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Stealing Our Water One Lawsuit at a Time - The Hirst Heist and Our Diminishing Legislature

By Glen Morgan and Cindy Alia

On October 6, 2016,  Futurewise, with the assistance of six Washington State Supreme Court Justices, managed to win the lawsuit lottery.  The Supreme Court ruled in Hirst v. W. Washington Growth Management Hearings Board (decision linked here) on a 6-3 vote in favor of Futurewise and against the people.  This ruling invented new land use rules approved by no legislature or elected official.  This litigious and aggressive environmental NGO funded by wealthy Seattle donors was able to end the historic private well exemption.  

CAPR Thanks Members For a Great Banquet!

CAPR thanks it members for a great banquet 2017! We enjoyed getting together with many of our fine members to catch up on news, friendships, and the joy of seeing one another again. We all enjoyed networking with one another, learning about strategies, ideas, and discussing great ways to continue working together. Our workshop presenters provided excellent insight into current events and battles, sharing experience and expertise we all value!

Will SB 5239 Be Enough of a Fix to the Hirst Decision?

5239 is most likely going to be heard in the house before the March 29 deadline to hear bills in the opposite house.  Those who understand the devastating loss of property and water rights, loss of the use of their land, and extreme devaluation, often up to 90% of their value, for thousands of families of many counties are working to improve this bill.  Those who do not understand this kind of loss are likewise involved.  The Hirst decision has also impacted counties and the state in terms of loss of productivity and commerce in their communities along with a drop in tax revenue.

Nuisance or Normal...Is Marijuana ready for Agricultural Status?

 House bill 1692 would allow for marijuana grow operations the status of agricultural activities, this would include the growing and production including products of grow operations the legal protections of any other farm production.  The argument for this status is framed as a property right.  The problem with that argument is that agricultural status recognizes special needs of the property rights of agricultural activities in terms of methods and means of agriculture and not simply on the basis an agricultural product is something that is grown.  Agricultural business is protected from the use of nuisance law if the operation is consistent with good practices and was established prior to surrounding non-agricultural uses unless the activity constitutes a substantial adverse effect on public health and safety.  Tradit

Is There a Legislative Cure for Hirst?

We remain resolved and determined to push forward bills to cure the attacks on water rights foisted upon the citizens of Washington State by an out of control environmental cartel.  Although the best bills have been stalled in their progress through our legislature, we will continue the fight through this session and into future sessions to restore exempt well rights in response to the supreme court decision commonly known as the Hirst decision...

Water Rights Where Do We Stand with Hirst?

The State Legislature has proposed several bills to correct the wrongs done by the Hirst Decision of the state supreme court.  CAPR is watching the process of the bills in the legislature and we provide an overview of these bills.  Review the bills and be sure to call your legislators to let them know your opinions of the bills and how important correcting the Hirst Decision, water and property rights are to you! 

The legislative hotline is 800 562 6000.  

Response to Hirst Ruling

Our mission is to maintain respect for our constitutionally guaranteed civil liberties on property, and to achieve restoration where already damaged, mainly by over-regulation at all levels of government. To this end, we are working for a system of rules on property that is reasonable, clear, without conflicts among regulations, and actually accomplishes their necessary legitimate public purposes, including reasonable levels of protection of resources and environmental quality, including genuine fish habitat. 

CAPR Lobbies for Property Rights!

CAPR Lobbyist Cindy Alia is looking forward to working the halls and offices in Olympia this 2020 Session to bring recognition of and respect for property rights to legislators.  CAPR has been busy this interim lobbying state agencies and working as a stakeholder doing all that could be done to prevail on the agency to repect the privacy of and property of private property owners in State Department of Health meetings for rulemaking about Onsite Septic Systems, CAPR's property rights lobbyist is pushing back on rules that may harm the use of properties and standing up for property owners' rights to privacy, ownership and responsibility for OSS.

 

Consider the work and success of CAPR as you give this year! You can help!

As CAPR enters our 14th year, we are reflecting on our many recent successes in our efforts to identify, educate, train, and mobilize property rights advocates, and to restore and defend property rights. Our ongoing efforts and successes in 2016 encourage us to keep working for the rights of all! Please help CAPR in this fight for freedom!

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