There is only one outcome from such a proposition … that being that water will always flow in the direction of $$$$…

…The fundamental foundation of the article to follow is based solely on the premise that WATER is a COMMODITY and not part of the COMMONS

…There is only one outcome from such a proposition … that being that water will always flow in the direction of $$$$...

 

Opinion: If water were treated more like a market commodity, there would be enough to go around.

Robert Robb, Arizona RepublicPublished 7:02 a.m. MT Aug. 15, 2018

Yes, there is a way to ensure Sierra Vista and the San Pedro River have enough water

 

I sometimes feel sorry for judges, although they come in for a lot of criticism in this column.

The reaction to their work is invariably based on feelings regarding the policy outcomes of their decisions. But judges aren’t supposed to be making policy. Done right, their decisions clarify, not make, policy.

An excellent example is the recent Arizona Supreme Court decision regarding Arizona’s assured water supply law.

That law requires that a developer show that a 100-year water supply is “continuously, legally and physically available.”

Law doesn’t require guesswork  ……The Arizona Department of Water Resources determined that a developer in Sierra Vista had met that requirement. But it hadn’t taken into consideration the effect of a federal reserved water right for a conservation area associated with the San Pedro River the federal government established in 1988.

That claim is part of a broader Gila River General Stream Adjudication to sort out a variety of surface water claims.

That adjudication has been ongoing for four decades, and there is no end in sight.

So, at present, how much the federal reserved groundwater right might turn out to be is unknown and won’t be known for the foreseeable future.

The plaintiffs in the case fear the effect of the development on stream flow in the San Pedro. They sued, saying that ADWR had to guess how much groundwater the feds would ultimately get, and include that guess in determining whether the developer had met the 100-year water supply standard.

However, there is nothing in the relevant statute that suggests that ADWR has to hazard such guesses rather than make the determination based upon ascertainable facts at the time of decision. Right now, the water is there and the developer has a legal right to pump what would be required to serve the development.

So, a majority held that ADWR made the right decision, although a spirited minority of the court wanted to read mandatory guesswork into the statute.

The decision has been broadly criticized. Not generally on the grounds that the court got current law wrong. But because of the potentially adverse effects on stream flow in the San Pedro.

And here, the policy discussion in Arizona is arid. There shouldn’t be a binary choice between allowing people to live and work in Sierra Vista, if that is their preference, and stream flow in the San Pedro. If water were treated more like a commodity, with there being a reasonably free market for it, both should be possible.

There is a lot of fretting about an impending water shortage in Arizona. There’s a scramble on to keep Lake Mead from dropping to the point of triggering cuts in our CAP allocation. There’s discussion of seeding clouds and desalination plants. And mandatory conservation measures.

However, the estimated shortages aren’t that large, in the range of 10 percent to 15 percent of projected consumption. Given the huge percentage of our water still used by agriculture, and for outdoor uses in the Phoenix metro area, that should be manageable without huge taxpayer investments in water augmentation or telling people that they can only wash their cars on alternate Tuesdays.

Obstacles to creating a water market  ….A significant part of the problem is the way water is priced. Generally, water is priced according to the cost of production. If water were treated more like a market commodity, the price would be markedly higher, reflecting not only the current cost of production but also the anticipated future scarcity.

The other problem is the legal constraints on where water can be used. Generally water has to be used where it is extracted. The CAP and the SRP systems are gigantic exceptions to this. But, generally, and particularly for groundwater, water cannot be transported from where it can be extracted to where it might be demanded.

It’s not hard to envision a water market that keeps the San Pedro flowing while also allowing people who want to live in Sierra Vista to do so.

What is hard to envision is how to get from where we are to that point. Right now, government either provides water or regulates its delivery and price. Getting government to price water to reflect its scarcity and not just the current cost of production is politically difficult.

And the thicket of legal water rights and restrictions is dense and deeply rooted.

Failing to figure it out, however, will require facing increasingly unpleasant policy choices. For which, judges will not be to blame.

Reach Robb at robert.robb@arizonarepublic.com.

both owned by Murdoch you want me to believe they are NOT card

…Inasmuch as the Wall $treet Journal and FOX news are both owned by Murdoch you want me to believe they are NOT card carrying members of TRUMP supporters and if you work for Murdoch you will be too, or find another job…???

Wall Street Journal Lashes Out at MSNBC’s Rachel Maddow After Host Says the Paper Buried a Major Trump Scoop

By Cody Fenwick, AlterNet

The Wall Street Journal has faced criticism for its editorial boards’ biases. READ MORE»

With all the taunting, bullying, tormenting that TRUMP fosters on China they would be foolish not to take retaliatory steps

…With all the taunting, bullying, tormenting that TRUMP fosters on China they would be foolish not to take retaliatory steps…

CHINA TRAINING PILOTS TO HIT U.S. China is developing its fleet of long-range bombers and "likely" training its pilots for missions to target the U.S., according to a new Pentagon report

Is there anything positive which benefits everyone that TRUMP does not mock, attack, bully, demean, taunt,

…Is there anything positive which benefits everyone that TRUMP does not mock, attack, bully, demean, taunt, tease, categorize as “fake news”…???

…And this action on Trump’s part somehow makes America “great”…???


Trump suffers brutal Senate rebuke for attacking the free press as ‘the enemy of the people’

What a shame Trump has to pass up an opportunity to stand shoulder to shoulder with his fellow banana republic dictators

…What a shame Trump has to pass up an opportunity to stand shoulder to shoulder with his fellow banana republic dictators Putin, North Korea, et.al…

…They all have smart cool military uniforms … sorry … Trump … our constitution did not give you one…

 

‘I Cancelled It!’: Trump Tries to Save Face After Pentagon Postpones $92 Million Military Parade

By Brad Reed, Raw Story  Trump claimed that he made the decision to "cancel" the parade and he blamed Washington D.C. city officials for allegedly inflating the cost of the parade…. READ MORE»

TRUMP’S TANK PARADE GETS CANNED Trump’s North Korea-style military parade has been postponed until 2019, according to the Pentagon. The president’s celebration of American military might was slated for Nov. 10 — Veteran’s Day weekend. The postponement comes amid reports that the cost of the parade was running over budget by $80 million.

For TRUMP leadership is solely a matter of do as I say or I will fire you…

…For TRUMP leadership is solely a matter of do as I say or I will fire you…

‘If Trump Wants to Do It, He’ll Just Do It’: White House Aides Reportedly Fear the President Is ‘Eager’ to Go After More of His Critics

By Matthew Chapman, AlterNet ……..Trump got away with stripping John Brennan of his clearance. Now he wants to go after even more people. ………READ MORE»

Watch the movie SPOTLIGHT…

…How much and how often is full disclosure and transparency required to get ACTION..

…Watch the movie SPOTLIGHT…

…So precisely what action are YOU going to take to bring about a fundamental change in the dogma of the Catholic Church…

 

Catholics on Twitter Call for Drastic Reform after Pennsylvania Sexual Abuse Report    As the church debates its next moves, American Catholics demand swift and concrete action on predator priests.

 

 

By Carol Kuruvilla

Pennsylvania’s newly released grand jury report on clerical sexual abuse focused on only six of the eight Catholic dioceses in the state. Still, jurors’ allegations that senior church officials covered up sex abuse has sent shock waves through Catholic communities across the country.

The report, published Tuesday, unearthed graphic stories of boys and girls assaulted and raped by Catholic priests in the dioceses of Allentown, Erie, Greensburg, Harrisburg, Pittsburgh and Scranton. The grand jury identified 301 “predator priests” and more than 1,000 sexual abuse victims over the past 70 years.

Jurors said that in many cases, senior church officials knew that these abuses were occurring yet worked to dismiss victims’ claims and protect the priests.

The U.S. Conference of Catholic Bishops promised on Thursday to make it easier for Catholics to report misconduct by bishops and to have those complaints resolved. The USCCB also pledged to ask the Vatican to investigate accusations swirling around former cardinal Archbishop Theodore McCarrick, a high-ranking cleric who has been accused of sexually abusing boys and adult seminarians. 

The proposals will be presented to the full body of bishops during a November meeting.

Cardinal Daniel N. DiNardo, the USCCB’s president, called the failure of bishops on the issue of child sexual abuse a “moral catastrophe.”

“I have no illusions about the degree to which trust in the bishops has been damaged by these past sins and failures,” he wrote in a statement. “It will take work to rebuild that trust.”

The Vatican also issued a statement Thursday, saying, “There should be accountability for both abusers and those who permitted abuse to occur.”