U. S. Corp of Engineers…oversee dry arroyo
Posted by Pete | Posted in News | Posted on 13-12-2012
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Per the Albuquerque Journal, Dec 13, 2012 by T. S. Last “Arroyo Cleanup Irks Federal Agency……..
Back up on New Mexico Highway 14 Peter Smith cleaned up an arroyo, removed debris and dead trees and dumped garbage, cleared out salt cedars and cleaned up the arroyo with his tractor and bush hog. Shortly thereafter he received a certified letter from the U. S. Army Corp of Engineers stating he was in violation of the Clean Water Act because of the clean up on about 150 yards of the arroyo. This was in June 2011. Mr. Smith stated he thought there was some mistake. But no, it was no mistake as the Corp was saying the Gallina Arroyo was “jurisdictional waters on your property” and was water of the United States. Further cleanup on this arroyo requires a permit and if they did not get said permit legal action would be taken. Guess what, the Smith’s beat them to the punch and took legal action against the Corp of Engineers. Jennifer Fry, attorney for the Smith’s says that “we are aiming to stop federal regulators from becoming national zoning board with unlimited control over land use”……You can read the complete article in todays Albuquerque Journal…..But I agree as this little arroyo is 25 miles or so from the Rio Grande and I don’t see how it could effect the Clean Water Act as except for a major rain or snow storm, it never has water….Wow, but why should we be surprised as these folks are here from the government and they “are here to help”…..Good luck Mr. Smith….Pete Hester



I went on the Albuquerque Journal website and read the article.I hope that Mr. Smith prevails on this one. I don’t know about the Corps of Engineers, but I’ve known for sometime that the Federal EPA has too much power. The Environmental Protection Act of 1970 was a good, and much needed, law; and the Agency which it established was a good agency to implement it; but the monstrocity of a bureaucracy that has developed at central headquarters in Washington and the regions and all the state agencies which exist to do the will of the EPA are too much. No private company or landowner can live, and breathe, and even exist on private lands utilizing natural resources because of immense over regulation. Necessary regulation is good as long as it is kept reasonable, and it does not affect private property rights. I suppose that the real problem that Mr. Smith has is his inability to satisfy all of the two-bit bureaucrats in the Corps of Engineers who have lost their reason for being, and there are lots of them in the Federal Government.
On a personal note, if Mr. Smith does not prevail, I don’t suppose that my Dad today could dam the creek that ran across his pasture in order to irrigate his corn crop because the creek does have water in it the year around, and it eventually drains into a national waterway–Coal Fire Creek and the Tennessee-Tombigbee Waterway–as he did twice in the Fifties. How can farmers be expected to feed an increasing world population of three billion and climbing with such idiocy in our government at all levels? With creeks dammed at will to irrigate thirsty crops, there is no telling how many snail darters and other natural varments that might face extinction while untold millions of people face starvation. In the meantime, our proberty rights are gone. The answer is the constant oversight for reasonableness in government.
Thanks for you comments, Errol, and yes over regulations abound.