DWR, Westlands, Feinstein, Resnicks, et al are finally playing the eminent domain card...
http://www.sacbee.com/2011/10/18/398743 ... ss-to.html
California pushes for access to Sacramento-San Joaquin Delta private properties
By Matt Weiser
mweiser@sacbee.com
Published: Tuesday, Oct. 18, 2011 - 11:55 am
Last Modified: Tuesday, Oct. 18, 2011 - 5:17 pm
State officials are moving ahead with plans to condemn private land in the Sacramento-San Joaquin Delta to survey for a controversial water diversion canal or tunnel.
Delta residents have recently been served with a new round of legal notices. In most cases, the state Department of Water Resources seeks easements over private land to conduct surveys and full ownership of 16 square feet of land to drill for soil samples.
The $13 billion water project would siphon a portion of the Sacramento River into a canal or tunnel, bypassing the Delta to safeguard the diverted water supply. A key part of the proposed Bay Delta Conservation Plan, it remains far from approval.
A judge earlier this year imposed strict limits on DWR's ability to access private land, the result of a legal case involving about 150 property owners. Some of the terms are under appeal.
In that context, some are calling DWR's latest actions heavy handed.
Daniel Wilson said his 83-year-old mother was startled by a knock on the door at 8:30 p.m. on Oct. 5 at her home on Deadhorse Island, near Walnut Grove in Sacramento County. Looming on the stoop was a burly, tattooed process server delivering a DWR eminent domain notice.
Wilson had been in regular contact by phone and email with DWR staff about the access issue. He said none bothered to mention a legal notice was coming.
The California Water Commission must grant approval before DWR can access private land for the surveys. It meets Wednesday in Sacramento to consider more than 20 such requests.
Sacramento Bee: DWR and Eminent Domain
Re: Sacramento Bee: DWR and Eminent Domain
If you dont like this sort of thing then your energy would best be directed toward immigration and population expansion. There are too many people in this state, it grows every day, and as it grows so too does the need for water. Projects like this are doing nothing more than meeting the ever increased demand for water. Eminent Domain occurs when its "for the good of society", so if you dont like it then figure out why its happening and focus your energy there.
Re: Sacramento Bee: DWR and Eminent Domain
Money is why its happening champ... pay attention.
is that glitter!? Nice boat tinkerbell!
Re: Sacramento Bee: DWR and Eminent Domain
And most of that increased water demand seems to come from Central Valley ag interests such as Westlands. They demand and demand to the overall detriment of the Delta's health; their demands aren't on behalf of any increased demographic or municipality. Their water allocations are bought low and what's left over after watering the desert is then sold high--we subisidize their profitting from a public resource.Urban wrote:Projects like this are doing nothing more than meeting the ever increased demand for water.
It can be probably be argued that the seizing of property and the subisidizing of water conveyance infrastructure for people like Resnick, Westlands, et al is actually for the "good of society."Urban wrote:Eminent Domain occurs when its "for the good of society"
Whiskey's fer drinking, water's fer fight'n over...
Re: Sacramento Bee: DWR and Eminent Domain
[quote="Ceaser"]Money is why its happening champ... pay attention.[/quote]
Actually, I have paid attention much more so than 99.99% of people. And you are correct, money is a huge part of it. But in my opinion, when you peel away all the layers the root cause is too many people. All paths lead to the same place.
And the best part is the ag industrys stance that they have nothing to do with the decline of many Delta species, most importantly salmon and steelhead, and instead are trying to pull the wool over the publics eye by pointing the finger at predation by stripers.
Actually, I have paid attention much more so than 99.99% of people. And you are correct, money is a huge part of it. But in my opinion, when you peel away all the layers the root cause is too many people. All paths lead to the same place.
And the best part is the ag industrys stance that they have nothing to do with the decline of many Delta species, most importantly salmon and steelhead, and instead are trying to pull the wool over the publics eye by pointing the finger at predation by stripers.
Re: Sacramento Bee: DWR and Eminent Domain
No, the energy should stay focused on appointees at the Natural Resources Agency, the State Water Resources Control Board, DWR, et al. You know: the folks who make non-transparent policy level water decisions and ultimately serve at the pleasure of Central Valley ag interests. 80% of our water exports go to them before quenching anyone else's thirst.Urban wrote:If you dont like this sort of thing then your energy would best be directed toward immigration and population expansion.
You know that.
-
mark poulson
- Posts: 10389
- Joined: Sun May 08, 2005 4:16 am
- Location: Antioch, CA
Re: Sacramento Bee: DWR and Eminent Domain
Did you read this part:
The $13 billion water project would siphon a portion of the Sacramento River into a canal or tunnel, bypassing the Delta to safeguard the diverted water supply. A key part of the proposed Bay Delta Conservation Plan, it remains far from approval.
A judge earlier this year imposed strict limits on DWR's ability to access private land, the result of a legal case involving about 150 property owners. Some of the terms are under appeal.
In that context, some are calling DWR's latest actions heavy handed.
So it's still far from a done deal.
The $13 billion water project would siphon a portion of the Sacramento River into a canal or tunnel, bypassing the Delta to safeguard the diverted water supply. A key part of the proposed Bay Delta Conservation Plan, it remains far from approval.
A judge earlier this year imposed strict limits on DWR's ability to access private land, the result of a legal case involving about 150 property owners. Some of the terms are under appeal.
In that context, some are calling DWR's latest actions heavy handed.
So it's still far from a done deal.
Attitude plus effort equal success
CLEAN AND DRY
CLEAN AND DRY
Re: Sacramento Bee: DWR and Eminent Domain
And they keep on building. Have anyone checked out Tejon Ranch planned developments? It's the grapevine area. 1,450 acre commercial, 3,450 homes in the mountain, and in the Centenial:
Guidelines for the development and design of eight village-style communities offering a wide range of housing, retail, community services, parks and recreational amenities.
Provision of necessary services such as gas, water, electricity, telephone and fiber optic cable.Preservation of natural resources - nearly half of the land will be dedicated as open space, greenways, trails or parks.
Scope of public services to be provided including emergency and police, fire stations, a public library and 18 parks.
Green development program for residential and commercial buildings to ensure the use of sustainable design practices.
Multi-modal transportation plan incorporating alternative systems for pedestrians, bicycles and small neighborhood electric vehicles, with an internal roadway to facilitate circulation among communities and future rail transit.
Eight elementary schools and two high schools.
http://tejonranch.com/
Guidelines for the development and design of eight village-style communities offering a wide range of housing, retail, community services, parks and recreational amenities.
Provision of necessary services such as gas, water, electricity, telephone and fiber optic cable.Preservation of natural resources - nearly half of the land will be dedicated as open space, greenways, trails or parks.
Scope of public services to be provided including emergency and police, fire stations, a public library and 18 parks.
Green development program for residential and commercial buildings to ensure the use of sustainable design practices.
Multi-modal transportation plan incorporating alternative systems for pedestrians, bicycles and small neighborhood electric vehicles, with an internal roadway to facilitate circulation among communities and future rail transit.
Eight elementary schools and two high schools.
http://tejonranch.com/
Re: Sacramento Bee: DWR and Eminent Domain
http://www.sacbee.com/2011/10/20/399031 ... elays.html
California Water Commission delays efforts to condemn Delta land
By Matt Weiser
mweiser@sacbee.com
Published: Thursday, Oct. 20, 2011 - 12:00 am | Page 3A
Last Modified: Thursday, Oct. 20, 2011 - 9:30 am
The state's first effort to condemn land for surveys related to a controversial water diversion project in the Delta did not go smoothly Wednesday.
Members of the California Water Commission struggled to find a pressing need for such "drastic" action and said they need more information.
The commission was scheduled to consider 24 requests by the Department of Water Resources to condemn private land – mostly in Sacramento County areas of the Sacramento-San Joaquin Delta.
This was cut to nine at the last minute, however, because officials realized it would be "almost impossible" to consider all 24 at a single meeting, said Allan Davis, a senior land agent at DWR.
After the first one raised major issues, the commission voted 7-1 to delay all of them to its November meeting.
"It's important because of the significance of this step – and, frankly, the drastic nature of it – that we do it properly," said commissioner Dave Cogdill, a former state senator.
Among the issues was the simple fact that DWR did not provide commissioners with legal descriptions of the property it wants to acquire. This is a basic requirement of any action by the commission.
More importantly, questions arose about DWR's need for the land now, an issue that highlights whether the ambitious project is feasible at all.
The project, called the Bay Delta Conservation Plan, aims to reverse environmental decline in the estuary and protect a freshwater supply for 25 million Californians.
DWR and numerous other water-agency partners want to divert a portion of the Sacramento River's flow into a massive canal or tunnel, thereby securing the water supply from floods or earthquakes. The 40-mile-long diversion – potentially costing $13 billion – would deliver water to pumps near Tracy, theoretically reducing harm to fish.
DWR has already obtained soil samples along the route from willing landowners. But many have not been willing, so it now seeks legal access through condemnation.
But on Wednesday, at a hearing on BDCP by the Assembly Water, Parks and Wildlife Committee, new information confused the picture.
Jerry Meral, deputy secretary of the Natural Resources Agency, which oversees DWR, told the committee more soil tests are not needed for an environmental impact report.
This revelation jeopardized another requirement for the commission, which must affirm "public interest and necessity" for condemnation.
Meral told the Assembly committee more soil testing is needed to obtain permits from the U.S. Army Corps of Engineers to proceed with the project. He said the Corps requires project design to be 60 percent complete before issuing permits, and it remains far from that threshold.
But the commission wasn't asked to consider that need.
Also, a revised agreement between the BDCP parties calls into question whether they are prepared to pay for that level of design. In the agreement, signed in September, the water agencies commit only to "consider" funding that next step.
"It's hard to know what's going on here," commission chairman Anthony Saracino said.
California Water Commission delays efforts to condemn Delta land
By Matt Weiser
mweiser@sacbee.com
Published: Thursday, Oct. 20, 2011 - 12:00 am | Page 3A
Last Modified: Thursday, Oct. 20, 2011 - 9:30 am
The state's first effort to condemn land for surveys related to a controversial water diversion project in the Delta did not go smoothly Wednesday.
Members of the California Water Commission struggled to find a pressing need for such "drastic" action and said they need more information.
The commission was scheduled to consider 24 requests by the Department of Water Resources to condemn private land – mostly in Sacramento County areas of the Sacramento-San Joaquin Delta.
This was cut to nine at the last minute, however, because officials realized it would be "almost impossible" to consider all 24 at a single meeting, said Allan Davis, a senior land agent at DWR.
After the first one raised major issues, the commission voted 7-1 to delay all of them to its November meeting.
"It's important because of the significance of this step – and, frankly, the drastic nature of it – that we do it properly," said commissioner Dave Cogdill, a former state senator.
Among the issues was the simple fact that DWR did not provide commissioners with legal descriptions of the property it wants to acquire. This is a basic requirement of any action by the commission.
More importantly, questions arose about DWR's need for the land now, an issue that highlights whether the ambitious project is feasible at all.
The project, called the Bay Delta Conservation Plan, aims to reverse environmental decline in the estuary and protect a freshwater supply for 25 million Californians.
DWR and numerous other water-agency partners want to divert a portion of the Sacramento River's flow into a massive canal or tunnel, thereby securing the water supply from floods or earthquakes. The 40-mile-long diversion – potentially costing $13 billion – would deliver water to pumps near Tracy, theoretically reducing harm to fish.
DWR has already obtained soil samples along the route from willing landowners. But many have not been willing, so it now seeks legal access through condemnation.
But on Wednesday, at a hearing on BDCP by the Assembly Water, Parks and Wildlife Committee, new information confused the picture.
Jerry Meral, deputy secretary of the Natural Resources Agency, which oversees DWR, told the committee more soil tests are not needed for an environmental impact report.
This revelation jeopardized another requirement for the commission, which must affirm "public interest and necessity" for condemnation.
Meral told the Assembly committee more soil testing is needed to obtain permits from the U.S. Army Corps of Engineers to proceed with the project. He said the Corps requires project design to be 60 percent complete before issuing permits, and it remains far from that threshold.
But the commission wasn't asked to consider that need.
Also, a revised agreement between the BDCP parties calls into question whether they are prepared to pay for that level of design. In the agreement, signed in September, the water agencies commit only to "consider" funding that next step.
"It's hard to know what's going on here," commission chairman Anthony Saracino said.
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