Monthly Archives March 2016

CRITICAL 411 ABSENT FROM PURPORTED OFFICIAL LDPCSD RECORDS

Would you be surprised if critical information was indeed missing  from purported official public LDPCSD records?

If “yes” you are likely a member of a fairly optimistic group of folks who believe government business is generally conducted with the required public transparency (ie, California Brown Act) which greatly increases the probability that activities on “behalf of the people” will be legal and honestly executed if for no other reason than “more eyes = less lies” – lol.

If you are not surprised that critical information regarding the approved functioning of our public agency is indeed missing from “purported official records”, then I imagine a reasonable resulting question from you might be something like “Was this an accident or intentional omission of  important information?”   Mistakes and accidents happen, but if the missing information appears to be the result of intentional concealment of some basic fact – the BIG QUESTION becomes “WHY”? 

Once official records of a public agency have been compromised the age-old questions of “WHO WHAT WHERE WHEN WHY and HOW?” should be pursued with legitimate investigation, appropriate followup enforcement action, and restoration of the official public record of that agency.

“APPROXIMATELY $1,500 GIVE OR TAKE SEVERAL HUNDRED DOLLARS”

Would you accept the above answer from a representative at your financial institution after asking “Exactly how much money do I have in my savings account?”P3080002

Obviously I do not know what a viewer of this website might believe regarding any particular subject.  I would hope they are interested in this area due to being, or wanting to become, a resident of these beautiful foothills.  So I don’t know how you feel about incorrect public information, but for me, when purported important official documents do not display a date, legible name and/or official position near an authorizing signature, I start  to doubt authenticity.

OLD paper photo2012-07-31 CPU 024

Could this be some kind of purposeful deception of sorts?  Something inappropriate going on and being supported with fabricated information with “doctored” copies of the original? Why are these records apparently incomplete?  When was a particular policy approved?  Why wasn’t this contract signed by all authorizing/approving parties involved?  These, and other questions, naturally would arise regardless of how the information is stored, reproduced – whether from reams of deteriorating age-yellowed paper copies or gigabytes of digital code on compact disks and thumb drives – format doesn’t matter, the paramount question is:  IS THE INFORMATION FACTUALLY ACCURATE  AND COMPLETE?

Fabricated records are one thing, but what about an obvious crucial missing document upon which the entire public service agency business was formed and approved by the State of California and respective authorizing County governments?   When there is evidence that an agency’s business records have apparently been compromised my first “go to question” is WHY? papers photo

Why would the WHO do this?  Who would have a motive extreme enough to fabricate and/or steal a water company’s historical records?  When you add the unsolved arson destruction of our business administration office to the mix the probability of some very dangerous people being involved is not difficult to envision.

20120227_33 Ever personally observe or be a participant in any form of typical government processing of paperwork?  I have on many occasions read chronological records detailing a particular goal or objective that was accomplished and how that process, from proposal to successful execution, is meticulously documented with records.  Detailed specificity with multiple levels of hierarchical processed signed requests, revisions, and ultimate approvals.  A process perhaps best exemplified in the cartoon of a paper processing bureaucrat who, when confronted with a blank piece of paper, instinctively dates, signs and forwards it through channels with robotic precision.   LOL

ANYWAY, historical records are important because in order to not repeat the failures of the past, you must understand the history of action leading to those failures.  The same applies to the positive side of the equation, in learning why some past activities were pleasingly successful.

The information I will be using to substantiate my opinions regarding our past and proposed District operations was obtained while on the Board of Directors and was purported to be copies of “official public records”.

formation file list

Specifically we will be looking at the above 16 PDF files documenting the 1980 “FORMATION OF DISTRICT”.

I’ll list them in an easier to read/print form:

ACCEPTANCE OF ASSIGNMENT

ADDENDUM NO 2 SALE OF SURPLUS

ADDENDUM TO AGREEMENT

AGREEMENT EXHIBIT B

APPLICATION OF SIERRA HIGHLANDS &

ASSIGNMENT OF AGREEMENT – SALE OF

CONDITIONAL NOVATION AGREEMENT

EXHIBIT B –MID POLICY

LEGAL DESCRIPTION OF BOUNDARIES

NOTICE OF ELECTION AUG 5, 1980 EXHIB

OATH OF OFFICE

RES 80-137 MARIPOSA CO.

RES 675-80 TUOLUMNE CO

SEPT 11, 1980 OFFICIAL SEAL

SEWER ZONE NO. 1 – 1M

STATEMENT OF VOTES CAST

Let’s start with the  “Application of Sierra Highlands Water Company for an Order Authorizing Sierra to Transfer and Assign its Property to Lake Don Pedro Community Services District” presented to the Public Utilities Commission of the State of California.

NOTE:  The copy of this specific document (provided by the LDPCSD in response to my information request) does not have an Application No. assigned on the cover sheet, is not dated or signed by the SIERRA HIGHLANDS president or Sierra’s attorneys.  The “Verification” page is also not dated or signed by the president of SIERRA HIGHLANDS.  [I imagine this was the copy prepared on the LDPCSD side prior to being sent to Sierra Highlands for their approval.  Why the final “all sides signed” PUC approved application is not in official public records is unknown and curious.  And it gets worse – or better, depending upon your moral/ethical compass and respect for accurate public records.

The PUC application is a good starting point because it references other documents that can be produced even if apparently incomplete as in this case.

OK, let’s link over to a page entitled DISTRICT FORMATION DOCUMENTS.  This is where we will start collecting and organizing the various documents of when our Lake Don Pedro Community Services District was formed.

Please understand this may take a little time to organize, print, scan, insert (and of course add my blah, blah, blah opinions!)  lol

My best to you and yours, Lew              HERE WE GO!  PLEASE USE LINK BELOW:

“FORMATION OF DISTRICT” Documents

Categories: Uncategorized.

WOULD YOU ALSO PERMIT THE THEFT/MISUSE OF YOUR BONES?

The concept of “water banking” popped into my head yesterday morning while showering.  Following the routine capture of “warm up water” in a five gallon bucket by means of the bath tub faucet, I turned on the shower and started another drought inspired ritual: the morning race to save time and water.  During the rinse segment of the morning’s competition I happened to catch a glimpse of sudsy water disappearing into the drain and for some reason flashed on Friday’s unbelievable amount of rain runoff washing down the hill – sure wish I could have captured and saved more for later use.

H2O BANKING?

Water banking, familiar with that?  The water regulator’s system of saving/withholding specific amounts of water in one location so as to permit the legal transfer and use in a different geographical area?   Ever hear, see or somehow experience something that suddenly made other related stuff make perfect sense?  In this case, “perfect cents”?  Lol This is hard to explain.  The “banking” of water is an excellent analogy to the banking in financial institutions with which we most often associate the term “banking”.  Just replace the word money with water.  Money management – water management.   Money deficit – water deficit (drought).   Money credit – water credits.  Money loss – water loss.

We all recognize the concept of money right?  You know, dollars, cash, folding stuff, coin, bucks, bones, bread, dough, jack, dead presidents, Benjamins, and many other slang expressions for our legal currency.

MONEY or  H2O ?

Seems at first like a simple matter of just substituting different units of measurement for a different concept of value, in this case, a natural resource.  Like other things of value in this world (which obviously includes life forms such as humans) natural resources are often exploited by some humans for the sake of monetary profit and/or power over others.  Unfortunately, when such exploitation is accomplished in violation of clear legal restrictions it usually also involves significant waste and complete defeat of the intended beneficial uses by those entitled to its use through regulation.   I believe this is true whether with money or water.

$$$ H2O

True a dollar may have a fluctuating market value and a gallon is a gallon.  It is a volume measurement that doesn’t actually change, however, doesn’t even a gallon of water also become “more valuable” during drought?  I realize nothing is a perfect representation of something else (otherwise there wouldn’t be two different things right?), but there are a lot of similarities between “BREAD” and “WATER”.   (That’s how we live and survive right?  Bread and water?  Lol)

Dollars in US currency.  US Gallons in water.   A single dollar, or a $5, $10, $20, $50, $100.  Hundreds, Thousands, Millions, Billions, Trillions of dollars in currency.  How about a bitter dose of reality this Sunday morning?  http://www.usdebtclock.org/

Water in US measurement: Gallon = .13 CF; CF or cubic foot = 7.48 gallons; CCF – Centum Cubic Foot (one hundred times 1 CCF) = 748 gallons; one acre foot = 43,560 CF = 325,861 gallons; one CF per second = 646,317 gallons per day, etc.

SIDE NOTE:  Ever cross a bridge over a river/stream and notice a structure or some equipment near the flowing water?  Water regulation begins with understanding how much water is actually flowing from a watershed.  Often automated river/stream gage stations report to an integrated system of water release and retention operations by dams and reservoirs that are controlled by government approved facilities.

Check out the Merced River flow the other night just before midnight: (this real time reporting will obviously change…but I was referring to the 2500 cfs flow which should be viewable for a while):   http://www.merced-river.com/merced-flows.htm

Here is some other material on this water flow measuring: http://water.usgs.gov/edu/measureflow.html

 

GOVERNMENT REGULATES MONEY AND WATER

State and Federal Government regulates monetary currency flow through a number of public and private financial institutions.   Banks and credit unions count, monitor, bank, transfer, and loan dollars.  They are also concerned with issues of fraud, money laundering, criminal usury, funding of terrorism, etc.

Water is regulated on the federal level by the US Department of the Interior, Bureau of Land Management, Fish and Wildlife, etc. while California organizations such as the Environmental Protection Agency, Department of Water Resources, and the State Water Resources Control Board, etc. regulate water on the state level.  From what I have read it seems like the State Water Resources Control Board, or the SWRCB, controls the “who, what, where, when and why” aspects of water use in the state.

This water regulation is an extremely complex subject especially with the numerous overlapping government jurisdictions and competing perspectives of maximum beneficial use under the California Constitution.

ANYWAY, it sure appears incorrect information was intentionally furnished, and later used by both the community services district and the respective counties of Tuolumne and Mariposa, to greatly expand the district service boundary through LAFCo annexations to the district.  This incorrect information was subsequently used by a variety of government agencies and departments for a host of  purposes including taxation.   This “district expansion” was based on LAFCo representations that even more service connections would be installed outside the clear legal boundary.  This was facilitated by actively concealing the fact Merced River water pumped under L11395 (MIDs license under which the district operates) COULD NOT be delivered to outside license permitted properties.

Revealing and understanding that fact would have been much more honest, accurate and probably would have prevented decades of unnecessary community turmoil.   (Who knows?  Maybe even our Administration Office would not have been destroyed by arson on February 27th, 2012?)  20120227_33

What are the most important aspects of this DISINGENUOUS FACADE OF A MASSIVE WATER EMPIRE IN THE MIDDLE OF DROUGHT PRONE SIERRA NEVADA FOOTHILLS to the Merced River water entitled 3,128 +/- legal customers in the Lake Don Pedro Owners Association?

  • All expansion must be supported with extremely expensive and traditionally unreliable ground water wells – (new wells advertised as emergency water source for existing customers)
  • The additional costs associated with this ground water substitution program have been, and are proposed to continue to be, paid for by the 99% of legal users, and
  • The District had/has no duty or obligation to provide an alternate source of water to properties outside the surface water treatment plant operating license.               SIERRA HIGHLANDS & LDP Subdivision

Such a decision to expand water service based on expensive and unreliable ground water wells to properties otherwise not entitled should have been based on an affirmative vote of every single property owner who had the legal right to Merced River water under L11395 and had paid money to this district for that right since 1980!

$

EVERY SINGLE PROPERTY OWNER – not just local residents.

The District was well aware of its service limitations from the very beginning of its existence in August of 1980.  The first directors on the board and “in charge of this brand new district” however, did not uniformly enforce regulations.  In all fairness, I cannot possibly imagine the horrible pressure placed on these directors to expand service to other nearby properties.

Many of these “outside permitted area” properties, if not all, were included in the expanded district service boundary based on repeated verbal assurances from an inherited General Manager of Sierra Highlands Water Company.

Check out the maps for yourself:

JUNE 15 1978 MID MAP SHOWS SIERRA HIGHLANDS WATER COMPANY BOUNDARIES

 

It should be noted that this GM was also a later employee of a multi-million dollar land development/mortgage corporation that was also aggressively pushing for additional service connections outside the MID POU in addition to other “special considerations” regarding water matters.  (Including refusal to pay substantial overdue water bills and negotiating reduced “settlements”).

Back to the dollar & water banking comparison – (Need to post and get outside to do some work!)

$$$$$$$$$$$$$

If a group of people who desperately wanted money constructed their own secret entry into a bank vault (with the assistance of a co-operative bank president)  would you as a legitimate customer of that bank consider that surreptitious vault entry (even if completely paid for by the group wanting more money) credible and/or sufficient evidence that the group seeking money was entitled to your bones?

$$$$$$$$$$$$$

 

My best to you and yours, Lew

[ie, Juxtaposing the district’s position that the physical presence of a service connection is evidence of a right to water service with an illegal tunnel into a bank vault not being evidence of a right to another person’s money.]
Categories: Uncategorized.