Demanding Accountability
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Oregon Grange
Oppose the passage of the Oregon State Legislative Assembly House Bills 2564 and 2566 pertaining to ground water usageWhereas: The Oregon State Water Resources Department was established in the year of 1909, and is authorized by the Water Act, ORS 537.010. By law, all surface and groundwater in Oregon belongs to the public. It is the job of the Water Resources Department (WRD) to manage Oregon’s public water to ensure a sufficient supply to sustain its growing economy, quality of life and natural heritage. That means preserving an equitable balance between public and private uses of water.
Whereas: ORS 537.515, Subsection 5, states that ground water is any water found below the surface of the ground.
Whereas: H.B. 2564 states that all ground water users will have too install water measurement devices on their water wells and report water use to the Water Resources Department in the manner described in rules adopted by the Water Resources Commission. The effective date of this act takes place on its passage for all new water well applicants. For all existing residents, the effective date starts January 1, 2012.
Whereas: H.B. 2566 limits the amount of ground water that can be used for stock watering, gardens, lawns, grounds, fields, etc.
Whereas: These laws pertaining to ground water violate our unalienable right of property endowed to us by our Creator. Property consists of land and personal items. Real property, or real estate, covers the rights to surface, water, minerals, oil, gas, etc. Infringement on these rights is usurpation by a repressive government, who wants total control of the people.
Whereas: Oregon became a state in the year of 1859, and for a total of 50 years, the Oregon legislators did not pass laws pertaining to well water etc., because they knew they didn’t have the right to do so. High Supreme Court ruling “Davidson vs New Orleans,” 96 U.S. 104 (1877) states, “There are certain fundamental rights which our system of jurisprudence has always recognized, which not even the legislature can disregard, in proceedings which a person is deprived of life, liberty or property.”
Whereas: Since the Law of the Land, or that which is to be Due Process of Law, refers to the ancients established principals of law, the constitutional provision cannot and does not mean statutes or ordinances enacted by current legislative bodies. Citizens cannot be deprived of their liberty or property by legislative acts which are not pursuant to the law of the land. Thus, acts of the legislature by themselves do not constitute the law of the land or due process of law. This is one of the single most important principles of American jurisprudence.
A legislative act dealing with the rights of citizens is thus limited in two respects: 1) It must find authority in the Constitution, and 2) It must be consistent with established constitutional limitations as established in early America, or as found in the common law and ancient procedures of justice. In other words, the act must conform to the “law of the land” which is the final determination in what is due process of law.
Legislative action has proven to be the most misused and dangerous power in the deprivation of private rights of liberty and property. History has shown that legislation is guided more by human passion and desire than by fundamental law. (Ref. Charles A. Weisman “Life, Liberty & Property,” 1994, pages 87 and 104)
Whereas: Legislative power has been used to create boards, commissions, agencies, bureaus, departments and services, which is now known as a government by commission. This has destroyed most of the people’s self government. These bureaucrats are not nominated by the people, nor elected by the people, nor subject to control of the people.
Whereas: Property rights were so closely tied to the American Revolution that they have been referred to as sacred, and the basis of all liberty. We must remember when a legislative socialistic act becomes law, it brings about a system of communism, when police power is used to enforce such an act on the people.
Therefore be it resolved: That the Oregon State Grange opposes the passage of H.B. 2564 and H.B. 2566, of the 2007 Oregon State Legislature Session. We are requesting that the Oregon State Legislature amend ORS 537.010, and all other related Oregon revised Statutes, to reflect that below-surface ground water belongs to the people who own the land.
This resolution was adopted by the Deer Creek Grange #371 at its regular meeting held on May 14, 2007.
This resolution was adopted by the Oregon State Grange at its 134th Annual Session held at Jefferson, Oregon, week of June 17-22, 2007.
William D. Waggoner, Master
1920 Thompson Creek Rd.
Selma, OR 97538Delaine Sherman, Secretary
P.O. Box 871
Selma, OR 97538
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