Wednesday, March 12, 2008

Principles In Liberty 15

Ever obtained a water right? Ever think about what this implies?


Recorded on 3/12/2008

A discussion of a situation that arose concerning water rights I requested for my property.
Eclesasties 7:7 "Surely opression maketh a wise man mad; and a gift destroyeth the heart"
What does needing a license to use water imply?
Am I free or a slave?
Check it out.

Here is my original email to the Idaho Dept. of Water Resources:

I received a permit review from you regarding my water right permit #81-07152

It appears that my addition of a hydro power system utilizing available spring runoff water which included a diversion of spring water flow to collect it for this use requires the permit request to be amended

This is the first water right I have ever had an interest in so please forgive me if my questions are that of a simpleton.

What does the term "Water Right" mean? It would appear that this is not a right at all but a privilege granted by the state to the licensee via the permitting process.
Since the term "license" implies permission to do something that would otherwise be illegal, why is it otherwise illegal to use water on property I hold clear fee-simple title to?
Do I own a license referenced by this permit? If so, what constitutes proof of my license? All I have in my possession is a form showing I have applied for a permit. How can I possess proof of my license? It appears my license is not yet perfected either so what should I assume is the status of permission to use this privilege?
If I am required to have a license to use water that is naturally flowing on my property am I to assume that it is illegal to use any water on my land without a license? Does this include rainwater that falls from the sky before it touches the land?
I have several ponds I have created on my property and I have been told I need a permit in order to obtain fish to stock them. What is the nature of such a permit? I have heard that obtaining a permit for ponds is actually me granting jurisdiction to the issuer of the permit rather than obtaining permission to use that which I do not own. Can you clarify how exactly obtaining a permit of this type effects my ownership rights and standing WRT the state?
Are there any licenses implied simply by holding fee simple title to the land which I should be aware of? Is fee-simple title ownership at all or is it merely a declaration of an interest in something I cannot own?
If I do not own the water on my land, even with a "water right" then who does? Is water ownership in the hands of a single entity or spread out across multiple entities?
Since water flows onto and off of my land and eventually encompasses the globe and is generally neither created nor destroyed, how can it be owned at all by any entity other than all mankind? How did the state come to acquire ownership rights over such a resource?
It appears that it is a condition for approval that the hydropower I extract from the water be subordinate to any other use - why? Does the state also own any power generated by this licensed resource?
It appears that the Director of Water Resources will require some 6 years or more to review this license - why such a long time? By default am I to assume I have the privilege granted until so denied? Can I be held liable for making such an assumption?
My "rights" may be revoked or amended it seems at any future time so how is this a "right" in any sense of the word? Why is the state even bothering with all this paperwork - why does it not simply declare itself the sovereign over all water and dispense with all pretence of rights or ownership by individuals?
Who determines the "interest of the public"? Is the Director (or whoever this entity would be) subject to public election or recall? How am I represented here? Is the entity held under any kind of oath?
Should I have asked permission prior to diverting the water for hydro power use? Who would I ask and what process would I use? What would be the limits to my liability for not asking premission?
I would like to create a dam on Cedar Creek on my property for the use of environmental enhancement, water conservation, and more hydro power. How would I proceed to acquire permission to do such a project? If such a project were done, would I have any control or rights over the fruit of my labor or the power generated by the dam?
Do I have any rights to the air I breathe? Who owns that? If it is not collectively owned by the state as water appears to be, how does air differ from water in this respect?
Can I assume my body is my own or do state regulations on health care imply that I don't own that either?
Do I have any rights at all? If so what rights to I have beyond being a slave?
Do I own anything in absolute alodial title? If so, what might that be? If I can obtain alodial title to anything, how would I go about doing so?
Is the fruit of my labor and intelligence also owned by another besides God? If so, who would this be and why? How did I come to be a slave?
I think everything in your letter is in order as far as I can figure out. I am thus signing your "application for amendment" and tendering the $50 fee as requested. Its nice to know that my government is serving me so well by only charging me only $50 to process this paperwork and maybe granting me a license sometime after December 28th, 2014 which is revocable at any time. I stand humbly grateful for your imperial favor on my behalf.

Truly I am not trying to be trite or smart here - with all due respect, I wish to understand how this circumstance is even possible in a republican system under law.

I realize some of these questions are a bit philosophical but one must realize that the requests you are making of me in this letter imply some very disturbing truths. If all water on all lands are owned by the state/public I would think I need a license to drink it and thus to live. This implies nothing less than the fact that totalitarian communism as our current form of government. This also implies I am nothing more than a slave and can be subject to starvation, dehydration, or asphyxiation at the state's whim. Quite disturbing in a place once known as "the land of the free and the home of the brave" don’t you think?

Thank you so much Mr. Weaver for your time.
Your humble servant (literally)


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