FARMER PANIC! CROPS DIE AS GOV’T BLOCKS WELLS

 

WND EXCLUSIVE

FARMER PANIC! CROPS DIE AS GOV’T BLOCKS WELLS

Big Brother refuses to allow citizens to rescue harvest

Published: 9 hours ago

 

By Jack Minor

GREELEY, Colo. – Farmers in Colorado are watching their fields dry up amid one of the worst droughts in the state’s history.

But just a few feet beneath them, the water is so plentiful it’s flooding basements and causing septic systems to overflow.

Yet the government will not permit farmers to pump the water to save their crops.

With a lower-than-normal snowpack, farmers in northeastern Colorado who rely on the South Platte River are facing severe water shortages in which they are not able to even water some of their crops.

Dennis Hoshiko, a fourth-generation onion farmer with 2,500 acres, said he has let around 15 percent of his land sit fallow this season because of a lack of water.

“We have entire sections where the seeds were planted a month ago in dry earth, and they have not sprouted yet because they have not been watered.”

While it may seem to be a case of battling Mother Nature, the problem could be solved if government officials would simply flip a switch.

Many of the farmers have wells that draw groundwater for use in situations like this. But in 2006, the Colorado Supreme Court ordered 440 wells shut down and curtailed the pumping of another 1,000.

Under long-established Colorado water doctrine, water is distributed under the principle of first in use, first in right whereby prior users have senior rights to junior users. The decision to shut down the wells came about during a historic drought in the early 2000s that caused water in the South Platte River to become scarce.

Senior right holders such as the cities of Boulder, Centennial, Highlands Ranch and Sterling, which had experienced phenomenal growth in the 1990s, became concerned their water supply in the river basin was being depleted by junior water-right well owners who were pumping water from the Alluvium Aquifer, which flows into the South Platte River Basin.

Following the shutdowns, the volume of water discharged into the artificial recharge systems in the South Platte Basin has increased, reaching more than 350,000 acre-feet in 2009. The increase in ground water has now come to the point where local basements are being flooded, causing damage to the homes.

Doug Leafgren, president of Northern Colorado Geotech, which conducts soil and percolation testing, said his organization has noticed higher groundwater levels during their subsurface investigations in the county over the past four or five years.

Glen Fritzler, a farmer who operates the nationally known Fritzler Corn Maze that has been featured on the “Today” show, said he has spent more than $50,000 in home repairs because of flooding over the past few years.

While the flooding is a concern, Fritzler said the rising groundwater levels are causing area septic systems to fail, forcing human waste to rise to the surface.

Leafgren said septic systems require four feet of soil above a “limiting zone” to work effectively.

“If an older system previously maintained four feet of suitable soil, but groundwater has since decreased this zone, there is potential for contamination of the groundwater system with human waste,” he said. “It could also be possible that higher groundwater would cause the waste to come to the ground surface.”

Despite the rising ground-water levels, officials still refuse to let the farmers turn on their wells, and that means many farmers will be out of water in the next few weeks.

“If we are not allowed to turn our wells on, our crops will dry up and we will lose everything,” Fritzler said. “What is so maddening is that we have the water we need right under our feet, and it is so plentiful it is flooding our basements. We cannot use it.”

Recognizing the severity of the situation, the state legislature recently passed a bill commissioning a study, but it is not required to be completed until June 1, 2013. There is no provision in the legislation requiring officials to permit farmers to turn the wells on before then.

State Sen. Scott Renfroe, one of the bill’s sponsors, said the legislation originally had those provisions, but it was stripped from the final legislation.

“It was not stripped by Democrats, because in Colorado water knows no party lines,” he said. “The opposition came from those who have senior water rights which are generally the big cities such as Denver and Boulder.”

Renfroe said he agrees the wells need to be turned on now. However, he said the study is at least a step in the right direction.

“We have farmers who are hurting from both a lack of water and rising water table,” he said. “Some have said the salt content is so high their soil only has two years of productive use left.”

Renfroe added: “This study should have been done five years ago when the wells were first turned off. I know it’s a baby step, but it’s a huge accomplishment when you consider the environment at the capital. There are many people who want to maintain the status quo. I understand the concerns of senior water holders, and this legislation has a lot of protections for them, but we need to find a way to benefit everybody.”

Fritzler said while he is glad the study will be conducted, he and other farmers cannot wait until next year.

“I have enough irrigation water from the South Platte for perhaps two to three more weeks. The only way we could go beyond that would be for Denver to get significant rainfall every three to five days and that isn’t going to happen.”

Hoshiko said he is in better shape than many farmers, because he has been able to purchase senior water rights but noted that many farmers are not as fortunate.

“Last night I saw a 14-year-old boy shoveling ditches and getting ready to do flood irrigation after the sun went down, and right beside him is a well that is capable of producing 1,200 gallons a minute, but they can’t touch it,” Hoshiko said. “The crops are sitting in dry dirt because we are in one of the worst droughts in Colorado history and we can’t use the water that is right under our feet.”

He said what is frustrating is that droughts like the current one are precisely the reason the wells were drilled.

“Our predecessors built these wells years ago to get us through droughts like this. If they were alive today they would slap us silly for how we are wasting this resource.”

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TO KILL A PIGLET

by Attorney Scott Tips, JD

May 25, 2012
NewsWithViews.com

The State of Michigan does Harper Lee one better with its “Farm Kill” Orders

There were 20 of them, cute and innocent as could be. The farmer raised his shotgun and pumped one shot after another into each one of them, killing every last piglet, and their mothers too. This was heart-wrenching for the farmer, but he knew he had no choice since the State of Michigan was about to descend upon him with a SWAT-style team intending to arrest him as a felon if any of his pigs were found alive on his property. His crime? Harboring an animal that the State had designated as an “Invasive Species.”[1] And this farmer’s tragedy was not the only one to play out in the State, there were thousands of others facing similar dilemmas.

The Invasive Species Order

The Michigan Invasive Species Order (ISO) that kick-started this series of tragedies went into effect on April 1, 2012. Issued by the Michigan Department of Natural Resources (MDNR) in December 2010, the ISO prohibited all “feral” swine, even on private property.[2] Unfortunately for those small family farmers breeding heritage pigs, the ISO identified invasive-species pigs using incredibly vague and common characteristics that would cover virtually all pigs and hogs.

As opponents of the ISO have contended, “Pigs can be identified as invasive – and thus eligible for slaughter – regardless of how long they have been part of animal husbandry in Michigan. They will be rounded up according to the color of their fur (black or striped), their undercoat color (lighter than the topcoat), whether their tails are straight or curly, and other arbitrary characteristics.”[3]

The MDNR alleges that it has a feral-pig problem in the State; and heritage breeds, which are raised outdoors in the Sun and with real soil beneath their hooves in fenced-in spaces on family farms, are wrongly threatened with elimination because they “might escape” and become feral. Interestingly enough, less healthy and certainly less happy pigs that are confined to concrete-floored pens and are treated like factory-line commodities have been given a pass by the MDNR. Ironically, then, the inbred “modern” pigs raised in factory farms are permitted to live while the more genetically-diverse and old-fashioned breeds are destroyed.

The civil fines for violating the cited sections of the Invasive Species Act can be daunting. They range from $1,000 to $20,000 per violation. Kick in the threat of jail time where the authorities meet resistance and you have a very motivating legal combination forcing men to shoot their pigs.

Shakespeare to Blame

On one hand, it’s hard not to sympathize with those who don’t want native species of animals wiped out through the thoughtless introduction of other species. In 1988, the Eurasian Zebra Mussel was most probably dumped out of bilge water into Lake St. Clair, one of the Great Lakes. Today, they are everywhere, clogging pipes, fouling ship hulls throughout the Great Lakes, and outcompeting and eliminating native mussels. Another problem, the foreign Tiger Shrimp, has been spotted in the Gulf of Mexico and along the U.S. East Coast in rapidly increasing numbers in the last few years. These shrimp feed on, among other things, those shrimp native to the Gulf.[4]Some say the outcome of that inter-species battle, in the decades to come, is already a foregone conclusion. Others say, pass the garlic butter.

And in 1890 and 1891, a Bronx resident, Eugene Schieffelin, and his cohorts – with the addled notion that every bird mentioned in the works of Shakespeare should be introduced into the New World – released about 100 starlings from the Old World into Central Park. Today, starlings in North America number more than 200 million! Other bird species that compete for the same aviary ecological niches have correspondingly declined.

A Federal law, called the National Invasive Species Act, was passed in 1996 to try to augment existing controls for these problems.[5] It simply reauthorized and amended the 1990 Non-indigenous Aquatic Nuisance Prevention and Control Act, which dealt with water-borne species. But individual States have their own Invasive Species Orders that they have enacted and enforce with varying degrees of success. As is the trend these days with most governmental actions, the perpetrators are not the Legislatures but rather the unelected bureaucrats to whom the Legislatures or the Chief Executives have delegated (read, abdicated) their authority. In this case, the opening clause of the Michigan ISO has the MDNR announcing its right to issue an administrative order affecting the lives of millions of humans and animals.

The Usual Suspects

Lurking behind the scenes, of course, are the usual suspects – the lobbyists and their bosses, the “concerned” competitors who only want to do what is “right.” Amazingly, though, these competitors’ definition of “right” always seems to fall on the side of what will enhance their profit margins. As Karl Marx once wrote, “There is a direct connection between a person’s pocketbook and their heart.” He may have been a rotten philosopher, but when it came to this perceived link, Marx definitely had his finger on the pulse of humanity.

With the drop-dead date of April 1st (for enforcement of the ISO on pig farms) staring them in the face, Mark Baker of Bakers Green Acres, appeared in front of the Michigan Senate Agriculture Committee to ask that the Senators rescind the MDNR’s Declaratory Ruling specifying the characteristics of prohibited swine, arguing that the Ruling is both biologically and scientifically unsound. Baker’s State Senator had arranged this hearing; and, according to witnesses and the actions that subsequently took place, Baker was evidently very convincing and it seemed as if enough Senators would grant the requested rescission, or at least a 90-day stay.[6]

In a news release, Baker reiterated his arguments. “The DNR says certain breeds of pigs must be banned because there are feral pigs in Michigan,” said Baker. “My pigs, however, are not feral. They are kept inside a fence and are under the care of my family. It is impossible to genetically differentiate between swine, so the department decided certain pigs will be banned due to their appearance. The characteristics they outlined are ridiculous because all pigs have those traits. Honestly, the entire thing seems like a bad April Fool’s joke, but unfortunately for pig farmers like me, it’s not.”[7]

Not to be outdone, the Big Pork industry lobbyists, representing the Michigan Pork Producers Association, reportedly pulled Michigan State Senators out into the hall for private meetings. It was not reported what passed between the Senators and Big Pork’s representatives; but when the Senate Committee reconvened, those “hallway” Senators withdrew their support for Baker and his Senator. The ISO was confirmed and went into effect on April 1, 2012.[8] Big Money won again, using the coercive tools of government to obtain by force what it could not win fairly in the free marketplace.

The Fight Continues

Lawsuits and other actions abound. Mark Baker and three other parties have retained attorney Joseph O’Leary to carry forward their lawsuit against the MDNR to stop that Agency from continuing to overstep its authority by entering upon private property. At the same time, the MDNR has civil suits pending against pig-farmer Ronald McKendrick and of course his wife Charlene (using the old, pressure-the-wife-to-get-the-husband-to-cave tactic) as well as an Upper Peninsula pig producer, asking the Court to force them to “depopulate” their remaining prohibited swine.[9] Piling onto the fight are two on-line petitions to get the MDNR off the backs of the small farmers.[10]

The anti-MDNR petitioners have said it best: “Small family farms represent the backbone of a local, sustainable food system. While huge industrial farms dominate the market, small farms have been able to thrive by providing high-quality food raised in environmentally healthy ways. This includes livestock humanely raised on pasture.”[11]

The MDNR is actively and dramatically expanding its reach from public lands into farms and other private property. This is a wrongful and unconstitutional breach of private-property rights, especially upon persons and their livestock, neither of which have caused any harm whatsoever. There are Federal remedies available to stop these blatant violations of the McKendricks’, Baker’s, and others’ Constitutional rights and these injured parties would be well-advised to investigate filing suits in Federal court to remedy the wrongs done to them. Clearly, the MDNR has become yet another rogue agency.

Small farmers deserve every bit as much protection of their property rights as do the big factory farmers, and it should be recognized especially by a State charged with protecting the health of the public that those farmers raising heritage breeds are helping to preserve genetic diversity and hardier breeds. Just as importantly, they are providing more-ethically raised meats and a real choice for consumers. These farmers, though, are not to be supported in their legal battles simply because they are small producers, they are worthy of support because they have been legally wronged. Large or small, we should all be equally protected in our private-property rights and anything less than equal protection under the law is an injustice.

Ironically, enterprising litigants and their attorneys might consider researching the application of these ISOs, or variants thereof, as part of a legal basis to launch novel challenges in the courts against Genetically Modified/Genetically Engineered crops and seeds. “Food” crops such as Monsanto corn, soy, and other altered grains are, after all, non-native and “invasive species.” The owners of the patents will argue, naturally, that these are the same species and that therefore there is no difference; but if that were true, then it would completely undercut those same owners’ arguments before the U.S. Patent and Trademark Office that their patented crops are distinctive enough to deserve patent protection. They cannot have it both ways. And just maybe, as with Boo Radley in To Kill A Mockingbird, an ISO might surprise us and turn out to be a good guy after all.P.S. ISO’s Real Promise

© 2012 – Scott Tips – All Rights Reserved

Related Article:

1- Michigan SWAT Teams Invade Farms, Forces Farmer to Kill His Own Livestock

Footnotes:

1. Bakers Green Acres, accessed May 3, 2012.
2. “Invasive Species Order,” accessed May 3, 2012.
3. “Governor, State of Michigan: Stop the Imminent Slaughter of Heritage Pigs on Small Farms in Michigan,” accessed May 3, 2012.
4. Eyewitness News, “Asian Tiger Shrimp Potential Shrimp Industry Threat,” May 1, 2012, accessed May 3, 2012.
5. “National Invasive Species Act.”
6. “Big Pig Lobbyist Uses Cloakroom Tactics to Foil Small Farm Defense,” Apr. 3, 2012, accessed May 3, 2012.
7. “Booher Calls on Governor to Rescind Invasive Species Order on Swine,” accessed on May 3, 2012; See a responsive, undated MDNR press release,which can be found here.
8. “Big Pig Lobbyist Uses Cloakroom Tactics to Foil Small Farm Defense,” Apr. 3, 2012, accessed on May 3, 2012.
9. “Invasive Swine Prompts DNR Visit to Renegade Ranch, Case in Court Friday,” accessed May 3, 2012.
10. Baker’s Green Acres; (see two petitions to be found there, which you are encouraged to sign if you live in Michigan and agree with the petitioners), accessed May 3, 2012.
11. Ibide

Scott Tips received his Bachelor of Arts degree, magna cum laude, from the University of California at Los Angeles in 1976, studied at the Sorbonne (Paris I) from 1976-1977, and obtained his Juris Doctorate degree from the University of California, Berkeley School of Law (Boalt Hall) in 1980, where he was the Managing Editor of the California Law Review. A California-licensed attorney, he has specialized in food-and-drug law and trademark law, but also engages in business litigation, general business law, and nonprofit organizations, with an international clientele.

Since 1989, Mr. Tips has been the General Counsel for the National Health Federation, the World’s oldest health-freedom organization for consumers, and is now its president. He also writes a regular column for NewsWithViews.com and Whole Foods Magazine called Legal Tips, a column he started in 1984. Currently, Mr. Tips is occupying much of his time with health-freedom issues involving the Codex Alimentarius Commission and its and other attempts to limit individual freedom of choice in health matters.

To understand better the Codex Alimentarius Commission and the global food standards and guidelines that it is creating, you must read Codex Alimentarius – Global Food Imperialism. This book is a collection of articles by those few health-freedom activists with first-hand knowledge of Codex and the dangers that it poses to our health and health freedom. Compiled by Scott Tips, this easy-to-read book can be purchased here.

Website: National Health Federation

E-Mail: sct@thenhf.com

Aquatic Adventure Planned At Lake Dardanelle Camp

4:05 am - April 27, 2012 — Updated: 4:05 am - April 27, 2012

 Lake Dardanelle State Park will host the Aquatic Conservation Experience Camp for children 10 to 13 May 11-12.

Throughout the two days, participants will develop an understanding and appreciation for the unique aquatic environment at Lake Dardanelle through outdoor adventure and activities.

Friday, May 11, events will begin at 5 p.m. and introduce ACE campers to the inner workings of the park aquariums through a behind-the-scenes tour. Many activities will be included to explore the diverse aquatic environment at Lake Dardanelle and ways to conserve the resource. After dinner and activities, participants will retire to the visitor center to “sleep with the fish.”

Saturday, May 12, will begin with kayaking. Fun, games, a unique aquatic obstacle course and a slide show and awards ceremony at 2 p.m. also are planned.

The cost is $65 per camper and includes meals and activities. Space is limited. Call (479) 967-5516 or visit www.ArkansasStateParks.com or www.AdventureStateParks.com for information.

tea party rally

This friday the 13th we are going to have out tax day rally at the train depot here in Russellville,  starting at noon and ending up a round 2.30.pm Bring you lawn chairs,something to drink and your cooler and talk about how we can do to defeat Obama and Obamacare. the weather looks good and we are going to have Mr. Coleman to be our main speaker.So bring your whole clan and have some fun!