To the Siskiyou County Board of Supervisors Regarding Ground Water Ordinance 

This was read to the supervisors on July 13 2010

From the Scott Valley POW – Protect Our Water

I would like to share some information to help the Board of Supervisors make an informed decision as to the wisdom of continuing with the Ground Water Management Ordinance.

Please, allow me to give you some background information which may influence your decision regarding the burdens and conflicts which this Ordinance will bring to Siskiyou County citizens.

This Ordinance would create a Ground Water Committee to be made up of, SOSS, Farm Bureau board members, and ground water users.

I would like to remind you that the RCD Board, (some of whom are Farm Bureau board members), with the full cooperation of the SOSS, are currently involved in a criminal activity. Under the guidance of the CDFG, the RCD board is administering the Section 1600/CEQA/ITP “Permit Process”. “Any diverter not in compliance face fines of up to 25,000 dollars and prosecution”. This threat was conveyed by letter, RCD/CDFG workshop, and site/ranch visits by armed CDFG personnel. These threats and attempts at extortion are crimes.

The RCD/CDFG Board, which includes some Farm Bureau Board members, along with SOSS, will very likely face serious civil and/or criminal action because of the methods employed and the substance of the “permit process”. Some of this liability will most certainly be assigned to Siskiyou County Government for allowing this to continue.

The RCD/CDFG is aware that Section 1600 has been narrowly defined by the Office of Administrative Law in Decision #4, 1998. Section 1600 is defined as: physical disturbance of bed, bank or channel including the removal of gravel or other material from the river or streambed. This refers specifically to gravel mining, bridge building, construction of streambed crossings and other types of construction. Section 1600 does not refer to diverting water or the use of the streambed crossing after it is built, nor does 1600 refer to a host of other activities that the RCD and CDFG pretends are “covered activities”. In the AOL decision, CDFG was warned not to “Embellish” the regulations to accomplish goals which are not stated in the regulations.

The RCD/CDFG warns of $25,000 dollar fines for failure to obtain an ITP when Fish and Game Code Section 2087a provides a specific exemption from the ITP during routine ongoing agricultural activities.

CEQA section 15261 b grants exemption to private parties in ongoing activities.

The RCD/CDFG and possibly the SOSS has exposed itself and Siskiyou County to what amounts to serious liability by persisting in a process that is clearly illegal. This liability is compounded by the written and verbal threats and attempts to coerce or extort money, signatures, information and permits that are not required.

Is this the Committee the County wishes to place in charge of our Groundwater?

The RCD and its Farm Bureau Board members have demonstrated poor tactics and ethics. Any decisions reached by this Ground Water Committee would immediately be challenged.

This County is battling the CDFG to gain justice for the Citizens of Siskiyou County during the proposed Dam Removal. Is Siskiyou County willing to look the other way while a County sponsored RCD Board is in collusion with the CDFG to extort money and property from those very same Citizens? The reward for this behavior is yet more power over our liberty and property in the form of Groundwater management?

We The People of Siskiyou County do not want or need a committee of appointed officials, with known ethical conflicts of interest, placing themselves in charge of “managing our groundwater”. This is certainly not justice for the Citizens of Siskiyou County. Does the Board of Supervisors wish to invite further legal action or voter action in what is already a very litigious year?

Would the County presume to tell us when we could water our gardens, our stock or our crops? Does the Board of Supervisors presume that THE PEOPLE will allow them to place our water or our property under the Boards expert management? Aren’t you listening to the publicity surrounding KBRA and the ITP? We do not want, nor do we need a Ground Water management Ordinance. We say NO! We will stand upon the Constitution of the United States and The Constitution of the State of California. We will not submit. We will fight to protect our Liberty and our property. You as our government are pledged to defend the rights of the Citizens of this County. If the Siskiyou County Board of Supervisors fails in that responsibility, We the People, will replace YOU!