Showing posts with label King Solomon. Show all posts
Showing posts with label King Solomon. Show all posts

Thursday, July 17, 2008

Aquiferealists vs. Aquinuts

The Lewiston Tribune has been runnning a series about water issues on the Palouse. What follows below is a compilation of quotes (Aquiferealists in blue, Aquinuts in red) from several articles that were published in the Sunday issue of the Tribune, along with my comments:

King Solomon vs. Science:

"It's a little scary," says Mark Solomon, a longtime water watchdog and current hydrology doctoral student at the University of Idaho. "There is a looming water crisis."

Even with state-of-the-art technology, no amount of scientific probing will ever provide total understanding of the groundwater supply on the Palouse, says a University of Idaho hydrology and water quality professor.

"There are geophysical tools that you can use," Fritz Fiedler says of equipment designed to collect underground data. "But they aren't very accurate. And they don't work well in deep systems like we have. The main aquifer on the Palouse, which is the Grand Ronde, is about 1,000 feet deep."

"There's always going to be uncertainty that we're going to have to manage around," Fiedler says. So while more scientific data is desirable, cooperation between user groups and agencies is much more critical at this point.

"I don't think there's a looming crisis," Fiedler says. "I really don't think we're about to run dry by any means. But in the future, maybe 15 to 20 years out there, it's much harder to tell."

"I'm not saying the decisions will be here next year. I don't think the situation is that dire at all," [Jan] Boll [director of the Univeristy of Idaho Waters of the West graduate program] says. "But it's a planning process that we all need. And that's what our process is trying to develop."

In the meantime, Boll says no crisis is imminent. In fact, he says, the aquifers may be much deeper than realized at this point.

Surface water is plentiful. Reservoirs could be built. Treated runoff could be injected into the aquifers. The technology is even available to pump and pipe water from the major rivers to the south. While perhaps costly alternatives, Boll says the availability of water is more than adequate for the region.

One thing for certain, warns Boll, no amount of scientific investigation will ever provide enough answers to erase all questions about how much water is available. "The thing we need to come to grasp with is the uncertainty we will always have. There is always going to be uncertainty about how much water is left and how much we can keep pumping."
I think in this case I'll go with the professors over the "student." And since there is no way we will ever know how much water is left in the aquifer, it only seems logical to implement thoughtful conservation measures and develop economical alternatives versus the radical growth-killing solutions advocated by King Solomon and his Knights of the Water Table.

Larry Kirkland vs. Bill French

Larry Kirkland, former PBAC executive secretary, counters that there is no shortage. "The water is here. It's just a question of how we can get it."

Enough precipitation, for example, falls on the Palouse to make the shortage debate moot, say Kirkland and other experts. They contend capturing runoff in reservoirs or injecting treated surface water into underground aquifers, while costly, would meet future demands.

Kirkland, after leaving PBAC and being able to observe the big picture, warns that fears about lack of water can be used as both political and legal levers. "Water can become sort of a spotted owl to establish what you want as far as social engineering."

The spotted owl became the focus of national attention decades ago when
conservation groups used the bird's endangered species status to block logging of old-growth forests.


The potential for alternative water sources aside, [Bill] French [of the Palouse Water Conservation Network] says there's something "obscene" about the current situation. "I just think it's ethically wrong to take a 20,000-year-old resource like pristine groundwater that got into the ground during the last ice age and dump it on lawns or flush it down toilets."
"Obscene? ""Ethically wrong?" Kirkland is right. The Aquinuts ARE comparing the "pristine 20,000 year old water" to a living creature like the spotted owl to block growth on the Palouse. Let's illuminate Mr. French about the water cycle, shall we?


There will never be any more freshwater on Earth than there is now. No new water is being made and water can’t escape from the Earth. The water we use is recycled over and over again. It is never "destroyed." It just changes states or moves somewhere else. So that "pristine" water that got into the Grande Ronde aquifer during the last ice age was on the Earth's surface for hundreds of millions of years in various forms (clouds, rain, snow, ice, rivers, oceans) before that. And when it gets to the surface again to water your lawn or flush your toilet, it will stay around for hundreds of millions of more years before going back into the ground, into the ocean, etc. Water is not a living creature that can die off and go extinct forever. That same water will be here long after we are dead and gone. Arguing over water on the Palouse is as silly as arguing over dirt would be. If we can't get water from the aquifer, we'll get it from somewhere else. As the scientists above stated, this is a region that has ample water supplies through rainfall, snowfall, and rivers.

Proof that the Aquinuts are all about anti-capitalist socialism and not water conservation (as if their rejection of any proposal to recharge the aquifer or build reservoirs isn't enough proof) comes from this April 2003 Moscow Co-Op newsletter (notice that Spokane attorney Rachael Paschal Osborn, who is leading the legal fight against the WSU golf course, was at the meeting being reported on:)
...the idea that a community can only thrive with unlimited growth and development is a notion that must disappear, hopefully before the water does.

Post-World War II economy was based on a planned scheme for consumerism—and it worked. The economy grew, people consumed and planned obsolescence became an accepted norm. We become anxious when we consider voluntary reductions of any type. But, we must begin to imagine a “restorative economy” where having less is truly more satisfying, more interesting, and of course, more secure.

In the relatively near future, we must achieve a balance between what we are consuming and the capacity of the earth’s ecosystems to provide, according to author and businessman Paul Hawken. “We need to create an economy… that is not an either/or argument, but a means to create the best life for the greatest number of people precisely because we do not know the eventual outcome or impact of our current industrial practices. In other words, we need an economy based on more humility.”
Bill French vs. Michael Echanove
Not that PBAC would curb pumping if it could, suggests French, who likens the pumping entities to foxes guarding the henhouse. "I think the whole concept of PBAC is flawed. I think PBAC was mostly formed to have the appearance of doing something. And it kind of fooled the state of Idaho into not stepping in to regulate water."

"The state of Idaho has a couple of designations they can put on a groundwater basin," explains French. His and other groups, in fact, waded in amid the Naylor flap to petition the Idaho Department of Water Resources to intercede and regulate pumping from both the Wanapum and Grand Ronde.

After another round of hearings, the state backed away in favor of a local solution. That solution, suggested by the IDWR, was to form an 11-member citizens group to offer advice to the 19 representatives of PBAC. The group, says French, had the potential to be a watchdog over PBAC. "But in practice, it (the citizens group) has just become a mirror image of PBAC. It's a group of people who get together once a month and talk about stuff but they never do anything."


Michael Echanove, chairman of the citizens group as well as mayor of Palouse, disagrees with French's assessment of PBAC.

More regulatory authority, however, isn't needed, Echanove says. What's needed is more scientific data about just how big and how full or empty the aquifers really are. "Until we get that data, it's just a bunch of people with opinions. And you've got universities that have their own projects. You've got counties that have their projects. I mean, I could make a career just thinking about it."

The politics of Palouse water, Echanove says, are perhaps best illustrated by the differing opinions of his mayoral counterparts in Pullman and Moscow.

"Remember, you've got to get elected. And you've got to be able to lead and you've got to be able to look at the big picture, as such, and you can't come in with one opinion and run with it, because you're not going to get anywhere."
Yes, the Aquinuts would love nothing more than to have an unelected body of envirocrats, who would of course have to buy into the idea of "looming water crisis," to beat back every new big-box store, golf course, highway, or housing project on the Palouse.

The fact remains that PBAC HAS been successful, greatly reducing water usage on the Palouse since 1992 (8.3% less than was pumped in 2006 than in 1992) through VOLUNTARY guidelines.

Nancy Chaney vs. Glenn Johnson

Moscow Mayor Nancy Chaney was accused of social engineering when she leaped across the state line into Washington to legally challenge water rights for development of the proposed Hawkins Companies shopping center.

She defends her actions as an attempt to ensure water "sustainability."

"I come from a scientific background," says Chaney, who holds a master's degree in environmental science. "I get the scientific principle. I understand objectivity. But having entered the realm of politics, I've sort of straddled that line."

Ultimately, newly elected members of the Moscow City Council usurped Chaney's political power by agreeing to not just abandon the legal appeals, but to actually supply water to Hawkins.

Chaney laments that while the politics of water continue to vacillate, the groundwater supply will continue to drop. "It's certainly political. I think we should be informed by science, but there are competing interests. So we're sort of waiting out a cost-benefit analysis. We're looking at long-term and short-term values and things we can afford to gamble with and things we cannot afford. Unfortunately, political cycles don't coincide with natural resource needs."


Eight miles away in Pullman, Mayor Glenn Johnson declines comment on Chaney's tactics. "To be honest with you, I'm leaving that one alone."

As for the politics of water on the Washington side of the border, Johnson suggests they're quite different than in Idaho, and especially Moscow. "What we're trying to do is, we're not going to discourage growth over here. We're telling everybody that 'Yes, we know we have adequate water supplies, we've had plenty of research on that. But at the same time, we want you to conserve. We want to make sure you watch your use of water.' So that's the message."
Chaney comes from a "scientific background?" Oh, brother. She's a nurse, for God's sake. The only line she is straddling is the line between San Francisco hippie and all-out barking moonbat. The Queen's "realm of politics" will be over next year. meanwhile, Mayor Johnson's pragmatic political views have earened him two unopposed terms in office.

Thursday, May 15, 2008

"Family requests rezone in east Moscow; Thompsons were denied request in 2006; hope to have 38 acres rezoned for motor business"

Whitman County really doesn't need an economic development advocate thanks to Mark Solomon and his fellow Wal-Mart Derangement Syndrome sufferers who see the "Bentonville Bully" behind every bush. I'm sure the No Super WalMart group feels that Wal-Mart is back in play in Moscow after last November's election. They could be right....

From Tuesday's Moscow-Pullman Daily News:
The Thompson Family LP will ask the Moscow Planning and Zoning Commission on Wednesday to rezone a large chunk of its property along Mountain View Road from agriculture/forestry to motor business.

Thompson Family attorney Susan Wilson said no businesses "are knocking at the door" to locate on the 38-acre piece of land between the Troy Highway and Palouse River Drive. The family plans to continue farming the land until a suitable development opportunity comes up.

The Thompson Family attempted to have a larger parcel encompassing the land rezoned in 2006. The controversial request stemmed from Wal-Mart's plans to build a super center on the 77-acre parcel and met resistance from the Moscow No Super Wal-Mart group.

The City Council at the time decided to reject the rezone. Then-City Councilmen Bob Stout, Aaron Ament and John Dickinson said the parcel was too large.

Wilson said the smaller size of this request is in response to the council's concerns.

Councilmen John Weber and Bill Lambert, who still are on the council, voted in favor of the 2006 rezone request.

No Super Wal-Mart member Mark Solomon said community members are not pleased with the new rezone request.

"I know there are people who are as concerned now as before as to whether or not that's an appropriate site for motor business," he said.

He said any motor business development on that side of town will affect traffic flows and downtown Moscow businesses, and also could block the expansion of adjacent Alturas Research and Technology Park.

The Thompson Family wrote in its new application for rezone that the motor business designation would fit with the city's comprehensive plan. The plan designates the area for "extensive commercial" uses.

The application also states that the rezone would meet the plan's goal of economic development. Wilson said the family wants to open up a motor business area to compete with the proposed 714,000-square-foot Hawkins Companies development, just across the state line in Whitman County.

She said Moscow needs an area to attract large businesses from within and entice businesses to come to Moscow "rather than just having Hawkins take the commercial development away from the state of Idaho and Moscow."

The Thompson Family's application packet includes the minutes of a meeting with the property's neighbors. Sue and Ken Chamberlin and Karen and David Douglas were "very supportive" of the rezone, according to the minutes.

The neighbors asked whether any businesses were lined up to use the property and said they would rather see commercial development than multi-family housing. The Chamberlins and Douglases did not return calls seeking further comment.

Wednesday, April 23, 2008

Quote of the Day

We all have a responsibility to be environmental stewards. But that stewardship requires that science, not political agendas, drive our public policy.
Co-founder and former leader of Greenpeace Patrick Moore, "Why I Left Greenpeace," Wall Street Journal, April 22, 2008.

Attention Scotty Cornelius, Queen Nancy, and King Solomon....

This column by Moore is a must-read.

Thursday, February 21, 2008

It Ain't Over 'Til The Hippie Lady Sings

As you may have noticed by letters and stories in the Daily News, the anti-growthniks in Moscow are not going gentle into that good night with regards to the Moscow-Hawkins water deal. Accusations of smoke-filled backroom deals, juicy quid pro quos for Greater Moscow Alliance members, and cries for a recall of city council members have been flying faster than a pair of stretched tights ripping at the Renaissance Festival.

But a more sinister threat is growing behind the scenes. King Solomon, ominously quiet during the drama these past few weeks, is working behind the scenes to thwart the evil plot of the running lap dogs of capitalism.

Exhibit 1: The following e-mail exchange between Solomon and the Deputy Attorney General for the Idaho Department of Water Resources.
--------------------------------------------------------------------------

From: Rassier, Phil
Sent: Tuesday, February 12, 2008 5:58 PM
To: 'Mark Solomon'
Cc: Haynes, Bob; 'rfife@ci.moscow.id.us'
Subject: RE: Moscow out of state sale of water

Mark,

This is a brief informal response to your request for my thoughts on your discussion set out below relating to the authorities under which the City of Moscow could seek authorization to provide water across the Washington state line. Many of the statutes and issues you discuss were addressed in the attached June 16, 2005 letter from Steve Strack of the Idaho Attorney General's Office to Randy Fife.

For the reasons stated in the Strack letter, the provisions of I.C. 50-324 do not provide usable authority for the City of Moscow in the present case. That statute provides authority for a city in Idaho to acquire and operate an out of state private water distribution system in order to supply water to the Idaho city from an out of state source.

The Strack letter also addresses the provisions of I.C. 42-401 governing applications for use of public waters outside the state. While this statute certainly governs applications by persons from outside the state it also governs applications from persons within Idaho who intend to "withdraw water from any surface or underground water source in the state of Idaho and transport it for use outside the state ..." To read the statute otherwise would mean the Legislature intended to withhold from Idaho citizens a benefit required under the Commerce Clause that is being provided to non-citizens. In my view, this would not be a plausable reading of the statute.

I appreciate your inquiry and hope you find this response helpful.

Sincerely,

Phil Rassier

________________________________

Phillip J. Rassier
Deputy Attorney General
Idaho Department of Water Resources
322 East Front Street
P.O. Box 83720
Boise, ID 83720-0098
Phone: (208) 287-4808
Fax: (208) 287-6700
Email: phil.rassier@idwr.idaho.gov

--------------------------------------------------------------------------

From: Mark Solomon [mailto:msolomon@uidaho.edu]
Sent: Monday, February 11, 2008 11:22 AM
To: Rassier, Phil
Subject: Moscow out of state sale of water

Dear Phil,

I am writing you today to seek your assistance in clarifying the statutory authorities under which the City of Moscow may seek IDWR permission to sell water across the Washington state line to a private entity. The city attorney, Randy Fife, and I have discussed this matter and come to diametrically held opinions. In the interest of resolving this issue as expeditiously as possible, informal guidance from IDWR, short of a court's determination, may serve all the interests at hand - especially if provided prior to an actual application from the City of Moscow to IDWR.

I understand from communications received by the City from IDWR that an application might be considered under 42-401 I.C. et seq. There is another statute within Title 50 (Municipal Corporations) that I believe may control in this instance as it is specific to the powers of a city regarding transfer of water across a state line.
50-324. CITIES AUTHORIZED TO JOINTLY PURCHASE OR LEASE, MAINTAIN OR OPERATE A JOINT WATER SYSTEM. All cities of this state are empowered by ordinance to negotiate for and purchase or lease, and to maintain and operate, in cooperation with adjoining cities of states bordering this state, the out of state water distribution system, plant and equipment of privately owned utilities used for the purpose of supplying water to the purchasing or leasing cities from an out of state source; provided, the legislature of the state in which such water distribution system, plant, equipment and supply are located, by enabling legislation, authorizes its cities to join in such purchase or lease, maintenance and operation. The city council of the cities acting jointly under this section shall have authority, by mutual agreement, to exercise jointly all powers granted to each individual city in the purchase or lease, maintenance and operation of a water supply system. (Emphasis added).
Here the state has spoken specifically to the conditions under which cities are authorized to distribute water across the state line. By my understanding of the rules of statutory interpretation, when a statute speaks specifically to a circumstance, it then excludes the extension of the power in question. In other words, by specifically granting cities the power to cooperate with adjoining cities in bordering states, the state excludes the cities' power to cooperate with other entities in the operation of a joint water system across state lines. If my interpretation is correct (and while I've read a lot of law, I am not a lawyer), then deciding how to proceed under 42-401 is a moot point.

If it is not mooted, then consideration of the other statutes is required. It is the City's position that 42-401 provides the authority and permitting process for its sale of water across the state line. A simple reading of the Chapter's title "APPROPRIATIONS FOR USE OUTSIDE STATE" would appear to support that position. However, a plain reading of the statute accompanied by its legislative history indicates that this statute speaks to a set of facts that do not fit the City's circumstances.

42-401 I.C. seems to be intended to address facts similar to those that gave rise to the U.S Supreme Court decision in Sporhase v. Nebraska ex rel Douglas, 458 U.S. 941 (1982) and the subsequent test of New Mexico's statute interpreting that decision in City of El Paso v. Reynolds (El Paso II), 597 F. Supp. 694 (D.N.M. 1984). 41-401 I.C. repeatedly refers to an applicant's use of water in an adjoining state as in Sporhase, not the provision of water by an entity in Idaho to a different entity in another state:(
2) Any person, firm or corporation or any other entity intending to withdraw water from any surface or underground water source in the state of Idaho and transport it for use outside the state or to change the place or purpose of use of a water right from a place in Idaho to a place outside the state shall file with the department of water resources an application for a permit to do so.

(3) In order to approve an application under this chapter, the director must find that the applicant's use of water outside the state.

(7) Upon submittal of the application, the applicant shall designate an agent in the state of Idaho for reception of service of processs.
Taken together the various sections of 42-401 seem to clearly imply that the applicant is an out-of-state entity with a water right in Idaho who intends to use the water outside the state. This interpretation would coincide well with the facts in Sporhase, but not with the intention of the City of Moscow to apply for a permit to sell water across the state line. Even if 42-401 could be read so broadly as to include such a sale, it appears the applicant could not be the City of Moscow but would have to be the out-of-state entity who intends to use the state's water. It is my reading that 42-401 et seq simply does not apply to the situation at hand no matter who is the applicant.

I understand that you would not want to comment on whether a legally viable application will or should be granted, but here, it appears that there is no legal means for the city to obtain the permit they have contracted to request. An informal opinion from you (perhaps to your director that could then be passed on to the city informally?) might save the city a lot of embarrassment, time, money, and public protest. If the City then chose not to file its application, the merits of the question "should the water use be allowed" would never need to be debated and protested in public hearings.

Your thoughts and guidance would be most welcome.

Sincerely,

Mark Solomon
Moscow, ID
Knowledgable observers believe this is just the beginning of an onslaught of efforts to bring pressure upon the Idaho Department of Water Resources and their upcoming decision to approve the water supply agreement.

The 2005 Moscow Water Transfer opinion by Deputy Attorney General Steven W. Strack attached to the e-mail is not promising. Click here to view a copy of this opinion. But that was a past IDWR director's interpretation of Idaho Code. The new IDWR director, Dave Tuthill, interprets the law somewhat more favorably for the extension of water services to occur across state lines. However, this will not stop the Aquinuts from trying to push this as far as they can. The Hawkins cause célèbre, as Gordon Forgey has called it, is still very far from over.

The pro-growth Moscow City Council members, or the "Hawkins 5" as they are being derisively dubbed, are being lambasted publicly in the most concentrated smear campaign we have seen on the Palouse since Jerry Weitz had the temerity to challenge the school levy.

I admit, it is tempting to sit this one out. A business-unfriendly Moscow is very business-friendly to Whitman County and Pullman. And Whitman County is covered with the infrastructure bond and Hawkins still has water rights it can pursue if IDWR doesn't allow Moscow to sell water. Hawkins can still build their mall. Many, including myself, would like to see Whitman County control the water for development in the corridor and not be dependent on Moscow.

BUT WE CANNOT LET THE LEFTISTS WIN THIS ONE!!!!!!! Thw Moscow City Council vote to drop the appeals and agree to sell water and sewer services was a HUGE kick in the teeth to the local socialists. The constant screeching and dramatic rhetoric is evidence of that. But if they manage to stop the water sale to Hawkins, they'll be emboldened to stop every new project by beating down everyone who supports it they way they have this time. And don't forget, there will be other developments in the corridor besides Hawkins. If they win this one, King Solomon and the Knights of the Water Table will oppose every one of them. The Moscow-Hawkins deal has thawed the Cold War between Whitman County and Moscow. It has reestablished relations between our two communities. And this is important. We are a regional economy sharing regional resources. We either work together or fail alone. Plus, as I have stated before, if you believe in preserving the aquifer, Moscow municipal water service will ultimately save more water than the original Hawkins plan for development of new wells.

Someone told me yesterday that, "I attended Mayor Chaney's State of the City address today. The elephant in the room (Hawkins) was never mentioned but many could smell the peanuts...."

What can you do? Consider writing a letter to the editor in support of common sense and the Hawkins-Moscow water deal, whether you are a resident of Pullman, Moscow, Whitman County, or Latah County.

Also, consider sending the Moscow City Council members an e-mail expressing your support:

Bill Lambert
Dan Carscallen
John Weber
Walter Steed
Wayne Krauss

You can also leave a phone message for the council members at (208) 883-7080.