In a nutshell, ranchers and the U.S. Forest Service used to keep undergrowth in check in the national forests through a combination of thinning, removing dead or diseased trees, and prescribed burns. But over the last decade or so "these efforts have been put on hold because the Forest Service is constantly being dragged into court, using taxpayer dollars by environmentalist groups through the Equal Access to Justice Act, to prevent any management of the forests." Consequently, tinder and fuel built up over the years, culminating in last summer's massive AZ wildfires. Then when it finally rained there was nothing to prevent mudslides and erosion, because all the plant life had been burned off.
Specifically, last year the water supply lines to the Arizona town of Tombstone (yes, that Tombstone) were severely damaged in a flood caused by heavy runoff over a burnt-out area.
Since the damage, Tombstone residents have been fighting to repair the water lines, but because they run through a wilderness area, the feds are saying the only option they have is to literally dig up miles and miles of water lines by hand. Why? Machine use in wilderness areas is prohibited by federal law.The city of Tombstone has property rights to the water from its source, and to access roads and pipelines delivering the water to the city.
Monday, U.S. District Court Judge Frank Zapata denied Tombstone, Arizona’s emergency request to restore its Huachuca Mountain municipal water supply. Over nine months ago, the historic town’s 130-year-old water system was destroyed by massive flooding resulting from torrential rains and the destruction of surrounding forests in the Monument Fire.
Despite the burial of water reservoirs and water lines under boulders the size of Volkswagens and as much as 12 feet of mud, the Court denied Tombstone’s request to allow it to use mechanized and motorized equipment to restore its water system. In denying the request, the Court ruled that the town did not exhaust efforts to obtain federal permits to use the equipment despite nine months of continuous efforts by the town to secure the U.S. Forest Service’s cooperation. The Court was not moved by a state of emergency declared specifically for Tombstone by Arizona Governor Jan Brewer.
Until last year, the U.S. Forest Service recognized and respected those rights, which date back to the days of Wyatt Earp. Today, the federal government denies they exist and refuses to allow Tombstone to restore more than three of its spring water catchments.The saying here out West is that whiskey's for drinking and water's for fighting. Arizona has already shown that it's not afraid to stand up to the federal government. I'm willing to bet that this will be a water-fight the feds will regret.
(H/T to iOwnTheWorld for the link.)
5 comments:
Laws and Courts and Law Enforcement are only as effective as the people who respect them. While it's true that you can lead a horse to water, but you can't make him drink, it's also true that you're going to have to kill that damn horse if he decides nothing and no one is going to keep him from getting to that water to keep from dying. Laws don't make people Orderly, Orderly people makes Laws, and keep laws, and write more laws; once the people stop being Orderly, laws kind's die on the vine. Lack of water can make vines and laws (and courts) die very, very fast.
Don't tell people who are starving for bread to "eat cake", or people who are thirsty and can't flush their toilets to file another @#$@% petition. Find a solution fast or face the music.
Just start digging. Make the feds to stop them by force, if they don't, continue on and get the damn waterline repaired. If the feds decide to stop them by force, the story goes front page and the national outcry for Tombstone will be deafening. Our sentiment for a town that is part of the American fabric will topple any effort by the feds to stop them.
Obama will not want another black eye,(pardon the pun), this close to the election.
One word... Payback...
I had the same thought as Jeff. Start digging. Use the biggest, fastest equipment available. The feds don't respond to anyone fast, and it would take someone paying attention to notice the work being done.
I cannot believe that life and limb do not take precedence over disturbing the land in what is apparently a wasteland of rock and erosion now, anyway.
NFO - I think you're right.
Pascvaks, Jeff, and Harper - I'd love to see AZ go ahead and dig (Dig Baby Dig). Talk about a media firestorm...
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