Liberty Matters News Service

October 23, 2001

Klamath Basin Water Users Seek Compensation

On October 11, 2001, a group of irrigation districts, small businesses, farmers and ranchers in the Klamath Basin of northern California and southern Oregon filed a Fifth Amendment takings claim in the U.S. Court of Federal Claims in Washington, D.C. asking compensation for the taking and impairment of their water rights by agencies of the federal government.  According to Roger and Nancie Marzulla, attorneys for the plaintiffs, the taking and impairment occurred when irrigation water was cut-off in order to protect species of fish.  It alleges also that under the constraints on use of water included in decisions and opinions issued by the federal agencies, “farming in the Klamath Basin is not viable.”  Plaintiffs state: “As a direct and proximate result of the acts of defendant [the United States Government], plaintiffs and the landowners they represent have been damaged in an amount … estimated to be in the range of $1 billion” In April, 2001, the United States Court of Federal Claims decided in Tulare Lake Basin Water Storage District v. United States that water users are entitled to compensation from the government when water rights are taken in order to protect endangered species of fish.

UN Pushing for New Treaty on Terrorism

Fortunately President Bush has not sought the help of the United Nations in America’s war on terrorism, although UN Secretary-General Kofi Annan has invited the U.S. to seek his help. The UN has taken the position that they are “uniquely positioned to advance this effort” with 12 international treaties and numerous resolutions dealing with terrorism.  Their Terrorism Prevention Branch staffs 350 people in 22 offices around the world.  Still, as pointed out by Oliver North in a Washington Times column, the UN has an “abysmal record of expressing ‘righteous outrage’ when it comes to Americans dying at the hands of terrorists,” and claims that “the UN itself has contributed to the problem.” He points out how the UN has shown little concern when Americans were targeted in the past including the recent attack on the USS Cole, which killed 17 and wounded 39.  North believes the UN “has earned the right to be ignored.” It is interesting while President Bush announced on September 24^th that the terrorists financial assets would be frozen, Annan was in New York presiding over a UN General Assembly urging them to cement “the ties among nations and not subject them to new strains.”  He also sent the message that the UN already provides “a legal framework for … extradition and prosecution of offenders and the suppression of money laundering.” Instead of helping America win the war on terrorism, the UN appears to be more interested in undercutting America’s efforts.  According to Henry Lamb in a World Net Daily column, “Annan has already called for a new ‘comprehensive’ treaty on terrorism,” and is working to convince other nations to pressure America to let the UN take the lead in this war.  Thankfully, President Bush has chosen not to place the fate of America in the hands of the United Nations.
Keep the UN where it belongs - Out of the Loop
Terror on the Horizon

Environmentalists Petition Court to Lift Injunction

Environmental groups have asked a Ninth Circuit Court of Appeals to lift a U.S. District Court Judge’s injunction against a Clinton administration rule to restrict logging and road building in one third of the nation’s forests.  Judge Edward Lodge issued the preliminary injunction in response to a lawsuit by the state of Idaho, recreation groups, Indian tribes and livestock producers who claimed the ban would leave the forests vulnerable to disease and make it impossible to effectively fight the inevitable forest fires.  The Bush administration declined to appeal Judge Lodge’s decision, arguing that the ruling had been pushed through at the last minute without sufficient public input.  The three-judge panel appeared not to agree with the environmentalists’ position by expressing doubts the groups had the power to appeal when the government chose not to do so.  The court has not reached a decision, however, the fight is not over.
Environmentalists Argue to Lift Roadless Rule Block

Enviro Groups Sue USFS, Again…

The Center for Biological Diversity and the Western Environmental Law Center have filed suit against the U.S. Forest Service for failing to properly protect 57 Arizona rivers that may be eligible for inclusion in the National Wild and Scenic Rivers system.  The groups don’t want to wait until Congress can make the designation (s), a process that could take years.  They argue that there are too many threats to the river ecosystems from new dams, power line construction and, of course worst of all, the dreaded livestock grazing. CBD spokesman, Brian Segee, said,  “Protecting these rivers is not only important to imperiled wildlife, it is critical to our own well-being.”  These groups oppose the building of a proposed high-voltage power line across Sycamore Creek, because they value scenery more than readily available and affordable electricity.  With all the critical issues we face in this nation today, our “own well-being” is not being threatened by a lack of wild and scenic rivers. 
Suit Filed to Protect Over 750 Miles of Potential Wild and Scenic Rivers in Arizona