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

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

WHEREAS, Colorado 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

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 8^th 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 20^th 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 8^th, testified on FEMA

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

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

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

JUNE 10^TH testified.

JUNE 12^th testified.

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

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

JUNE 21^ST 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 12^th, 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.

 

CORRECT PUBLIC TO FEDERAL LANDS

 Friday, March 16, 2018

DOI - Correct "Public" to "Federal" Lands!

Dear Secretary of DOI, Ryan Zinke,

BLM Acting Deputy Director (Operations) Michael D. Nedd, Deputy Director (Policy) Brian Steed and Acting Chief of Staff Peter Mali, 

In looking your website,  it was so noted that BLM must make the following corrections.  

1) Correct "public" to read "federal." 1976 FLPMA confirmed there are no remaining open (public) lands for settlement. 

2) Correct "wild" horses to read "feral." There are NO "wild" horses in America. 

3) Range Allotment Owners and otherwise property owners on Federal Land would greatly appreciate educational signage that would include language along the line of the following. You may want to consult with Dr. Angus McIntosh, as he's one of few individuals in the United States who knows statutes and policies inside out. 

You are now entering Federal Land. Please be respectful of Property Owners. 

On this land they own livestock, forage, easements, improvements and beneficial use of water. 

Do NOT take any water or forage samples or cause damage to any livestock, improvements etc.

Presently, the public is led to believe they own these lands, and therefore unwittingly cause harm to property owners. 

You can stop harmful actions, by providing the public with accurate information. 

Thank you,

Roni Bell Sylvester 

Here's a great example as to why DOI must make the corrections!

Monuments For All‏ @MonumentsForUSA Jan 17

URGENT: America's heritage is at risk! Tell @SenCoryGardner to defend our public lands and #MonumentsForAll.

Replying to @MonumentsForUSA @SenCoryGardnerMoBecause there are no "public" lands, please identify (provide a map) the exact "surveyed acreages" you want Senator Gardner to d