Posted on 12/12/2012 10:16:51 PM PST by WilliamIII
A New Mexico couple has been warned by the federal government not to touch trash tin cans, broken glass and the like that has accumulated over the years on the 20 acres of desert land they bought for their retirement home near Santa Fe because it could hurt the Rio Grande River, 25 miles away.
Huh?
The dispute over the Obama administrations claim to jurisdiction over desert land belonging to Peter and Francoise Smith is heading to court now. Their lawsuit alleges Washington is over-reaching in its claim that their land, which does not contain any relatively permanent, standing or continuously body of water, can be regulated by the Clean Water Act.
Read more at http://www.wnd.com/2012/12/feds-to-landowner-dont-touch-that-trash/#RrGLA4EXmvBBS0RK.99
(Excerpt) Read more at wnd.com ...
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The Rio Grande is mud for the most part.
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Thanks Jet Jaguar
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Jurisdictional battles over what constitutes “waters of the United States” have been going on for over 100 years.
Jurisdictional battles over what constitutes waters of the United States have been going on for over 100 years.
It’s only been in the last 30 years or so that the federal government has tried to take over private property on such a broad scale, with flimsy claims that there’s some kind of “water” connection to dry land. The water from my bathtub runs into the Colorado River, eventually. Does that give Obama control over my property? It sounds crazy, but we’re headed closer to, not farther from, total federal control.
Even there, Scalia is enlarging Federal reach. The standard was once commercially NAVIGABLE waters only, once determined as sufficient to accommodate a vessel of 12 DWT (dead weight tons).
Maybe 0bama’s afraid the couple might find some Qurans laying around? Or this is a trial balloon for more intrusive plans by 0bama to just all-out confiscate private property.
Try forty. The spate of laws under Nixon was pursuant to the collapse of the Bretton Woods Agreement in 1971. Everything from the CWA to NEPA to the ESA soon followed.
The water from my bathtub runs into the Colorado River, eventually. Does that give Obama control over my property?
As far as the EPA is concerned, yes.
It sounds crazy, but were headed closer to, not farther from, total federal control.
I covered the threat to property rights of instituting non-point TMDLs for silt in my first book published twelve years ago. If you go back to about 1999, you will find NRDC lawsuits instituting enforcement of 303(d) standards for nonpoint sources in all fifty States. At that time I warned about this very issue of considering silt in ephemeral streams as nonpoint sources of pollution. Even an attorney at Pacific Legal had read it:
Its called a sweetheart suit.
There are dozens of Federal Courts in the Western United States. No one could possibly monitor all of these lawsuits sufficiently to find out about the suit, notify the affected property owners, gather data capable of refuting the claims, and organize a response quickly enough to block the consent decree. No one is there with the preparation and aura of credibility to refute the legitimacy of the claims or contest their jurisdictional authority to institute and enforce the nonpoint TMDL.
Now, what was the point of all this? Why should the NRDC and the EPA think the nonpoint nitrate TMDL in the San Lorenzo River Watershed is such a big deal? Its gonna take a little while for this one to sink in.
Mud.
Wherever there is dirt and water, there is mud. Whenever you mix mud and water, you get suspended silt. Mud is a nonpoint source of silt. Silt is found everywhere there is dirt, which is everywhere. If you want to control the use of dirt, just call it a pollutant! It isnt clean water any more, its dirty. People dont want dirty water. They want clean water. Just ask them.
The fed gov is just thinking Forward. Increasing control over the wilderness will help keep people in the corrals of cities and towns. Makes secession and self-reliant compounds less viable, too. Increases that interdependence thing that is the dark heart of socialism. You can be in a desert, but you’re messing with somebody’s river. If the gov has to redefine water, so be it, but let’s all be interconnected so the gov can decide who has rights, when, and where.
Build a mosque on it and see what happens.
But make sure the grout of the mortar has pig urine in it first, otherwise you may have some wandering Moslems on their knees when your back is turned.
It’s obvious. Obama doesn’t want to dictate the control of ALL the land in the US. He only wants dominion over the land upon which it rains.
Again.
'Well, the Illegals crossings OUR LAND must have cleaned it up. That, or the Space Aliens we saw land last week took it all with them when they left.':-)
Knew it. Just talked about it yesterday. He will do whatever he pleases and he knows this is the beginning of his reign over oil.
See #17.
I hardly need dire warnings about this from you.
I hear you. Didn’t realize how much you were into this issue.
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