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View Full Version : Land Trust Decision Will Give Rohnert Park Casino Federal Water "super-right"



Zeno Swijtink
05-28-2008, 10:24 PM
STC101
Stop the Casino 101 Coalition
Representing the People of Sonoma County & Marin County, California
https://www.stopthecasino101.com

LAND TRUST DECISION WILL GIVE ROHNERT PARK CASINO FEDERAL WATER "SUPER-RIGHT"

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May 21, 2008

LAND TRUST DECISION WILL GIVE ROHNERT PARK CASINO FEDERAL WATER "SUPER-RIGHT"
Trust decision poses grave threat to Sonoma and Marin County water supplies

SONOMA COUNTY, CA: The federal government’s recent decision to take land into trust for the Rohnert Park casino will give the Federated Indians of Graton Rancheria (FIGR) the ability to assert a federal water “super-right” that will threaten the water supplies of local cities and area residents.

Native American tribes are entitled to “super-rights” over water supplies affecting their reservations. They are allowed under current law, as much water as is necessary for “the original intention of the reservation”, in this case, a 760,000 square foot casino with a 12 story hotel tower.

The FIGR’s plans to assert their federal water right shocked members of the Sonoma County Water Coalition, a consortium of Sonoma County water interest groups with over 20,000 members. Bob Rawson, who is a member of the Friends of the FIGR, addressed the coalition February 27, 2008, to present information from the FIGR on water issues, and take back the coalition’s concerns to the FIGR.

Rawson stated that the FIGR intended to assert its federal water right when the casino site was taken into trust, and would not hesitate to exercise it’s “super water right”; the FIGR would simply commandeer water rights from existing stakeholders.

He was adamant that anyone who tried to stop the project on the basis of the lack of water would simply be trumped by the superior rights the tribe enjoys. In a follow-up email to Water Coalition members, Rawson actually referred to this federal water right as the FIGR‘s “trump card”.

Once the FIGR asserts its federal water right, all the cities and the county will be drawn into a protracted legal process that will impact its water supply. The courts or the mediators will decide who is allowed to pump from the groundwater basin and how much annually can be pumped, and tribal water rights are given precedence over all others under a 1908 Supreme Court ruling.

The casino’s environmental impact study has been underway since March of 2004. In light of Mr. Rawson’s remarks, the recent decision to take the casino site into trust before the release of the final Environmental Impact Study (EIS) and the approval of the FIGR’s contract management with Station Casinos, makes sense from the perspective of the casino developers. It will allow the FIGR to assert its federal water right in advance of the release of the EIS, thus making the water element in the EIS easy: the casino will be able to take as much water as it wants.

“East Bay MUD has already instituted water rationing, and the water situation at North Bay reservoirs is shaky because of the need to release water for salmon migrations, “ said Pastor Chip Worthington of Stop the Casino 101 Coalition. “A federal water right means that Sonoma and Marin residents may not be able to take showers or flush their toilets, all for the benefit of selfish Las Vegas interests who want to make money off our misery. “

“And of course“, he added, “We‘ll all be asked to conserve water - all but the casino, which won‘t be subject to state or local regulations.”

The aquifer that would serve the casino is severely over-pumped, and as a result, the casino site and the surrounding area is sinking at the rate of ½ inch per year. More over-pumping could result in the collapse of the aquifer (see below).

Shortly after the February meeting of the Sonoma Water Coalition, Assistant Secretary-BIA Carl Artman was in the Bay Area. It was Artman who, on April 18, approved both the FIGR’s trust application and one of Station Casinos other tribal casino projects, the Mechoopda, in Chino.

Sandy
06-01-2008, 07:24 PM
The Feb 2008 National Geographic has an article, "The Drying of the West". The last century was a fluke for water. The Western states went from 4.million people in 1900 to 69.million in 2006. The water that encouraged the growth is going away. The next century is projected to go back to it's drought condition. We already know that. Maybe we'll have to use the bathroom at the casino one more time before we head for wetter climes.


STC101
Stop the Casino 101 Coalition
Representing the People of Sonoma County & Marin County, California
https://www.stopthecasino101.com

LAND TRUST DECISION WILL GIVE ROHNERT PARK CASINO FEDERAL WATER "SUPER-RIGHT"...

Zeno Swijtink
06-01-2008, 07:51 PM
The Feb 2008 National Geographic has an article, "The Drying of the West". The last century was a fluke for water. The Western states went from 4.million people in 1900 to 69.million in 2006. The water that encouraged the growth is going away. The next century is projected to go back to it's drought condition. We already know that. Maybe we'll have to use the bathroom at the casino one more time before we head for wetter climes.

https://farm1.static.flickr.com/142/404086640_5cd8cd239e.jpg

This is a public bathroom at the Wynn hotel and casino in Las Vegas. Not a bad place for you last pee!

lynn
07-20-2008, 11:06 PM
I really want to see this casino plan....die, die, die...

Arid, desert areas have always had 'water issues'...Duhhhh!...People have been very stupid ignoring this reality...

Sure wish I didn't hate cold climates...N. Dakota is a cheaper place to live too...

Dynamique
07-24-2008, 11:57 PM
It warms my heart to read this. If you have not done so already, you can help make that a reality by writing a letter to the editor to that effect and sending a copy to the following:

Sonoma County Board of Supervisors (contact info available on sonoma-county.org)
Rep. L. Woolsey: https://woolsey.house.gov/contactemailform.asp
Santa Rosa Press-Fascist: [email protected]
RP Community Voice: https://www.thecommunityvoice.com/
North Bay Bohemian: [email protected]


I really want to see this casino plan....die, die, die...

Arid, desert areas have always had 'water issues'...Duhhhh!...People have been very stupid ignoring this reality...

Sure wish I didn't hate cold climates...N. Dakota is a cheaper place to live too...

typewriter
07-26-2008, 11:58 AM
Thanks for those suggestions!

I am confused why this is being framed as a "decision" of the land trust. This is a federal law, not something that was negotiated upon or perpetuated by any land trust activities.

The actions of the land trust are to prohibit the casino. Without efforts to buy out the property and put an easement on it, the public would be faced with the exact casino people are railing about, water or no water.

The way this "article" would have the public thinking is that the water super-right is due to and a result of land trust provisions.


It warms my heart to read this. If you have not done so already, you can help make that a reality by writing a letter to the editor to that effect and sending a copy to the following:

Sonoma County Board of Supervisors (contact info available on sonoma-county.org)
Rep. L. Woolsey: https://woolsey.house.gov/contactemailform.asp
Santa Rosa Press-Fascist: [email protected]
RP Community Voice: https://www.thecommunityvoice.com/
North Bay Bohemian: [email protected]