapitalize whosoever’s Land and Water they want.
The Decapitalization Formula

Fed Partnership (FP) stakes a claim, “Seen a gummer snail on your property. Stop grazing there so we can take a ‘look see.’” The “look see” denies use of property and begins the ‘decapitalization.’  RAO is forced into hiring an attorney.

Before the RAO knows it, they’re racking up thousands of dollars in downtime, hiring help to finish calving, haying, travel costs and attorney fees etc. Meanwhile, FP’s getting paid for denying RAO use of their property.

RAO realizes revenue losses as bills pile up. When RAO is physically, mentally and financially exhausted, FP waltzes in and seizes control of property.

Most attorneys aren’t taught statutes that protect Property owned on Federal Lands.
Nine “explicit acts of Congress” include the key words “pre-existing, valid, vested, prior” grazing rights established before the 1934 Taylor Grazing Act.
Regardless the glut of new rules and regulations, if your grazing documents pre-date 1934 and include any of those words, your Property Rights on Federal Land have never been extinguished.

Some ways Feds decapitalize Cow-Calf Producers

Federal keeps pushing Cow-Calf Producers to shoulder the cost of Animal I.D., aka Geographical Indicators, to help entities who enjoy profits exporting safe, succulent born and raised in the U.S.A. beef.

Agencies, like the Environmental Protection Agency (EPA), threaten and file unlawful complaints on feedlots, grazers etc.

The Endangered Species Act plant wolves that “stress or kill and eat livestock.” Hard cost reimbursement is so shoddy, many who lose their lambs, calves whatever, don’t bother to report. Fed’s fail to include stress related restitution for man or beast.

 1) If you find a wolve on your property and have “good faith” belief it might bring harm (harm includes such as the Mytidad worm), the  ESA includes language that gives you the right to exterminate it.    

2) Contraire to popular belief, it’s best to demand wolves (Polar bears and so forth.)  be listed “Endangered.” Why?  Because the Fifth Amendment demands “Just Compensation” be paid. As it stands, Feds and partners deny you your earnings while their earnings flourish.
AUM cuts: Feds demand AUM cuts, even though they do not have the authority; nor do they have the authority to dictate turn out or in times.
AUMs are included in a ranch evaluations. Example: AUM cuts on an open allotment cost Chuck Sylvester a conservative amount of near $800,000. Imagine what it cost all the open allotment owners collectively.


Here are a few examples of criminal overreach by government:

My interest in Property Rights on Federal Land began in 1996 when President Bill Clinton dramatically exceeded the Antiquities Act - “smallest area compatible with the proper care and management of the objects to be protected” - by declaring near 1.8 million acres (when 500 acres was likely sufficient) The Grand Staircase–Escalante National Monument

Initially, Clinton promised “no interruption in grazing.” He lied. In 2000 he, via BLM, ordered RAOs off their allotments.

Quinn Griffin, of Escalante, UT, described it as a “trial of fire with the BLM/Monument” people.
Though I’ve known the Griffin family since 1988, and witnessed the BLM orders, “Get your cows off the Kaiparowits NOW,” I recently asked Quinn for a summation for this article.

Griffin explained, “I do believe the financial chaos caused by uneducated government employees is grandiose, to say the least, especially when all hardships could have been avoided if they had only listened to my thirty years of experience.” The most critical experience was the fact that the cattle had 50 + years of knowing when to go up and come down off the Fifty. Trying to bring them down at the BLM’s premature time caused the cattle to keep scattering on that treacherous 1600 foot vertical trail.
The 74 year old Griffin said that in dealing with the BLM 25 years ago they accrued an approximate hard outlay of $84,000 that bankrupt him.

In addition to losing its grazing revenue, the town of Escalante incurred another economic hit because its Andalux Mine produced coal similar to Clinton’s Indonesian campaign contributors coal. The Andalux was shut down before it went into production.

_____________________________________

Wayne Hage -Clark County, NV 1978 to present:

Conversations with Ramona Morrison, daughter of Wayne Hage included how the Hage case has gone on for 47 years at a cost to date of over $10 million.
She explained how two generations and 3 separate appeals all won. Plus, they received recognition from BLM for excellent ranches.

“State water adjudication proved we had vested water rights on land managed by Forest Service.  Yet Forest Service filed criminal charges against us for alleged destruction of property & Federal trespassing for clearing pinion, juniper etc. out of ditch right away we owned.”
The Hage Case has filled books. Read them. What the Feds did to the Hage family transcends cruel.

____________________________________________

Donna Hildreth – Dillon, MT.  After reading the suffocatingly micromanaged overreach of her BLM permit, I highlighted out about 95% and reminded her of Dr. Angus McIntosh’s advisement, “Don’t sign it.”

BLM doesn’t have authority to “co-manage” your private business.
My recommendation?  “Make your response short and to the point.”

On July 25, 2025, Hildreth wrote to her BLM,

I will be back in touch with you after meeting with Secretary Doug Burgum. The language in the BLM permits exceeds Federal's Enumerated powers. Not only for this Range Allotment Owner, but for all RAO's on Federal lands, this demands correction.

_________________________________________________

Maude family, Pennington County, S. Dakota

In a 7/28/25 conversation I asked Charles Maude if he could provide a guesstimate as to hard costs thus far dealing with Feds alleged “trespass” charges filed against Charles and his wife Heather, each in the amount of $250 thousand.

Here are some numbers he shared: “Raised $130 – 140 thousand to fight but need $300 to 400 thousand more.

Need Machinery but bank says no to loan due to this unjust fight.

$10,000 travel to D.C.

Three crop loss approx. $175,000

$60,000 in Atty fees.

Wife Heather, who juggles homeschooling with it all, spent approximately 4 out of 7 days a week from May to September working on case. That’s about 80 days X’s a conservative $200 per day equals $16,000.

This brings a guesstimate of over $400 thousand spent thus far.

With input from USDA Secretary Brooke Rollins, President Donald J. Trump had the charges dropped. It’s unsettling that this case still lingers.

_____________________________________

Dwight and Stephen Hammond, Harney County, Oregon Conversation with 86 year old Dwight Hammond, 7/29/2025
It all began with the Fish and Wildlife Service in 1963.
As Dwight said, “Water got me sideways with government in 1963.”  It peaked in 2012 when government charged them with burning their own forage on their own allotment. Both dad Dwight and son Stephen served time in prison. July of 2018, President Trump pardoned them.
It’s too complex to get into here, so in short I’ll share Dwight’s comments about the “wrongs we’ve endured” due to Federal’s “abuse of power.” “Susie (Dwight’s wife) is all used up and is in assisted living.”
They were “fined $400,000, insurance took care of $200,000.” Dwight figures all of the costs so far “would be so great – over a million.”

 Cliven Bundy – Clark County, Nevada

Conversation with 79-year-old Cliven 7/30/2025, was rich with his advisements and questions:
Cliven began with “I fired the BLM in 1992.”
“It’s ranchers fault if they sign the permit. That’s a contract! Once you sign a contract, it’s over for you!” Dr. Angus McIntosh would agree.
“It’s been 11 years since the standoff…with no conclusion. Why? Because a conclusion would prove (that we have) rights.”
“How can Federal purchase land from a state, if Federal claims it already owns it?” How can Federal claim to give state owned land back to state?
“Feds have been trying to entrap me for decades.
To sum up, Cliven shared that “Government spent $300 million of YOUR money, just for attorneys, judges, military, brand inspectors, porta potties; $3,000 to count my cows and $6 million to gather 386 head.”
“I’m running the only cattle left in Clark County, Nevada.                                 I asked, “Do you think the Feds goal is to seize control of our land and water?”
He answered, “Remember. The paychecks, benefits etc. stimulate the Bureaucrats cause.”

Cliven’s right! Feds get revenue making sure Property Owners lose revenue.
What struck me the most in listening to each, was their shared love of Country, Constitution, family and God, topped with a sweet sense of humor.

Each apologized when broaching the mental and physical stress Federal’s overreach brought them. One will never be able to estimate the physical and mental tole Federal’s illegal overreach cost.  

Here’s the Ask!

1)    President Donald J. Trump declare Moratorium on DOI and USDA actions on Federal Lands. We believe that when Trump learns of the facts and truth about these “Takings without Just Compensation, he’ll be very agreeable to a Moratorium.

2) DOI Secretary Doug Burgum & USDA Secretary Brooke Rollins deploy a comprehensive Regulatory Review of statutes and policies which define Federal Lands use with a focus on Range Allotment Owners.
3) Property Owners who’ve been harmed by Federal actions “outside of statutes and Federal’s Enumerated Powers” to come forth with estimates as to how much Federal cost them. Though Federal will never be able to reimburse them for the undue stress, at the least Federal should be ordered to pay “Just Compensation,” for denied use of property, and reimbursement for hard costs.

4) Hereon, Congress should draft and pass an Equal Standing Law, wherein Private Parties can hold Federal Employees accountable for their wrongful actions! Example: They should be stripped of D.A., A.G. and DOJ protections and personally pay for counsel.

5) County Commissioners should be educated about their       authority to refuse any Federal request that’s outside of Federal’s Enumerated Powers and pass the Tenth Amendment Sanctuary County resolution.  If every County in America did so, that would dramatically rein in Federal.

 


*Allotment – A grant of land

*Privilege – An exclusive right


Sunday, November 17, 2024

MONTANA WATER COURT'S DEPRIVATION



Montana Water Court’s astounding deprivation of due process | 

by Lawrence A. Kogan Esq.

The United States (“USG”) lacks standing under Article III of the U.S. Constitution to affirmatively represent the Confederated Salish and Kootenai Tribes interests at the Montana Water Court’s still current CSKT Tribal Water Right adjudication proceedings (Case No. WC-0001-C-2021). The United States, along with the State of Montana and the Tribes, had initially petitioned the Water Court to commence such proceedings on March 15, 2022. The USG lacks such standing because there is no special common law fiduciary (i.e., private trust) Federal-Indian trust relationship evidenced in the Hellgate Treaty of 1855 explicitly requiring the USG to take affirmative steps to secure, quantify, prioritize and protect the Tribal Water Right recognized in the CSKT Water Compact. And since the USG lacks such standing, the Montana Water Court lacks the requisite subject matter jurisdiction to continue its CSKT Tribal Water Right adjudication proceedings. However, the Montana Water Court, on Thursday, during the first of the two-day oral hearings it is now convening following its Order of Oct. 18, refused to let non-lawyer Objectors to the CSKT Water Compact who had previously filed requests for Oral Argument on Oct. 4, raise these critically important issues on the judicial record, even though they arise from three recent U.S. Supreme Court landmark decisions. These Objectors had initially filed their Request for a Hearing along with the Statement of Objections to the CSKT Water Compact it filed on February 9, 2023 (attached), based on the U.S. Supreme Court’s June 29, 2022, decision in Oklahoma v. Castro Huerta (Dkt. No. 21-429), and the U.S. Supreme Court’s likely rulings in two then pending cases – Haaland v. Brackeen (Dkt Nos. 21-380, 21-376, 21-377, 21-378) and Arizona v. Navajo Nation (Dkt. Nos. 21-1484, 22-51). The U.S. Supreme Court, thereafter, issued its decisions in Brackeen and Navajo Nation, respectively, on June 15, 2023, and June 22, 2023. Together, these three landmark Supreme Court decisions substantially changed federal Indian law, resulting in the USG’s current lack of Article III standing to maintain their petition before the Water Court on behalf of the CSKT in these Tribal Water adjudication proceedings. In Castro Huerta, the Supreme Court majority rejected the Court’s prior view, expressed in its 1832 opinion in Worcester v. Georgia, that the United States owes a special common law fiduciary trust obligation of protection to Indian tribes and their members, because Indians are dependent wards of the Nation and are a separate and distinct political community requiring protection from States and their nontribal citizens. Since the CSKT are neither dependent wards of the Nation nor a separate and distinct political community requiring special protection from the State of Montana and its citizens, the USG does not owe to the CSKT a special common law fiduciary trust obligation of protection. In Castro Huerta, the Supreme Court majority also held that “Indian country” (18 U.S.C. § 1151), including Indian reservations, are not separate from States, but rather, are part of the States in which they are located. Since the Flathead Reservation lands and the waters that flow through it and along its exterior boundaries which the CSKT Water Compact refers to as Tribal “reserved” water rights are now considered part of the State of Montana, they are now subject to concurrent state and federal jurisdiction. This means that the CSKT’s right to occupy Flathead Reservation lands and the CSKT’s rights to the use of such waters are each considered a stick in the bundle of state- and federal-recognized property rights that makes up the Flathead Reservation, and ultimately subject to the U.S. Constitution. Significantly, this also means that CSKT tribal members are both Montana state and U.S. federal citizens entitled to all the rights, privileges and immunities to which other American and state citizens are entitled, including due process of law and equal protection under the law. In Brackeen, the Supreme Court majority held that Congress’s plenary powers over Indian affairs, no matter whether they derive from the U.S. Constitution’s Commerce Clause (Art. I, § 8, cl. 3), Treaty Clause (Art. II, § 2, cl. 2), Property/Territory Clause (Art. IV, § 3, cl. 2), or the Federal-Indian trust relationship, are nevertheless subject to foundational constitutional constraints — a conclusion which even dissenting Justice Alito agreed with! This means that the CSKT Water Compact (SB262, 2015) that Congress and former President Donald Trump enacted into federal law as Division DD (“Montana Water Protection Act”) of the Consolidated Appropriations Act of 2021 (P.L. 116-260, Dec. 27, 2020) (134 Stat. 3008), is subject to foundational constitutional limitations. Therefore, to the extent the federalized CSKT Water Compact converts private irrigator state-appropriated water use rights into federal “reserved” water rights without providing Objectors with an adequate opportunity to be heard (due process of law) and equal protection under the law, it is manifestly unconstitutional. In Navajo Nation, the Supreme Court majority rejected the claims of the Navajo Nation that the express language of the U.S.-Navajo Nation treaty imposed upon the USG a special common law fiduciary trust obligation to affirmatively take steps to make a “reserved” water rights claim and to secure water on behalf of the tribe from the Colorado River. The Court had apparently relied, in part, on the USG brief filed in that action which argued that the USG owed no enforceable trust obligation to the Navajo Nation to make a “reserved” water rights claim and to secure water for the tribe from the Colorado River. According to the Court, there is only a general trust relationship between the USG and Indian tribes. It is my observation that the Navajo Nation treaty language the Supreme Court considered in Navajo Nation relating to the tribe’s land and water rights is substantially similar to the Hellgate Treaty language concerning the CSKT’s land and water rights. Consequently, the express language of the Hellgate Treaty, like the express language of the Navajo Nation treaty, does not impose a special common law fiduciary trust obligation on the USG to take the affirmative steps recognized in the CSKT Water Compact to secure, quantify, prioritize and protect the CSKT’s claimed Tribal Water Right against claims made by Montana or its nontribal citizens. In sum, based on the U.S. Supreme Court’s landmark decisions in Castro Huerta, Brackeen and Navajo Nation, the USG is compelled to establish that it now possesses the requisite Article III standing to maintain its previously filed petition with the Water Court, on behalf of the CSKT, seeking the adjudication of the Tribal Water Right. Because the USG will be unable to establish that it possesses such standing, the Water Court has no choice but to dismiss these CSKT Tribal Water Right adjudication proceedings at once. That the Water Court went out of its way to unlawfully deny only the non-lawyer Objectors to the CSKT Water Compact the opportunity to raise these critically important threshold issues at Thursday’s oral hearing is truly astounding, if not profoundly offensive to the notion of due process of law. It also is especially disappointing, since a party had recently raised the very same threshold issue before the New Mexico federal district court on Oct. 4, during its adjudication of the Jemez River in the case of United States v. Abousleman, No. 6:83-cv-01041, and the district court responded on Nov. 12 with an order providing all interested parties with the opportunity to file responsive briefs. 

Lawrence A. Kogan, Esq, is managing principal of the New York City-based Kogan Law

From: https://missoulian.com/opinion/column/montana-water-court-s-astounding-deprivation-of-due-process-lawrence-a-kogan/article_ea2ec4f6-a30a-11ef-bf75-f719863ac2b4.html#tncms-source=login   11/17/2024

Wednesday, August 14, 2024

FOR YOUR COUNTY IN AMERICA



 

EVERY COUNTY IN AMERICA HAS THE RIGHT

TO BE A

 "TENTH AMENDMENT SANCTUARY COUNTY! "

__________ 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 _______County, _________, is vested with the authority of administering the affairs of ______ County, including Planning and Zoning and the Economic Development,
WHEREAS, Federal jeopardizes the Economic Development of ___________ County through its repeated trespass and overreach attempts to enforce unconstitutional demands on Water Rights in ________ 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 ___________(states west of the 100th Meridian) 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 _________, and
 WHEREAS ________County in the State of ________ does not have ‘Navigable’ Waters as defined in ArtIII.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 ________County Citizens to deny any Federal Agency action that is outside of Federal’s Enumerated Powers, and
WHEREAS, no waters in _________ 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 ________ and the County of _________ has been appropriated, and
WHEREASColorado Bill of Rights Article II Section 3. “All persons have certain natural, essential and inalienable rights, among which may be reckoned the right of enjoying and defending their lives and liberties; of acquiring, possessing 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 __________ 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 __________ 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

________________COUNTY, __________


+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

* Colorado...This resolution is structured for states west of the 100th Meridian under the Spanish - First in Time, First in Right law. Since Federal doesn't own water, and has to acquire it just like all other entities, this can be readapted for states east of the 100th Meridian that are under the English/Riparian Water Law. 

BUT ARE WOLVES NATIVE?

 



BUT ARE WOLVES “NATIVE"?

By Jim Beers
Forget all these “grey”, “red”, “Mexican”, “timber” , etc. modifiers for wolf.
Wolves, from large (150 #’s and up) Dire wolves that greeted the first cavemen from Asia arriving in North America as glaciers were receding, to the modern North American wolves (larger as you go N to the Arctic Circle and smaller as you go S to Mexico) have all at one time or another inhabited what we now call Colorado.
Dire wolves went extinct millenniums ago. Their descendants (wolves/coyotes/dogs) have come and gone many times from various areas because of food scarcities or human (cave dwellers/Indians/Europeans) interventions that goes from Maine to Washington and Florida (although early Spanish expeditions reported no wolves in Florida pre-European-Settlement) to S. California.
You must understand what is meant by the very non-scientific term “Native” and “Non-Native.
No plant or animal has always been wherever. They come and go with weather (temperatures, moisture, food supplies, fires, etc.).
What is meant today when you are asked about the “Native” bona fides of any plant or animal is were they “here” or “there” when evil Europeans arrived and raped “the environment” while destroying the “Native” population, society and ecosystem. It is really a term signaling intent to right what is recognized (by some) as a monumental wrong: thus the almost religious goal of “re-establishing’ “native” species to assuage guilt.
So despite the fact that wolves, free-roaming buffalo, grizzly bears, et al no more belong or can be thought to belong in the 21st century Lower 48 States, the government on behalf of rich ideologues spends millions and oppresses millions of rural Americans with these destructive and often deadly “native” animals.
I won’t get into all the other hidden agendas like land control; eliminating grazing, logging, hunting, etc.; vacating rural lands and communities; and simple bureaucrat/politician benefits. Is the pheasant or brown trout to be killed off because we “introduced” them over a century ago and have since proved to be great additions to rural America?
The term “injurious” or “invasive” covers harmful newly arrived (whether by ships like Zebra Mussels or by federal government perfidy like Asian carp, pythons, and constrictors) animals, terms that denote a desire to exterminate them.
“Native” and “Non-Native”, while intended to denote such hostility are simply a propaganda term of art like the “Newspeak” described by Orwell in some dystopian novel.
Q. So, were there wolves in Colorado in 1492 or 1776? A. YES.
Q. Were there wolves in what is now Colorado in 1200 or 32 AD? A. Probably but no one really knows for sure.
Q. Were there wolves in Colorado in 1806 when Zebulon Pike was arrested by Spanish Conquistadors or in 1876 when the Territory became a State? A. YES.
Q. Do wolves belong in Colorado today? A. NO.
1. Biologically, the answer is simply an expression of opinion. The “ecosystem” is neither better nor worse with or without wolves; only different.
2. The governmental assertions of wolves being “good” or “endangered/threatened” is simply an all too often heard lie constructed for political/bureaucratic benefit.
3. The imaginary fantasies of teachers, children and others in large urban areas (whose votes control State and federal lawmakers) are a symptom of me having the luxury of telling you what to do (be a vegan, drive electric cars, stop using air conditioners, etc.) when it makes me feel good, costs me little, does not harm me or my dear ones, and importunes rural people for whom I have no empathy.
4. As a matter of fact>>
A. Wolves kill livestock and big game in large numbers and will eventually make each (along with producers and hunters) very rare.
B. Wolves kill all manner of dogs unless they interbreed opportunistically with the thereby creating a growing number of wolf/dog/coyote mongrels.
C. Wolves are very efficient vectors spreading more than 30 deadly diseases, infections and maladies from rabies, chronic wasting disease and Mad Cow to Foot-and-Mouth, anthrax, rabies and deadly fevers like Bourbon and Powassan.
Simply put, WOLVES DO NOT BELONG IN SETTLED LANDSCAPES from Asia and Europe to the USA and Canada.
No matter how many or how much land is declared “wilderness” the wolves multiply and wander over vast distances and frequent where there is food and they avoid harassment. That means the “settled landscapes”. Wolves are omnivorous and be it calves sheep, cows, moose, elk, hunting/watchdogs, garbage, whatever they will eat it just like your pampered dogs. Especially when they are habituated around humans or hungry as in winter or when feeding pups (Siberia and Russia have extensive records here) they will attack and eat children and elderly persons along with joggers and college age students.
The factual information pro or con wolves in settled landscapes is 100 to 1 against wolves wherever possible: the Ancestry/DNA test results on the imaginary “native” status notwithstanding.

Roni share this with whoever you like. I hope you are well and Merry Christmas…Jim Beers, December 11, 2019

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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