Liberty Matters News Service

July 31, 2001

CARA Passes Committee, 29-12

After almost six hours of debate, the House Resource Committee passed H.R. 701, the Conservation and Reinvestment Act, by a 29-12 vote.  Committee Chairman, Jim Hansen (R-UT), joined Democrats in approving the measure and criticized private landowners as being part of the “so-called private property movement … that obviously had not fully read the bill.”  Interestingly, Utah stands to receive $53 million annually from CARA and Rep. Don Young, author of CARA and now chairman of the Transportation and Infrastructure committee, has seen to it that Utah will receive millions for road improvements for the upcoming Olympics.   Western lawmakers worked diligently to add amendments to protect property rights and even to sunset CARA in five years instead of fifteen, but all were defeated.  Rep. Mac Thornberry’s amendment preventing CARA funds from being used by non-profit groups for citizen lawsuits passed, but committee members were summoned back to defeat the amendment in an unusual second vote.  Those voted against CARA in the final vote include: Richard Pombo (R-CA), Barbara Cubin (R-WY), William (Mac) Thornberry (R-TX), John Peterson (R-PA), Jeff Flake (R-AZ), Butch Otter (R-ID), Tom Osborn (R-NE) and J.D. Hayworth (R-AZ), Jim Gibbons (R-NV), Mike Simpson (R-ID), Bob Shaffer (R-CO), Greg Walden (R-OR).  Chairman Hansen predicts the bill will go to the full House in September.  Now is the time to contact the House leadership to demand they not allow this bill to be brought up for a vote.  Call House Speaker Dennis Hastert, Majority Leader Dick Armey, and Majority Whip, Tom DeLay, without delay.
U.S. House of Representatives, Committee on Resources - Committee Action
Reader's View - Mike Simpson: CARA would sap funds from other programs

Armed BLM Employees Confiscate Cattle

On July 25th, armed employees of the BLM confiscated 67 head of cattle from a grazing allotment in Nevada owned by Colvin Cattle Company.  The BLM had earlier filed trespass charges against the ranch after a long dispute over the terms and conditions upon which the BLM wanted Nevada rancher Ben Colvin to agree to by signing their grazing permit.  The terms would have made it impossible for the ranch to continue in operation so Colvin refused to sign the permit and continued to graze his allotment.  “My allotment is a privately-owned surface estate right on federal lands,” explained Colvin.  Pointing to the preliminary decision in Hage v. United States, Colvin stated, “There is recent court precedent which states that a person does not need a permit if the federal government is using the permit to take your property. The BLM was using my permit to convert the use of my range to a wild horse grazing area so I canceled my permit and waived all so called benefits from the BLM.”  The BLM confiscated the cattle while the Esmeralda County Sheriff was out of town.  The Sheriff had earlier told the BLM they would need a court order, which they never produced.  The cattle are now being held in a sale yard in Fallon, Nevada.  The BLM plans to sell the cattle with or without a proper brand inspection required for the sale of livestock under state law.
Stewards of the Range Press Release

A Little Too Late

Protesters remain at their posts in the Klamath Basin as irrigation officials try to ready canals to handle the limited flow of water ordered released by Secretary Norton.  The manager of Enterprise Irrigation District, which serves 1400 landowners, says the water won’t go far, given the dry and parched earth it will serve.  Pointing to week-filled dry canals, he said it is “extremely difficult to come back into the game like this.  To say the least it’s an incredible disaster.”  Volunteers worked Sunday to help clear the canals so that they can handle the water when it is turned out.  Officials expect 1/6 of the released water will be lost through absorption and evaporation caused by the dry canal beds.  Secretary Norton acknowledged that the water is “too little, too late” to save farmers in the Basin.  The Owyhee Cattlemen’s Association in Idaho has called upon President Bush to immediately begin the process of compensation the farmers and business people dependent upon agriculture for the taking of their property rights resulting from the shut-down of water.

Another Water Story

A group of county officials, farmers and ranchers, in the Methow Valley of Washington state, have filed suit against the federal government for cutting off their water in the name of the Endangered Species Act.  Okanogan County and the irrigators tried for two years to find a cooperative and legal solution for salmon conservation, but the federal agencies unilaterally imposed target flow conditions that farmers say impose “impossible standards.”  The feds’ new rules prohibit farmers from irrigating “if river flows fall below what they were more than 100 years ago, before people started using the water.”  The U.S. Forest Service has since informed Congress that they will abandon the policy, but the irrigators in Methow Valley are still obligated, hence the lawsuit.  A spokesman said;  “This lawsuit is not about whether irrigators have to comply with the Endangered Species Act – we do – this lawsuit is about unchecked and illegal federal control over our water rights."
Rural County and Farmers Sue Federal Agencies To Protect Water Rights