<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN">
<HTML><HEAD>
<META http-equiv=Content-Type content="text/html; charset=iso-8859-1">
<META content="MSHTML 6.00.6000.16809" name=GENERATOR>
<STYLE></STYLE>
</HEAD>
<BODY bgColor=#ffffff>
<DIV><FONT face=Arial size=2>There is no law that requires Moscow to sell water
or anything else to private or public entities outside of its
jurisdiction. </FONT></DIV>
<DIV><FONT face=Arial size=2>Denying water to a private business inside of
Moscow limits is illegal, but not if that business is in another
state.</FONT></DIV>
<DIV><FONT face=Arial size=2>BL</FONT></DIV>
<BLOCKQUOTE
style="PADDING-RIGHT: 0px; PADDING-LEFT: 5px; MARGIN-LEFT: 5px; BORDER-LEFT: #000000 2px solid; MARGIN-RIGHT: 0px">
<DIV style="FONT: 10pt arial">----- Original Message ----- </DIV>
<DIV
style="BACKGROUND: #e4e4e4; FONT: 10pt arial; font-color: black"><B>From:</B>
<A title=donovanjarnold2005@yahoo.com
href="mailto:donovanjarnold2005@yahoo.com">Donovan Arnold</A> </DIV>
<DIV style="FONT: 10pt arial"><B>To:</B> <A title=vision2020@moscow.com
href="mailto:vision2020@moscow.com">vision2020@moscow.com</A> ; <A
title=garrettmc@verizon.net
href="mailto:garrettmc@verizon.net">garrettmc@verizon.net</A> </DIV>
<DIV style="FONT: 10pt arial"><B>Sent:</B> Sunday, March 08, 2009 3:08
AM</DIV>
<DIV style="FONT: 10pt arial"><B>Subject:</B> Re: [Vision2020] Sell-Outs:
Senator Gary Schroeder and Moscow CityCouncilman Walter Steed</DIV>
<DIV><BR></DIV>
<TABLE cellSpacing=0 cellPadding=0 border=0>
<TBODY>
<TR>
<TD vAlign=top>Garrett,<BR><BR>I can say the Hawkins would get water
rights because Moscow has no basis to deny water. What possible LEGAL
reason could Moscow say or claim not to give water?<BR><BR>Your reasons
please?<BR><BR>That you don't want another mall, or don't believe in
free and fair competition isn't a legal reason. <BR><BR>A petition
doesn't mean anything. Can I write a petition for Moscow residents to
deny you water rights, just because I don't want another farm in Moscow,
or I THINK that your farm might use too much water and drain our limited
supply? Sorry, that would not hold up in court. <BR><BR>In court there
are two sides, the one with fairest and most logical side, is going to
win. Moscow has no defense whatsoever to deny a shopping center water.
<BR><BR>Best Regards,<BR><BR>Donovan<BR><BR>--- On <B>Sat, 3/7/09,
Garrett Clevenger <I><garrettmc@verizon.net></I></B> wrote:<BR>
<BLOCKQUOTE
style="PADDING-LEFT: 5px; MARGIN-LEFT: 5px; BORDER-LEFT: rgb(16,16,255) 2px solid">From:
Garrett <SPAN>Clevenger</SPAN>
<garrettmc@verizon.net><BR>Subject: Re: [Vision2020] Sell-Outs:
Senator Gary Schroeder and Moscow City Councilman Walter Steed<BR>To:
vision2020@moscow.com, donovanjarnold2005@yahoo.com<BR>Date: Saturday,
March 7, 2009, 9:14 PM<BR><BR><PRE>Donovan asks:<BR><BR>"You are aware that if Moscow refused to provide water across the state<BR>line, Moscow would be sued in Federal Court, would lose, and have to pay all the<BR>costs of the trial and provide the water for a much lower cost, right?"<BR><BR><BR>I'm not sure how Donovan is so certain of his opinion, but from what I<BR>know, before the city agreed to sell Hawkins any water, the process hadn't<BR>gotten to the point where the city was obligated to provide any water. The city<BR>had a petition to prevent Hawkins
from receiving water rights. The city gave up<BR>the attempt to block that when it signed the agreement. <BR><BR>It was IDWR's job to decide if the city could indeed sell Hawkins water.<BR>IDWR never had the hearings to decide that. Hawkins decided to drill for<BR>it's own water, not waiting for the city. We don't even know if Hawkins<BR>will find water and have enough for it's operation.<BR><BR>Why would Moscow have to provide any water to Hawkins, before or after the<BR>agreement? What gives Hawkins the right to Idaho's water? What federal law<BR>would they sue under, and why would they be so sure to win?<BR><BR>The agreement says that if Moscow doesn't provide them water, Hawkins will<BR>receive their water rights, and the city can NEVER try to stop that. It<BR>doesn't say the city is legally mandated to give Hawkins water because the<BR>city does not have the authority to guarantee that.<BR><BR>Under this new bill, S1002, that will change. If a city
agrees to sell water<BR>which will probably be an unlimited amount as there probably won't be a cap,<BR>they only can stop selling that water if Hawkins doesn't pay their bill. In<BR>other words, this new law makes it easier for Hawkins to sue if Moscow decides<BR>to stop selling them water!<BR><BR>We are not talking about neighbors in the same state. We are talking about an<BR>out of state entity. States fight for the right to maintain their water rights.<BR>They are not obligated to give them up to another state.<BR><BR>The feds had nothing to do with this. This is a state on state issue. Perhaps<BR>the feds may have intervened, but nobody knows that. They are more likely to<BR>intervene under the new law, though. <BR><BR>If Hawkins was willing to take Moscow to court to build its predatory<BR>development, then it shows to what ends they'll go to get their way. <BR><BR>Frankly, I trust our ability to shape our future by using the democratic<BR>chanel,
rather than appease mega-developers, to make sure we are not squandering<BR>a precious limited resource, despite the seemingly corrupted way our elected<BR>officials handled this situation.<BR><BR>Perhaps some people think its ok to have obvious conflicts of interest shape<BR>not only local policy, but state policy, but I think it all looks suspicious,<BR>from the GMA getting its agenda met by city officials right from the start, to<BR>the Idaho Water Users Assoc getting their way by having its director, who is<BR>also chair of the Idaho repubs, using his influence to get their way.<BR><BR>People are mostly self-interested, and if the public isn't willing to look<BR>at the bigger picture, and make sure people in power don't abuse their<BR>office, then, as history has shown, the rest of us get left in the dust.<BR><BR>There are too many unknowns for Donovan to have a definitive answer as he<BR>states above. Unless he has a magic ball, I could just as
easily say that<BR>Hawkins won't find enough water for its needs and therefore will be<BR>dependent on Moscow, who bent over backwards to make sure it gets it NO MATTER<BR>WHAT!<BR><BR>gclev<BR><BR>=======================================================<BR> List services made available by First Step Internet, <BR> serving the communities of the Palouse since 1994. <BR> http://www.fsr.net <BR> mailto:Vision2020@moscow.com<BR>=======================================================<BR></PRE></BLOCKQUOTE></TD></TR></TBODY></TABLE><BR>
<P>
<HR>
<P></P>=======================================================<BR> List
services made available by First Step Internet, <BR> serving the
communities of the Palouse since 1994.
<BR>
http://www.fsr.net
<BR>
mailto:Vision2020@moscow.com<BR>=======================================================</BLOCKQUOTE></BODY></HTML>