SARGE: Water, Water Everywhere

The following referenced bill offered in the Louisiana Legislature was proposed by Dan Claitor. Mr. Claitor is noted for his political ambitions and now it appears he’s trying to  pander to Russell Honore’s (Lt. General U.S. Army ret.), “The Green Army”.  Claitor is a typical Progressive Republican apparently believing pandering to the left will cause liberals to support him in a distinctively confusing stance approximating moderation. Unfortunately for some of us it appears more a matter of capitulation in favor of self-service.  Dan Claitor is taking on the status of the “poster boy” for the type of progressively misdirected mentality destroying our country.

Some people feel control of all the water in the state amounts to creeping fascism in action.  If this is enacted, it’s entirely possible the future company finding the most favor with those politically connected (from future Governors, right on down to parish councils and administrators) will make a fortune by controlling a resource that’s necessary and vital to life. They’ll do this by controlling permits and levying sanctions against the average citizen. This is akin to the government seeking to levy taxes and sanctions against people choosing to allay energy expenses by personally using solar power at home. Some governmental entities seek to “tax the sun” as solar energy will divert money from energy companies (companies funding numerous campaigns across the nation from the local to the national levels) seeking to protect their corporate, financial bottom lines.

Now, Mr. Claitor wants to enact legislation designed to develop a:  “Water Code Committee. The committee shall be an interdisciplinary committee, and shall include academicians, practitioner, scientists with expertise in hydrology, and government representatives with expertise in Louisiana’s water resources and the state’s existing administrative system of water management”. The legislation proposed further states: “Not later than January 1, 2017, the Water Code Committee shall present proposed legislation to the Legislature providing comprehensive Water Code provisions governing Louisiana’s water resources and their use. The Water Code provisions shall include and address surface water, groundwater, the nature and scope of riparian rights, and the management and conservation of water resources by the state.”

Nowhere in the legislation does it involve the “end-user”. Nowhere does this involve any citizen participation in the development of this set of “Water Codes”. At this time it doesn’t address or explain the end ramifications of already in place “riparian rights” defined and established in Common Law.

Riparian right, is the doctrine pertaining to properties adjacent to a waterway governs the use of surface water and gives all owners of land contiguous to (or adjoining) streams, lakes, and ponds equal rights to the water, whether the right is exercised or not. The riparian right is usufructuary, meaning that the landowner does not own the water itself but instead enjoys a right to use the water and its surface.

Modern civil-law systems recognize two types of usufructs. The perfect usufruct includes only those things that one who holds property under right of usufruct can use without changing their substance, such as land, buildings, or movable objects; the substance of the property, however, may be altered naturally over time and by the elements. The quasi-, or imperfect, usufruct includes property that is consumable or expendable, such as money, agricultural products, and the like, which would be of no advantage to the usufructuary (user) if he could not consume them, expend them, or change their substance.

In the United States the public aspect of water is distinguished by riparian water rights, which—although increasingly regulated—are considered to be private property rights and are protected against governmental seizure by the U.S. Constitution.            (Emphasis is mine.) (Encyclopedia Britannica)

The question arises: does control by committee constitute seizure? If the Common Law is already “in situ” why would we need another “commission” to study what’s already controlled and in reality been answered?

To many, this legislation starts the process of codifying the level of interference new governmental bodies may exert in order to control vital natural resources. This is the new game of thrones being enacted before our lives. When you can be sanctioned for having a cistern to capture rainwater because the act of diverting, confining and gathering water falling from the sky to assure your survival: YOU have a problem. Diverting a stream to prevent waters flooding your yard and home? The EPA, USDA and the glut of bureaucratic entities from town halls, to Parish Governments, to states and the federal government seeking to be joined by Claitor’s “Water Code Committee; may further erode and/or corrode YOUR rights under the Constitution.

Thanks for listening

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