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--></style><title>Re: [Vision2020] Re: Earth Policy News - The Coming
Declin</title></head><body>
<div>Coming soon to the Palouse: peak water.</div>
<div><br></div>
<div>Mark S.</div>
<div>*******</div>
<div><font color="#000000">Naylor Farms wins appeal</font></div>
<div><font color="#000000"><br>
Latah County's action declared unconstitutional<br>
<br>
By Ryan Bentley Daily News staff writer<br>
Published: 05-13-2006<br>
<br>
A Nez Perce District Court judge has declared Latah County's
emergency law barring Naylor Farms from completing a mine violated
Idaho's constitution and Naylor Farms' rights.<br>
<br>
In his ruling on an appeal by Naylor Farms regarding the county's
actions, Judge Carl B. Kerrick on Thursday struck down the law that
blocked the company from exploring the development of a clay-based
pesticide. Kerrick ruled the Board of Commissioners stepped outside
its legal boundaries in order to create the law.<br>
<br>
The appeal was filed in Latah County District Court, but the board of
commissioners asked District Court Judge John Stegner to recuse
himself, citing a potential conflict of interest.<br>
<br>
Thursday's ruling is the latest chapter in a struggle between Naylor
Farms and the county that began early in 2002 when several Latah
County residents raised questions about the volume of water necessary
to operate the proposed clay mine and irrigated agriculture
project.<br>
<br>
The residents said they were worried the water needed to complete the
mine would add significant stress to the system. They cited long-term
studies showing a consistent decline over the years in the aquifer
systems serving the Palouse.<br>
<br>
Commissioners responded March 2, 2005, with an emergency law designed
to keep Naylor Farms from applying for the conditional use permit.
Regardless, Naylor Farms applied for the conditional use permit June
27.<br>
<br>
Kerrick said the decision to delegate water rights is the exclusive
responsibility of the state, thus Naylor Farms was denied due process.
He said that, based on the evidence, the Latah County law was designed
to control water access.<br>
<br>
The judge ruled that "the common rights of all shall be equally
protected and that no one shall be denied his proper use and benefit
of this (water) common necessity." He said he based his decision on
established precedent.<br>
<br>
Commissioner Paul Kimmell said Friday the board had not decided on an
official position.<br>
<br>
"We want to consider all options," he said. "We are obviously
disappointed. This is a time to regroup."<br>
<br>
Kimmell said commissioners will meet in executive session Monday and
expect to issue a response to the judge's ruling Monday
afternoon.<br>
<br>
Kerrick denied Naylor Farms' request for financial compensation. Tod
Geidl, Naylor's attorney, said that possibly is a non-issue.<br>
<br>
"My client feels vindicated over the ordinance," Geidl said.
"The next step is to see if the attorney fees will be awarded."<br>
<br>
The court's decision does not guarantee Naylor Farms will get the
water rights it seeks, but the company can apply for a conditional use
permit.<br>
<br>
Ryan Bentley can be reached at (208) 882-5561, ext. 237, or by e-mail
at rbentley@dnews.com.</font><br>
<font color="#000000"></font></div>
<div><br></div>
<div>At 6:51 AM -0700 5/13/06, Nils Peterson wrote:</div>
<blockquote type="cite" cite>On 5/12/06 12:44 PM, "tom trail>
wrote:<br>
<br>
> As it becomes clear that even a<br>
>> moderate cut in production may double world oil prices, the
long-term<br>
>> value of their oil will become much clearer.<br>
<br>
<br>
Elsewhere in the article it speculates the date for reaching the peak
oil<br>
production (and starting the decline) is late 2005, early 2006 or
maybe even<br>
as late at 2007.<br>
<br>
Wouldn't it be nice to have the distinction of having the last WalMart
Super<br>
Center built before they recognized that peak oil changed their
business<br>
model. When it became a dark stork, it would be a tourist
attraction<br>
bringing us great revenue (oh I forgot, tourism will change too).<br>
<br>
Can we talk about something happier, like "peak water" on
the Palouse,<br>
something that has not happened yet.</blockquote>
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