Rebuttal to the Arizona Department of Water Resources, the Mohave County Board of Supervisors, the City of Kingman and those that support the illegal Hualapai Basin Irrigation Non-Expansion area.
Let me remind you that State Statutes, Codes and Regulations are not Law but color of Law. Only congress can pass law. Any State Statute, Code or Regulation must be in line with the U.S. Constitution.
United States of America, v. Jerry Arbert Pool, C.A. No. 09-10303, in the United States Court of Appeals for the Ninth Circuit (Opinion filed September 14, 2010), On Appeal From The United States District Court For The Eastern District of California.
“It [the federal constitution] must be interpreted in the light of Common Law, the principles and history of which were familiarly known to the framers of the Constitution. The language of the Constitution could not be understood without reference to the Common Law.” U.S. v. Wong Kim. Ark.169U.S.649.18 S.Ct.456.
If you say there is no Common Law you are saying there is no U.S. Constitution.
Common law is still law of the land.
The constitution was ordained and established by the people “for” the United States of America aka government. Therefore, government was created by an act of the people; the creation cannot overrule the creator.
“If any statement, within any law, which is passed, § unconstitutional, the whole law is unconstitutional.” – Marbury v. Madison: 5 US 137 (1803): All cases which have cited Marbury v. Madison case, to the Supreme Court has never been overturned. – See Shephard’s Citation of Marbury v. Madison
All of you have taken an oath of office to uphold the U.S. and Arizona Constitutions. Perjury of Oath is A Class 4 Felony . ARS – 38-231
Under Common Law We The People have a GOD given right to our land and the water underneath that land without regulation.
When people buy land, they usually get water and mineral rights with the land. The recording of a deed on the property will reveal this.
You’re trying to regulate a right to property as water comes with the property.
Creating a irrigation Non-Expansion area is a ploy to gain control of the people and their land through color of law. This is Government overreach and a violation of your oath of office.
Communist Manifesto Plank One States:
1. Abolition of private property and the application of all rents of land to public purposes.
Americans do this with actions such as the 14th Amendment of the U.S. Constitution (1868), and various zoning, school & property taxes. Also the Bureau of Land Management (Zoning laws are the first step to government property ownership) Next is the control of our water supply.
You have brought to us a significant amount of Government over reach. You have illegally filed, basically, a cease and desist violating the rights of “We The People” of Mohave County under color of law.
Effective October 12, 2022– Pursuant to A.R.S. Section 45-434, irrigation users may irrigate only those acres of land within the Proposed INA which were irrigated at any time during the five years preceding the first date of publication of this notice (October 12, 2022). This limitation on the acres which may be irrigated shall continue in effect until the Director makes a final determination on the Proposed INA.
“Irrigate” is defined in A.R.S. Section 45-402 and means to apply water to two or more acres of land to produce plants or parts of plants for sale or human consumption, or for use as feed for livestock, range livestock or poultry.
The USGS completed a scientific analysis of the Hualapai Basin and the Sacramento Basin and informed everyone at the hearing that the Hualapai Basin is not in a crisis at all.
In fact, the USGS confirmed that we have many years of water left. They use these terms on the front page of their site.
The Hualapai Valley Hydrologic Model (HVHM) simulates the hydrologic system for the years 1935 through 2219, including future withdrawal scenarios that simulate large-scale agricultural expansion with and without enhanced groundwater recharge from potential new infiltration basin projects
Arizona Department of Water Resources
In the future withdrawal scenario provided by Mohave County, the HVHM simulates mean groundwater-level declines at several locations in the Kingman subbas in between 87 and 128 ft by year 2050, 28 years from now, and between 204 and 241 by year 2080, 58 years from now.
Mean simulated groundwater-level declines in the Hualapai subbasin range from 44 to 210 ft by year 2050 and from 107 to 350 ft by year 2080. Mean simulated depth to water in the Kingman subbasin exceeds 1,200 ft between the years 2155 and 2214 (median year of exceedance 2171).
Each and every one of the Mohave County Board of Supervisors has been given this USGS report that there is no water crisis. This only can lead the people to the conclusion that the Arizona Department of Water Resources and the BOS are attempting to subvert and control the farmers water to create an American Holodomor.
Many of us have been quietly educating people to make our county self-sufficient.
Remember what Russia did to the Ukraine in 1932 – 1933. They took all their grain and food and left them to starve to death. Over seven million people did starve to death.
Keeping the farms from expanding by regulating the water is going to lead to another Holodomor. Just like in the Ukraine.
Your Irrigation Non-Expansion area is rejected and declared UN-Constitutional by the America First Committee and “We The People” of Mohave County.