Excerpts  from:

Water Theft!

By Mark Baird

July 20, 2010

John McCamman, Director
Department of Fish and Game, State of California
1416 Ninth Street, 12th floor
Sacramento, California  95814

Re: Water Shed Wide Permitting Process

Dear Mr. Mc Camman:

My name is Mark Baird.  I am the vice-chairman of P.O.W.  (Protect Our Water).

We know that you are aware and fully informed of the illegalities and inconsistencies surrounding the “Water Shed Wide Permitting Process.” The purpose of this letter is to remove any possible misconceptions, which you may have as to where, we (the Water Right Owners of Siskiyou County) stand on this issue.

P.O.W.  (Protect our Water) is giving you and the CDFG/RCDs formal notification that we are in full compliance with the law as stated in The Constitution of The United States, Amendments 1, 4, 5, and 14. We are also in full compliance with the laws as stated in The Constitution of The State of California, Article 1 sec 1; Article 1 sec 3 and; Article 1 sec 19.

We require no further permission or permits from the CDFG or the RCDs to exercise rights to our Liberty or our Property.

As you and the Department of Fish and Game are well aware, Appropriative, Riparian, and Adjudicated Water Rights are Property Rights in the State of California.  Our Water Rights are supervised by the Judiciary and the State Water Resources Board, not the CDFG.  We own the right to divert water for beneficial use and need no further permit to engage in the customary or routine use of our property.  The California Department of Fish and Game has no authority to modify judicial decrees.  The CDFG has no authority to usurp legislative power to place itself as the lead agency supervising the amounts or uses of our property.  The CDFG has no authority to write law, as it is clearly doing, in the formulation and implementation of the “Permit Process”.

The Water Rights and diversions in Siskiyou County are fully proofed and documented with the SWRB and the DWR.  All of our diversions are listed on DWR maps.  No one is diverting water illegally.    You and the CDFG are very aware of these facts.

Appropriative, Riparian, and Adjudicated Water Rights are Property Rights in the State of California.   We are protected from “Take” under the applicable articles of our Federal and State Constitutions. The CDFG and RCDs threaten us with fines and prosecution for failure to sign up for the new “Watershed Wide Permit Process”.  Armed CDFG Game Wardens have made site visits to threaten people with fines and prosecution for failing to voluntarily sign up for a mandatory permit contract.

In 1998 the Office of Administrative Law ruled against CDFG for using “underground regulation” when defining Section 1600.   Another OAL petition has recently been filed for the same violation. The Superior Court of California, in its adjudication of our Water Decree has given Water Right Owners the right to “Divert said waters from the respective points of diversion” and to “Convey said Water”, for beneficial use.  Regardless of what CDFG alleges section 1600 to contain, Water Right Owners require no additional permission in the exercise of our rights.

To Reiterate, Water Rights are Property Rights in the State of California.

The Right to Property and to defend that property is guaranteed in the Constitution of the United States and the State of California.

It has been suggested that we find some form of Compromise with CDFG.

So I ask you, sir, to what form of compromise would you have us submit?

The slow and inexorable loss of property and liberty to appointed officials?

Un-Levied taxes in the form of fees and control of the very property we have worked so hard to gain and to protect?

How does one compromise when we have, in fact, done nothing for which compromise is required.  Why would one want to compromise with criminals?  How could the

Right Owners believe a word uttered by the CDFG when your agenda involves nothing but threats and lies?

How does one Compromise with bullies, and thugs?  How does one compromise with armed Peace Officers or Public Officers acting in violation of the laws of this State by threatening and extorting money, signatures and property from law abiding citizens?

I understand the prevailing attitude within your Department is that all farmers and ranchers are water abusers and are harming the environment with our very existence.  Your Agency believes the disappearance of Agriculture would heal the environment and fish would suddenly enjoy a miraculous recovery.

I submit to you sir, that you have been getting some very poor advice.

We live with this land not on it.  The land represents our livelihood and our culture.  Ranches and farms are eco systems, which support a variety of wildlife and birds.  We have supported voluntary enhancement programs for decades.  Family Farmers and Ranchers are responsible and caring stewards of this land.  Some of our families have occupied the same land since California entered statehood.

The Water Right Owners of Siskiyou County believe that you and your department are fishing for fees and power and We the People, will not have you or your Agency robbing us of our property or our liberty.

Mr. McCamman, the citizens of this state are weary of governmental abuse of authority and power.  You know very well that your agency is attempting extortion through the “permitting process”.  In OAL decision 1998 (#4), CDFG was warned not to embellish regulations to accomplish goals which are not stated in the regulations.
We have tried in every way to redress our grievances over this attempted “take “ with no result.  We will not beg to the government for the use of our own property.  The citizens of California are not playthings to be used at will during government social or environmental experiments.    The Constitution of the United States and the Constitution of the State of California guarantee it citizens certain rights that are not within the power of government to alter. 

We fully intend, and are prepared, to defend our rights with all of the resources at our command.  The rights we enjoy as citizens were bestowed upon us by our creator and purchased for us with the blood of our fathers and forefathers.  It is our duty and our responsibility to carefully protect and to defend those rights for the generations that follow.  It is unthinkable for any Citizen to act otherwise.    

WE WILL NOT SIGN OUR LIBERTY OR PROPERTY AWAY TO THE CDFG OR TO ANYONE ELSE!    WE WILL NOT SUBMIT!  WE WILL STAND UPON THE CONSTITUTION.  WE WILL FIGHT.

Do what is right.  Stop this before it goes any further.

Sincerely,

Mark Baird