Dungeness Water Rule: Control of the water – control of the people

Briana,

As per your email to Marguerite Glover

From: Phillips, Briana (ECY)

Sent: Monday, April 01, 2013 4:18 PM

To: marg@sequim.com

Subject: Dungeness Water Management Rule Implementation Forum

My understanding of YOUR DOE WRIA 18 agenda?

Your goal is to bring leaders of the local community so YOU can track progress, YOU ask questions, YOU identify issues, and share information.

(1) identify to whom we should send the meeting notices and agenda

If you wish to Identify Dungeness Water Rule issues?

I suggest that you start by READING the nearly 1000 WRIA 18, Dungeness Water Rule public comments posted on line.

I am NOT a leader in the local community.

I have been a member of the Clallam County DOE SMP Update Committee for over two years

DOE’S REPUTATIONS PROCEEDS THEM, WA STATE DEPT. OF ECOLOGY WATER RULES

• I am JUST  an American WRIA 18 vested private property owner.

AND INDEED, I DO HAVE ISSUES WITH THE WRIA 18 DOE DUNGENESS WATER RULE?

ONLY IN THE UNITED STATES OF AMERICA?
Using the Clallam County DOE WRIA 18 Dungeness Water Rule shall there be criminal prosecution of a person for illegally watering a vegetable garden and livestock on his private property?
A punishable American WA State water law crime?
For even attempting to provide food for an American family.

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PROCEDURES TO ENFORCE WATER LAWS – DOE WILL BE WATCHING YOU
1. Aerial Surveillance for criminal water activity
2. Aerial photographs for criminal water activity
3. Google earth historic records for criminal water activity
4. DOE inspection triggered by thriving Green summer vegetable garden
5. DOE drive by visual of criminal water activity
6. DOE on site inspections criminal water activity
7. DOE inspection triggered by Reports of criminal water USE by your neighbors
8. DOE Annual inspection
9. DOE metered water consumption (over 150 gallons a day)

·         If you wish to Identify Dungeness Water Rule issues?

·         Please visit my website “behindmyback.org.

• USA Water Law Crimes

Posted on March 23, 2013 12:30 pm by Pearl Rains Hewett Comment

WHAT ARE THE CRIMES? AND WHO ARE THE REAL CRIMINALS?

THIS IS A PUNISHABLE AMERICAN WATER LAW CRIME

Not even in a third world country SHALL THERE BE CRIMINAL PROSECUTION OF A PERSON FOR ILLEGALLY WATERING A VEGETABLE GARDEN TO PROVIDE FOOD FOR HIS FAMILY.

ONLY IN THE UNITED STATES OF AMERICA?
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A NATURAL DISASTER IS ONE THING. USA LEGISLATED WATER LAW “DUST BOWLS”

Dust storms in the 1930s DUST BOWL
www.ldeo.columbia.edu/res/div/ocp/…/dust_storms.shtml
The Dust Bowl drought of the 1930s was one of the worst environmental disasters of the Twentieth Century anywhere in the world. Three million people left their …

See Ben Cook (NOAA) Ron Miller (NASA GISS) Richard Seager (Lamont-Doherty Earth Observatory) See our page “Was the Dust Bowl Predictable?”

The man made “dust bowl” water laws created and legislated by federal and WA state elected representatives, may end up being one of the worst environmental disasters of the twenty first century anywhere in the world. Three million American people were deprived of water by drought in the 1930s.

Now, in the 21st century how many million PRIVATE American citizens ARE BEING DEPRIVED OF WATER by man-made law?

ONLY IN THE UNITED STATES OF AMERICA?
Using the Clallam County DOE WRIA 18 Dungeness Water Rule shall there be criminal prosecution of a person for illegally watering a vegetable garden and livestock on his private property?
a punishable American WA State water law crime?
For even attempting to provide food for an American family.

ONE OF THE WORST UNITED STATES LEGISLATED, MAN MADE ENVIRONMENTAL/ECONOMIC DISASTERS ANYWHERE IN THE WORLD?

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PROCEDURES TO ENFORCE WATER LAWS – DOE WILL BE WATCHING YOU
1. Aerial Surveillance for criminal water activity
2. Aerial photographs for criminal water activity
3. Google earth historic records for criminal water activity
4. DOE inspection triggered by thriving Green summer vegetable garden
5. DOE drive by visual of criminal water activity
6. DOE on site inspections criminal water activity
7. DOE inspection triggered by Reports of criminal water USE by your neighbors
8. DOE Annual inspection
9. DOE metered water consumption (over 150 gallons a day)

WHAT ARE THE CRIMES? AND WHO ARE THE REAL CRIMINALS?

Clouded Waters US Senate report the EPA clean water act
not federally legislated? and not supported by science?
investigation of EPA sue and settle? (both documented on line)

VIOLATION OF THE AMERICAN CONSTITUTION (is that a crime?)
ALL MEN ARE CREATED EQUAL, GUARANTEEING, WE THE PEOPLE, LIFE, LIBERTY AND THE PURSUIT OF HAPPINESS.(right to privacy be damned)

THERE ARE FEDERAL GOVERNMENT EPA AND STATE HEALTH “WATER CRIMES” FOR VIOLATION OF THE CLEAN WATER ACT.

THERE ARE FEDERAL AND STATE GOVERNMENT LAWS CREATED BY THE DEPT. OF FISHERIES WATER LAWS FOR THE PROTECTION OF SALMON.

THERE ARE FEDERAL AND WA STATE LEGISLATED WATER LAWS, CREATED TO PUNISHMENT AMERICAN CITIZENS FOR CRIMES THAT VIOLATE THESE MAN MADE WATER LAWS.

INDEED,
WHO? AND WHAT? UNDER THE UNITED STATES CONSTITUTION, IS BEING VIOLATED UNDER FEDERAL AND STATE WATER LAW?

This entry was posted in Elected Officials, EPA Clean Water Act, Federal Environmental Protection Agency, Senate Hearings on EPA, WA State Dept. of Ecology. Bookmark the permalink.

• Deprived Of Our Water

Posted on February 13, 2013 12:35 pm by Pearl Rains Hewett Comment

DEPRIVED OF OUR WATER RIGHTS AND OUR RIGHT TO WATER

An introduction to a series by Pearl Rains Hewett
“behindmyback.org” – CLOUDED WATERS

DEPRIVED OF OUR WATER
BY THE APPOINTED FEDERAL – STATE AGENCIES – TRIBAL TREATY -TAPPED
This series of on the taking and depravation of our water rights will report, document and expose the many ways we the people are being deprived not only of our water right, but to our right to water.
THE Environmental Protection Agency (EPA)
The source point of our deprivation comes from THE TOP via a federally Appointed Agency. The Environmental Protection Agency (EPA) is federally funded by our centralized US Government in DC.

UNITED STATES SENATE REPORT CLOUDED WATERS
(previously posted behindmyback.org.)

A Senate Report Exposing the High Cost of EPA’s Water Regulations and Their Impacts on State and Local Budgets
United States Senate Committee on Environment and Public Works
Executive Summary
This report examines the impacts on state and local governments of several water regulations that EPA is, or will shortly be, implementing: new water quality criteria in Total Maximum Daily Load (TMDL) and numeric nutrient criteria (NNC) for geographic locations, new stormwater rules, and the new Pesticide General Permit (PGP). These rules carry with them significant unfunded mandates that will cost state and local governments tens, if not hundreds, of billions of dollars.
Importantly, these new rules are not the outcome of legislation or rigorous scientific findings, but a direct result of a number of lawsuits with environmentalists. The agreements to regulate often did not include any meaningful opportunity for input from state and local entities.
Report Online at www.epw.senate.gov/inhofe

FEDERAL APPOINTED EPA
The areas of Congressional, opinion of Tribal reserved water, how the tribal instream flow and Boldt decision is involved. This series will include the trickle down effect of the Appointed EPA Clean Water Act etc. and shall address both being deprived of our water, our right to water and the financial impact on we the people.

WA STATE DEPT OF ECOLOGY (DOE)
It will examine and document the many parts that appointed State agencies, the WA State DOE specifically plays in the deprivation of our water private and riparian rights in Counties in WA State. It will question both the DUE PROCESS of LAW and competency of the WA State DOE in creating and imposing and the WA Rules in WA State. The topics of DOE coerced monopoly and Commodity trading will also be discussed

THE DUNGENESS WATER RULE
Any and all OTHER related documented information that fit under this category and have
Previously been posted on “behindmyback.org”

PUBLIC COMMENT
It will address the documents the nearly 1000 public comments sent to the WA State DOE on the Dungeness Water Rule from the people of Clallam County and the mote effective that those comments had on the decision of the DOE Appointed State Agency. Why did we bother with nearly 1000 comments? When all we got back was 525 pages of response from DOE and no change in The Dungeness Water Rule.

TRIBAL TREATY RESERVED WATER RIGHTS – INSTREAM FLOW
Demands by the tribes of up to 143% of instream flows, lawsuits, intended use, Casinos, strip malls, etc. Under the threat of a federal lawsuit by the tribes,
WA State WSDOT committed to $1.5 BILLION dollar to replace culverts for fish passage in WA State

“TAPPED” THE SELLING OF OUR WATER
From the “TAPPED” water on the East coast by Nestles a Swiss Company, to Anacortes WA, the sale of Skagit River Basin water, 5 million gallons of water a day sold to a private bottle water company is the BIGGEST TAPPED WATER in the United States of America. While, 6000 farmers and private property owners are left with ZERO water rights in the Skagit River Basin under the WA State DOE Water Rules.

FROM “CLOUDED WATERS” SENATE REPORT
That will cost state and local governments tens, if not hundreds, of billions of dollars.

LOCAL ECONOMIC IMPACT on we the people
City of Marysville my sister received a $700.00 bill for stormwater runoff. She has a private well and drain field on her property.

Clallam County WA I will have $108.00 added to my Clallam County property tax for for stormwater runoff on my home for a 50′X150′ lot.

King County my son’s water bill is higher than his electric bill

City of Port Angeles WA I paid over $90.00 in water related charges for $1.91 of water usage.

I encourage our State, County and local elected officials, to send comments on our behalf to….
UNITED STATES SENATE REPORT CLOUDED WATERS
Report Online at www.epw.senate.gov/inhofe

This entry was posted in APPOINTED FEDERAL AGENCIES, Dungeness Water Rule, Economic Impact, EPA Clean Water Act, Intro to Deprived Of Our Water, Public Comments, Tribal Right issues?. Bookmark the permalink.

I have attended two DRMT meetings, (AKA leaders meetings) and the John Wayne Marina mitigation forum.

ISSUES INDEED

DOE’S REPUTATIONS PROCEEDS THEM, WA STATE DEPT. OF ECOLOGY WATER RULES

DOE water Rules in SKAGIT COUNTY

6000 farmers and rural landowners DENIED WATER in the …
citizenreviewonline.org/6000-farmers-and-rural-landowners-d…
Nov 6, 2012 – One couple on this “JUST WATER Alliance Video has owned and paid taxes on their retirement property in Skagit County for 25 years.

Just Water Alliance – Skagit County Republican Party
skagitrepublicans.com/…/just-water-alliance-fighting-water-rig…
Just Water Alliance – Fighting For Water Rights In Skagit County … watch an informative video of the situation land owners in the Fisher-Carpenter Basin face.

The Anacortes/Swinomish Connection – Just Water Alliance
justwateralliance.org/…/anacortesswinomishconnection.html
The story of water in the Skagit isn’t about salmon. … The Swinomish and Anacortes are working to take water from landowners and farmers of the Skagit Basin, …

[PDF]
SKAGIT COUNTY – Just Water Alliance
www.justwateralliance.org/Breachof1996MOA.pdf
File Format: PDF/Adobe Acrobat – Quick View
Nov 5, 2012 – create a Skagit River water resource management plan between several key … locally-controlled water planning process is preferable to basin …

Bottle the Skagit River? — Read The Dirt
readthedirt.org/2012/02/10/bottle-the-skagit-river/
by: Defending Water in the Skagit River Basin: Sandra Spargo Posted on: February 10, 2012 … “Just as forests and fish, clean water is a finite resource. …. We need to add a lot more members to our Alliance for Democracy, so hope that this …

The Great Skagit River Water Fight Heads to Court November 13 …
writteninconcrete.com/?p=3389

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visit my website behindmyback.org for more educational WATER posts

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Questions by Kaj – Response from DOE
Posted on February 3, 2013 11:27 am by Pearl Rains Hewett Comment
Dungeness Water Rule

Ecology responses to questions from Kaj Ahlburg
January 29, 2013

Deprived Of Our Water
Posted on February 13, 2013 12:35 pm by Pearl Rains Hewett Comment
DEPRIVED OF OUR WATER RIGHTS AND OUR RIGHT TO WATER

We Wish To Be At The Table
Posted on February 9, 2013 3:53 pm by Pearl Rains Hewett 1 Comment
WE ARE THE VICTIMS OF THE APPOINTED DOE DUNGENESS WATER RULE

• I am requesting that our elected Clallam County representatives with due diligence, for we the people, find a way to place or appoint a……
  VESTED AMERICAN CITIZENS ON THE WATER TRUST AND Dungeness water ADVISORY COMMITTEES

VESTED AMERICAN CITIZEN
we shall not be called AD HOC citizens,
by definition done or set up solely in response to a specific situation or problem, without considering wider or longer-term issues

We are not simply stakeholders
by definition, a person or group with a direct interest, involvement, or investment in something, e.g. the employees, stockholders, and customers of a business concern

WE ARE VESTED stake holding, stock holding AMERICAN CITIZENS
vested by definition, having an unquestionable right to the possession of property or a privilege. (including the right to riparian water property rights)

We purchased and paid for property that included valuable riparian water rights, as recorded on the title to our land. Water rights that included indoor use, watering our crops and livestock.

WA State DOE has taken the value of our riparian water rights from our private land
They intend to mitigate, sell and trade our water, including mitigating and selling our OWN WATER RIGHTS back to us, at an exorbitant price.

We have NOT been compensated BY WA State or the APPOINTED WA State DOE. for the value of water rights taken nor for the loss of property value due to the taking of our riparian water rights.

Pearl Rains Hewett

This entry was posted in Dungeness Water Rule, Economic Impact, Intro to Deprived Of Our Water, Public Comments. Bookmark the permalink.

• New group to challenge water rule

Posted on February 23, 2013 11:44 pm by Pearl Rains Hewett Comment

FIGHTING FOR THE RIGHT TO REASONABLE USE OF WATER

Olympic Resource Protection Council.
New group to challenge water rule
Sequim Gazette Published on Wed, Feb 20, 2013 by MARK ST.J. COUHIG

WATER -OUR FUTURE, OUR RIGHT
Are you considering any of the following?
Building your dream home or adding on a mother-in-laws apartment?
Raising farm animals?
Planting a lawn or garden?
Don’t let the Government dry up your dreams.

VISIT OlympicResourcePC.org to view a larger map and see why it matters to you.

Words from the Postcards being mailed by the Olympic Resource Protection Council.

This week about 2,800 Clallam County citizens will receive a postcard urging them to join an effort to amend the Dungeness Water Rule. The rule, which was debated for more than 20 years, has been in effect since Jan. 2.
The mailing was put together by the Olympic Resource Protection Council, with funding provided by the North Peninsula Building Association.
Greg McCarry, a local builder, said the cards represent the launch of the organization’s fundraising program.

McCarry serves on the council’s board, along with Port Angeles businessman Kaj Ahlburg and NPBA Executive Director FaLewana Wech.
The council has incorporated and is now seeking IRS approval as a 501(c)(3) nonprofit corporation.

McCarry and his fellow board members had announced their plan to challenge the rule when it was first published, saying they were seeking $100,000 for a legal fund.
He said since that time they haven’t been actively seeking funding and have instead concentrated on creating the organization and establishing a “meeting of the minds” on the organization’s goals.

Among those goals, McCarry said, is an expansion of the board to from three to perhaps seven-to-nine members.
Ahlburg said the 501(c)(3) designation is suitable because the organization won’t “advocate for or against any candidate or legislative measure. We’re going to advocate for responsible stewardship of the environment.”

He said that begins with educating the public.

Ahlburg and McCarry agreed that in addition to education, the organization hopes to move Ecology to formulate a more reasonable rule — one with local control.
“The mechanics are really up to Ecology and how they choose to respond to our efforts,” McCarry said. “We actually hope that we can sit down at the table. If we have to go the ultimate — to litigation — we’ll do that. But we’re hoping they’ll come to the table and talk.”

McCarry said he’s confident that by providing further education to the public they will drum up the necessary support from Clallam County residents.
Either way, they should know soon. “We selected enough to give us a fairly good measure to determine what kind of response we’re going to get,” McCarry said.
“We’ll be able to gauge the momentum in 30-60 days.”

Amend, not delete
McCarry said they’re not seeking to see the rule tossed.
“We’re accepting the fact that there’s a rule,” he said. “Our primary purpose is to move this to local control. We want to see an elected body of officials who are responsible for the oversight of the whole program.”

McCarry said responsibility for the program will most likely fall to the county commissioners: “The fact that we can elect county commissioners means that people can make their feelings known to whoever is elected.”

McCarry added that while a lawsuit remains a possibility, “It is our least-preferred alternative. But it’s a strategy that we feel that we have to pursue if we can’t work out something reasonable to get local control, which is our primary goal.”

Ahlburg, who has been involved with the issue since he moved to the peninsula eight years ago, said Ecology has “proven completely unresponsive to any requests for changes from the public.”

He added that Ecology also failed to engage with local public officials who sought answers to their concerns.

“We feel that unless there is a threat that the rule might be overturned, which would have bad presidential effects for Ecology, they’re unlikely to sit down and discuss this in a good faith fashion.”

Ahlburg said details regarding the rule’s implementation continue to change. “It seems like every time we get a printed document that represents responses to questions, we get different information.”

He noted that at the Jan. 17 public meeting hosted by Ecology in Sequim, those present were told that a domestic water certificate would cover all of the use of water in a home. The amount used was largely immaterial.

More recently the Washington Water Trust, which will handle the processing of the certificates, has said they expect homeowners to sign a contract that limits water use to 65 gallons per day per person. “And,” Ahlberg added, “you’re required to report yourself to Ecology if you use more.”

“When you hear details, it seems it’s always worse than the last time.”

He added that in recent days he was surprised to learn that certificates for outdoor water won’t allow for watering livestock.
“You have to negotiate a separate agreement every time someone wants a pony.”

Ahlburg said he believes the rule is vulnerable because it “arguably exceeds Ecology’s authority, including setting as a minimum (river flow) levels that have never been achieved.”
“There have also been significant procedural problems, including problems with their cost-benefit analysis. They seem to be making up benefits and ignoring costs to make the scales work out. That’s not the way state law allows.”

He said filing suit in Thurston Superior Court, where Ecology’s headquarters are located, might be a first step. But any decision at that level would likely be appealed.
“If you attack the procedural elements of the rule, you have two years,” to file he said. “December 2014. But we have no intention of waiting that long.”

For more information, call McCarry at 509-0633 or see www.olympicresourcepc.org.

Reach Mark Couhig at mcouhig@sequimgazette.com.

This entry was posted in Dungeness Water Rule, Economic Impact, Fear in America, Intro to Deprived Of Our Water, WA State Dept. of Ecology. Bookmark the permalink.
WA State Legislated Intent?

Posted on March 21, 2013 1:02 pm by Pearl Rains Hewett Comment

WRIA 18 DUNGENESS WATER RULE

Worst of all, the powerless Americans private property owner in Clallam County, that mitigated for indoor water use only, shall be spied upon, reported and prosecuted for such trivial transgressions, as a green summer vegetable garden on their private property, in the free world, located on soil in the United States Of America.
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God forbid that WA State ELECTED representatives would dirty their political hands and reputation by being questioned and held accountable in public meetings concerning such a reprehensible Un-American TAKING OF OUR WATER.
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Was it the Legislated intent of WA State to IMPOSE PARAGRAPH ONE ON AMERICAN CITIZENS LIVING IN ANY COUNTY IN WA STATE?
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The GREAT WHITE KNIGHT OF WA STATE, (our elected representatives)
sit in their Olympia Castle and have NOT even considered a CRUSADE on the behalf of their water deprived serfdom. (taxpaying voting constituents)
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A LIST OF QUESTIONS FOR A TOWN HALL MEETING ON THE WRIA 18 DUNGENESS WATER RULE

1. Have you ever read the DOE Rule?

2. Do you have personally knowledge of the nearly 1000 public comments sent to DOE?

3. As an ELECTED WA State representative, are you comfortable with ignoring public opinion?

3. Have you read the 525 pages of answers prepared by the DOE?

4. Did legislators vote to invalidate the first economic impact statement?

5. Who? in fact, did make the decision to throw out the first economic impact statement?

6. If you were named personally on a lawsuit? As a accountable WA State legislators, how would you prepare to defend the SECOND WRIA 18 economic impact statement in a court of law?

7. Under WA State Law what legal status does the WA Water Trust hold?

8. Is the WA Water Trust bound by the WA State Public Meeting Act?

9. Where under WA State law is the WA Water Trust held financially accountable for public funds?

10. Is the WA Water Trust some elite (definition added for emphasis) privileged minority, a small group of people within a larger group who have more power, social standing, wealth, or talent than the rest of the group, exempt from WA State law?

11. Can you explain to us exactly, from a legal standpoint, where and how the WA State Dept. of Ecology (DOE) derived the legal power, to legally nullify all powers of the duly elected Clallam County officials with regard to the WRIA 18 Dungeness Water Rule?

12. Can you explain to us exactly, from a legal standpoint, where and how the WA State Dept. of Ecology (DOE) derived the legal power, to legally nullify all powers of Clallam County Home Rule Charter?

13. Are you familiar with the DUE PROCESS OF LAW?

14. As a accountable WA State legislators, would you be prepared to defend the WA State legislated actions, that you have taken as a representative body, to guarantee, that as a government body you used due diligence with respect to all DUE PROCESS OF LAW requirements in the creation of the WRIA 18 Dungeness water Rule?

15. How many lawsuits have been filed against your appointed DOE in the last five years?

16. Can you give us a ball park figure? You will send us a complete copy of those numbers?

18. Can you give us an educated guess on how much WA State taxpayer have paid out to DEFEND your APPOINTED DOE? You will send us a complete copy of those numbers?

19. Will you send us copies of all lawsuits FILED against your appointed DOE and the disposition of those cases? Win, lose, mitigated? You will send us a complete copy of those documents?

21.Will Those documents include all payments made by WA State for all damages incurred by your appointed DOE? and paid out to private property owners?

20. Can you give us an educated guess as to how much private property owners paid out of their own pockets TO PAY FOR LAWSUITS TO DEFEND THEIR PROPERTY RIGHTS FIGHTING AGAINTS YOUR APPOINTED DOE? You will send us a complete copy of those numbers?

21. You don’t keep copies? You don’t know? You don’t CARE?

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IT’S A DIRTY JOB, BUT SOMEBODY HAS TO DO IT

Shall the WA State elected representatives (administration) continue to protect their legislated appointed untouchable WA State DOE in their REIGN AS WATER RULERS? (come hell or high water instream flows)

Our Elected WA State Representative Act to protect the most powerful legislated appointed agency in WA State, the DOE, in the face of overwhelming evidence of the unwarranted TAKING OF WATER RIGHTS

Indeed, political elites are not only vested with immunity for the actions of their DOE appointment, but allow the WA Water Trust to thrived as a result of it, even as ordinary PRIVATE PROPERTY OWNING Americans in WRIA 18 suffer the effects of the scientifically inconclusive Dungeness water shortage.

Worst of all, the powerless Americans private property owner, that mitigated for indoor water use only, shall be spied upon, reported and prosecuted for such trivial transgressions, as a green summer lawn on their private property, in the free world, located on soil in the United States Of America.

This entry was posted in DUE PROCESS OF LAW, Dungeness Water Rule, Elected Officials, WA State Dept. of Ecology. Bookmark the permalink.

If anyone reads this far? Yes, I did say “ECOLOGY SUCKS” that is my position and I am sticking with it.

Pearl Rains Hewett