WATER THEFT VICTIMS

Flooding Sylvester Farm - Friday the 13th of September 2013 Though drafted 6 years ago, the following Demand Notice was never sent.  On Friday the 13th of September- 2013, property owners suffered severe flood  damage; more so at the hands of man - than God.  Over the past 6 years, we've repeatedly urged Colorado legislators to so order State  Water Engineers to administer water in prior appropriation.  In other words, all we ask is that "preexisting law" be enforced!  They refuse.  That's correct.  Colorado's Governor Hickenlooper and General Assembly refuse to enforce water law.  The devaluation of property grows so rapidly, projections claim that within 3 years some won't be worth anything.  Water thieves are stealing water...severely damaging and devaluing property...and  getting away with it.  Colorado's State Attorney General takes an oath to "uphold the United States and Colorado  Constitutions." Water Law is included in the Colorado Constitution. AG should demand it be  enforced!  Many of the water thieves are on record.  Would you like their names made public?  Looks like that may be the only retribution Water Theft Victims will ever get...

_______________________________________________________________________ DEMAND NOTICE TO REMOVE PROPERTY

To: State of Colorado 136 State Capitol Denver, CO Attention: Governor Hickenlooper Reference: Prior Appropriations doctrine                                                                  February 8, 2012

__________________________________the undersigned, also known as Private Property Owner  (hereafter referred as Owner) is a  landowner with properties (hereafter referred as Property)  located in the Township______________ in the County of _______ near _________________ in  the state Colorado. It has been brought to my attention that the *State of Colorado as Water appropriator or owner  (hereafter referred as State), has allegedly included Property - through voiced intentions, public  media, prospectuses and certain other papers- for proposed uses (hereafter referred as Plans)  including proposals that allow Water, by diversion or other artificial means, to *non-historically  surface and run on Property. Owner has never given State, or any other party, permission to include Property in Plans. By  allowing Water to non-historically surface and run on Property, State has created a non-historic  event that is needlessly disturbing and encumbering Owner from rightful usage of Property.   This man-made (agency or court) decision is destroying Property via Water State declares I  may remove; but at my own cost and without cost offset of selling, storing or putting to beneficial  use (includes irrigation). In addition to real damage to Property, this Act by Agency (not an act of God) has resulted in  devaluating Property, clouding its deed, and violating Owners private property rights. Because the Undersigned is not employed by State, had no knowledge of Plans, did not give  permission to State or any other party to be included in Plans, State’s Water is destroying  Property, I  hereby demand State: a) Erase and delete any past referencing of Property in Plans. b) Must receive written permission from Owner before referencing Property in future Plans. c) Hold Owner harmless and totally exempt from any liabilities whatsoever that may result from  any representation whatsoever State may have made to any persons as pertains to Plans. d) Physically remove/drain Water from Property posthaste; Spring and its subsequent melt off  are sure to accelerate this non-historic surface flooding. In keeping with our Colorado State and United States Constitutional rights to acquire, possess,  enjoy and protect Property, we hereby demand State provide Owner a signed outline before  February 18, 2012, that spells out State’s commitment to remove/drain Water and complete  reclamation of Property, and at no cost to Owner. Should State not meet the February 18, 2012 deadline, I will initiate a “Lien placement on State’s  Water” on February 25, 2012.  Lien will not be released until 15 days after such time State has  drained and completed reclamation of Property to my approval.   As may be appropriate and provided by law, should State’s non-compliance result in Owner’s  action to remove Water, Owner will  charge State any and all associated costs – including  legal fees, court costs, accrued administrative fees, gasoline, and labor costs at the rate of $55.00  per hour. Out of courtesy to State, Owner does intend to help offset costs to State, by utilizing  Water through storage and possible sale to entities in need of water. Owner promises to keep  and submit accurate accounting's in billings to State. As Owner of Property, I  want to make it clear that exercising my  right to assess possible future  fees does not waive my  right to collect any accrued past fees Constitutionally defined as  compensable. _____________________________________________________________________________________________________ Signed                                                                                                                                                              Date __________________________________________________________________________________________________ Signed                                                                                                                                                               Date *State’s declaration one cannot sell water to other water users,  or put to beneficial use (includes irrigation) State recognizes  State as water appropriator/owner. * Hydrological engineer and lifetime resident analysis confirm   surface flooding as a non-historic Act by an Agency…not an  act of God. Notary Seal Cc: ____________County Commissioners, Legislative delegation, State Water Engineer, Colorado Attorney General...