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  • Category Archives A Case of Nuts and Boldt’s
  • Violating Private Property Rights

    THERE’S NO CONSTITUTIONAL RIGHT TO TRESPASS ON PRIVATE LANDS.

    Federal judge dismisses challenge to Wyoming trespassing law

    “The ends, no matter how critical or important to a public concern, do not justify the means, violating private property rights,” U.S. District Judge Scott Skavdahl wrote….

    By BEN NEARY Associated Press Updated Jul 7, 2016

    CHEYENNE — A federal judge has dismissed a lawsuit from groups that challenged Wyoming laws prohibiting trespassing on private lands to collect data.

    Groups including the Western Watersheds Project, the Natural Resources Defense Council and the National Press Photographers Association sued Wyoming last year.

    The groups claimed state laws prohibiting trespassing to collect data were unconstitutional. The groups said the laws, which allowed both civil penalties and criminal prosecution, would block people from informing government regulators about such things as violations of water quality rules and illegal treatment of animals.

    U.S. District Judge Scott Skavdahl of Casper dismissed the groups’ lawsuit Wednesday, ruling there’s no constitutional right to trespass on private lands.

    “The ends, no matter how critical or important to a public concern, do not justify the means, violating private property rights,” Skavdahl wrote.

    Skavdahl last winter expressed concerns about earlier versions of the laws, which the Wyoming Legislature had passed early last year. The earlier versions sought to prohibit collection of data on “open lands,” a term Skavdahl said could be stretched to cover more than just private property.

    In response to Skavdahl’s criticism, the Wyoming Legislature earlier this year revised the laws to specify they only applied to trespassing to collect data on private lands.

    Gov. Matt Mead on Thursday said he was pleased with Skavdahl’s dismissal of the groups’ lawsuit.

    “There has been a lot of misinformation about the intent of this law,” Mead said. “The judge’s ruling affirms that the issue at the heart of the matter is preserving private property rights — a fundamental right in our country.”

    David Muraskin, a lawyer representing Western Watersheds and the National Press Photographers Association, said Thursday that his clients are disappointed with Skavdahl’s ruling and are considering whether to appeal.

    Federal judge dismisses challenge to Wyoming trespassing law

    trib.com/…/federaljudgedismisseschallenge-to-wyomingtrespa

    Casper Star‑Tribune 2 days ago – CHEYENNE, Wyo. (AP) — A federal judge has dismissed a lawsuit challenging Wyoming laws that prohibit trespassing on private lands to

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    FEB 18, 2013

    WDFW Constitutional Trespass?

    WDFW TRESPASS ON PRIVATE PROPERTY

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    OCT 21, 2014

    Behind My Back | Presumed to be Constitutional?

    www.behindmyback.org/2014/10/21/presumed-to-be-constitutional/

    Oct 21, 2014 – This is the PRESUMED law of the LAND in WA STATE. Goggle it for … This is PRESUMED TO BE CONSTITUTIONAL BY THE AG. You live in …

    Presumed to be Constitutional?

    This is WA State Law RCW 77.12.154

    These “STATE  EMPLOYEES” may enter upon “ANY LAND” or waters and remain there while performing their duties without liability for trespass.

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    The US Government has taken the position that they can do anything that they want, where ever they want whenever they want. Remember the Olympic Peninsula Electronic Warfare Project? And, they got away with it until “We the People” demanded Due Process.

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    Who Knew? About this is WA State Law RCW 77.12.154

    It took me two months, with the help of an attorney,  to find this  WA State Law, it was buried under the  “Right of entry”  Aircraft operated by department.

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    When I told people about the law, they wouldn’t believe me. They said

    They can’t do that on my “PRIVATE PROPERTY” without my permission, without probable cause, without a search warrant.

     —————————————————————————————–

     You want to bet the government can’t do it on your private property?

    I have the documentation of hundreds of these incidences.

    In fact it is documented that FROM APRIL 21, 2010   TO FEB. 5, 2011 WDFW did knowingly trespass on every piece of private property AROUND LAKE SUTHERLAND, And on every piece of private property from Lake Sutherland down and on both sides of Indian Creek to the Elwha River.

     Indeed, They have been doing it and they are going to keep doing it, and keep doing  it until “We the People” demanded Constitutional Due Process.

    “The two enemies of the people are criminals and government, so let us tie the second down with the chains of the Constitution so the second will not become the legalized version of the first.”

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    This is the PRESUMED law of the LAND in WA STATE.
    Goggle it for yourself…
    CHAPTER 77.12 RCW POWERS AND DUTIES

     THE 2011 Response from WA State Attorney General’s office
    ANY RCW, LAW PASSED BY WA STATE LEGISLATORS IS PRESUMED TO BE CONSTITUTIONAL

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    THINK ABOUT THIS?

    When They Came In WA. State

    This is  PRESUMED TO BE CONSTITUTIONAL BY THE AG

    You live in an isolated area…. on 20 acres of private property…you are home alone…. you are a senior citizen… your husband is gone….you look out your kitchen window…… there is a strange man walking around in your back yard…. he has walked several blocks into your private property, on your private road…
    With your husband gone…. what should you do?

    IT HAPPENED TO MY (removed for privacy)   WHAT DID SHE DO?

    SHE OWNS A GUN…

    She went outside and confronted the TRESPASSER. “This is private property” “What are you doing here?”

    The strangers response (he did not identify himself) was “I just wanted to see where this stream came from.”

    She told him, “This is private property” and asked him to get off of her land.

    So if you see some unknown guy, anytime, anywhere, A TOTAL stranger wandering around and trespassing IN YOUR BACKYARD, on your private property?

    Without your permission, without probable cause and without a search warrant?

    WHAT WILL YOU DO?

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    THIS IS PRESUMED TO BE CONSTITUTIONAL?

    WA STATE EMPLOYEES? that do not wear a uniform? do not identify themselves? use your private road for access,  go sniffing  around in their official capacity, inspecting your 20 acres of private property, and  invading your privacy  in your own  back yard?

    This is the PRESUMED law of the land in WA STATE? AND AMERICA?

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    PRESUMED TO BE CONSTITUTIONAL?

    RCW 77.12.154
    Right of entry
    — Aircraft operated by department.
    The director, fish and wildlife officers, ex officio fish and wildlife officers, and department employees may enter upon ANY LAND or waters and remain there while performing their duties without liability for trespass.

    It is lawful for aircraft operated by the department to land and take off from the beaches or waters of the state.
    [1998 c 190 § 71; 1983 1st ex.s. c 46 § 19; 1955 c 12 § 75.08.160. Prior: 1949 c 112 § 13; Rem. Supp. 1949 § 5780-212. Formerly RCW 75.08.160.]
    —————————————————————————————-
    WA State law RCW77.12.154
    WDFW employees may enter upon ANY LAND or waters and remain there while performing their duties without liability for trespass.

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    THE 2011 Response from WA State Attorney General’s office
    ANY RCW LAW PASSED BY WA STATE LEGISLATORS IS PRESUMED TO BE CONSTITUTIONAL

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    And, When THEY Came  to Clallam County In WA State.

    This is the documented chronological order of the CLALLAM COUNTY TRESPASS

    PART (1)  FROM APRIL 21, 2010   TO FEB. 5, 2011 AND WHAT I DID

    DOCUMENT… DOCUMENT… DOCUMENT…

    In fact documented, in 2010, WDFW did trespass on every piece of property AROUND LAKE SUTHERLAND, And on every piece of private property from Lake Sutherland down and on both sides of Indian Creek to the Elwha River
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    Sent: Saturday, February 05, 2011 6:38 PM
    Subject: UPDATE ON CRIMINAL TRESPASS CHARGES

    I have the following as evidence of, under Washington State RCW criminal trespass by the Dept. of fisheries and the Dept. of Transportation,

    1. A phone call on 4/21/10 from John Marrs at Lake Sutherland, asking me about the two trespassers on the Rains Sr. Trust land.
    When they were asked, who they were, they identified themselves as DFW employees. (My journals have been kept since 1999 and are admissible in court).

    2. A copy of my email date 4/21/10 to Penny Warren at the DFW regarding the trespassers.

    3. Penny Warrens DFW return e-mail to me regarding the trespassers on Rains Sr. Trust land dated 4/21/10, indicating that they were DFW employees, under contract by the DOT. She gave me the phone number for Dave Collins.

    4. A documented phone message left for Dave Collins WSDOT on 4/21/10 requesting that he call me.(my journals)

    5. A documented phone call from on 4/23/10 from Dave Collins WSDOT admitting that, (My journals) THE WSDOT WAS INSPECTING THE CULVERTS ON HIGHWAY 101 FOR FISH PASSAGE

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    10/20/14 Added for clarification

     RCW 77.12.755

    Ranked inventory of fish passage barriers.

    In coordination with the department of natural resources and lead entity groups, the department

    MUST ESTABLISH A RANKED INVENTORY OF FISH PASSAGE BARRIERS ON LAND OWNED BY SMALL FOREST LANDOWNERS

    based on the principle of fixing the worst first within a watershed consistent with the fish passage priorities of the forest and fish report.

    THE DEPARTMENT SHALL FIRST GATHER AND SYNTHESIZE ALL AVAILABLE EXISTING INFORMATION ABOUT THE LOCATIONS AND IMPACTS OF FISH PASSAGE BARRIERS IN WASHINGTON.

    This information must include, but not be limited to, the most recently available limiting factors analysis conducted pursuant to RCW 77.85.060(2), the stock status information contained in the department of fish and wildlife salmonid stock inventory (SASSI), the salmon and steelhead habitat inventory and assessment project (SSHIAP), and any comparable science-based assessment when available.

    The inventory of fish passage barriers must be kept current and at a minimum be updated by the beginning of each calendar year.

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    My comment UNDER THE INTERAGENCY CONTRACT BETWEEN WSDOT AND WDFW, WDFW WAS CONTRACTED TO REPEAT THESE TRESPASSES EVERY YEAR FOR 10 YEARS.

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    NOTHING IN THIS SECTION GRANTS THE DEPARTMENT OR OTHERS ADDITIONAL RIGHT OF ENTRY ONTO PRIVATE PROPERTY.

    [2003 c 311 § 10.]

    Notes:Findings — Effective date — 2003 c 311: See notes following RCW

    Active Interagency Agreements – Washington Department of …

    wdfw.wa.gov/…/contracts/i

    Washington Department of Fish and Wildlife

    Jun 1, 2014 – 14-1109. 2014 WDFW-Quileute MOU Forage Fish … 10-1040.

    Anadromous Fish Agreement & Habitat Conservation Plan …

    Beaver Creek Intake Passage & Screening Construction …..

    Data Sharing Agreement Between DOL & DFW ….. MOA w/WSDOT

    on Hydraulic Projects, Fish Passage, CED Program.  

    Continuing, the call on 4/23/10 from Dave Collins WSDOT admitting that,

    yes, they were DFW employees,
    yes, they were doing the mapping under contract to the DOT,
    yes, they were mapping our unnamed stream/tributary into Lake Sutherland.
    yes, they had put a biodegradable white tape in our stream,
    yes, they had taken water samples….

    When I asked Dave Collins WSDOT why as Trustee of the Rains Sr. Trust I had not been contacted for permission?

    Why DFW was not required to notify and get permission like Skagit County?

    His response was, “Well, we can’t just contact/notify every little land owner”.

    I informed him that on 4/21/10 DFW was trespassing on 291 acres of Rains Sr. Trust land.

    Read the full text on behind my back.org.

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    The bottom line…

    THERE’S NO CONSTITUTIONAL RIGHT TO TRESPASS ON PRIVATE LANDS.

    “The ends, no matter how critical or important to a public concern, do not justify the means, violating private property rights,” U.S. District Judge Scott Skavdahl wrote….

    By BEN NEARY Associated Press Updated Jul 7, 2016


  • The Importance of Federal Water Control?

    Contact: Rosemarie Calabro Tully
    rct@energy.senate.gov
    (202) 224-7556

    Dear Rosemarie,

    I just called your office, left a message and now as instructed, I am emailing you.

    Re: Senator Cantwell Releases a Bold Vision for Water in the 21st Century

    THE IMPORTANCE OF FEDERAL WATER CONTROL

    Congress is one  way  Executive Order  is another a presidential memorandum to institutionalize the National Drought Resilience Partnership (NDRP)

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    Feb 5, 2013 WA STATE HAD THINGS UNDER CONTROL.

    6 (3) The provisions of this chapter apply only to waters of the
    7 Yakima river basin.

    It appears that the WA State Legislators can change WA State DOE Water Rules with a House Bill 1414 ?

    Behind My Back | Water Rules Not Etched In Stone

    www.behindmyback.org/2013/02/05/water-rules-not-etched-in-stone/

    Feb 5, 2013 – ARE WA STATE WATER RULES ETCHED IN STONE? PERHAPS NOT… 6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF … WASHINGTON:
    7 Sec. 1. RCW 90.38.005 and 1989 c 429 s 1 are each amended to read
    8 as follows:
    9 (1) The legislature finds that:

    It appears that the WA State Legislators can change WA State DOE Water Rules with a House Bill 1414 ?
    36 to satisfy both existing rights, and other presently unmet as well as
    37 future needs of the basin;

    6 (3) The provisions of this chapter apply only to waters of the
    7 Yakima river basin.

    What do we need in Clallam County to change the Dungeness Water Rule?
    Elected officials that represent us, Van De Wege, Senator Hargrove and Tharinger, to do their job and propose legislation
    36 to satisfy both existing rights, and other presently unmet as well as
    37 future needs of the basin;

    What do they need in Skagit County to change the Skagit River Water Rule?
    Elected officials that represent them, do their job and propose legislation
    36 to satisfy both existing rights, and other presently unmet as well as
    37 future needs of the basin;

    Feb 5, 2013 WA STATE HAD THINGS UNDER CONTROL.

    GOD FORBID THAT THE FEDERAL GOVERNMENT ALLOW ANYTHING BE UNDER STATE CONTROL

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    WOW in 2015? Last year, Sen. Cantwell introduced the Yakima Basin bill

    THE IMPORTANCE OF FEDERAL WATER CONTROL

    Senator Cantwell Releases a Bold Vision for Water in the 21st Century

    DOUBLE WOW 2016, Sen. Cantwell said. “The Yakima water bill is a national model for watershed management. The federal government has a responsibility to act now to support these efforts.”

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    Indeed, step by step, one way or another, from WOTUS to Wetland Delineation, to Cantwell.

    First the Feds TAKE all of our water using WOTUS

    WOTUS “Water Runs Down Hill”

    Posted on September 4, 2015 8:52 am by Pearl Rains Hewett Comment

    WOTUS Water Runs Down Hill
    So, the LAW OF GRAVITY becomes the EPA WOTUS WATER LAW OF THE LAND?

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    I DON’T NEED AN APPLE TO FALL ON MY HEAD TO UNDERSTAND THE GRAVITY OF WATERS OF THE UNITED STATES (WOTUS)

    Last year the administration wrote new definitions that would have subjected all waters (running down hill) within 4,000 feet of a navigable water to EPA review and control.

    Behind My Back | Congress Must Act on Water Issues

    www.behindmyback.org/2015/12/04/congressmustact-on-water-issues/

    Dec 4, 2015 – Congress Must Act on Water Issues May 24, 2014 It takes an act of the U.S. … www.behindmyback.org/2015/02/01/high–dry-and-destitute/.

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    WA State Reform on Wetland Delineation?

    Posted on February 11, 2016 11:29 am by Pearl Rains Hewett Comment

    Re: WA State Legislative reform ideas for SMPs and wetlands delineation update?

    Wetland delineation is also an element of a “jurisdictional determination. ... A WETLAND IS A WOTUS “water of the United States” and thus regulated under the federal Clean …

    Wetland delineation establishes the existence (location) and physical limits (size) of a wetland for the purposes of federal, state, and local regulations.

    Wetland delineation is also an element of a “jurisdictional determination.” This process identifies which water bodies within a project’s boundaries meet the definition of “waters of the United States.” For more information on this, see the Corps’ of Engineers (Corps) Regulatory Guidance Letter 08-02, Jurisdictional Determinations.

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    SO WHAT’S OLD?

    Behind My Back | “Ecology Sucks”

    www.behindmyback.org/2013/04/15/ecologysucks/

    Apr 15, 2013 – Ecology Sucks” And, the rest of the story. The local news papers did report that I said it. WHAT THE LOCAL NEWSPAPERS DID NOT REPORT …

    Behind My Back | High, Dry and Destitute

    www.behindmyback.org/2015/02/01/highdry-and-destitute/

    Feb 1, 2015 – High, Dry and Destitute WA State citizens, private property owners and … category and have previously been posted on “behindmyback.org”.

    AND WHAT’S OLD?

    FEB 5, 2013, It appears that the WA State Legislators can change WA State DOE Water Rules with a House Bill 1414 ?

    behindmyback.org/2013/02/05/ The provisions of this chapter apply only to waters of the 7 Yakima river basin.

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    MARCH 25, 2016  SO WHAT’S REALLY NEW?

    BY HOOK OR BY CROOK, ONE WAY OR ANOTHER

    TOTAL FEDERAL CONTROL OF ALL WATER

    Senator Cantwell Releases a Bold Vision for Water in the 21st Century

    New white paper outlines a national policy framework for drought and water security

    Congress is one  way  Executive Order  is another a presidential memorandum to institutionalize the National Drought Resilience Partnership (NDRP),

    National Drought Resilience Partnership – US Drought Portal

    www.drought.gov/drought/content/ndrp

    National Drought Resilience Partnership Fact Sheet: Learn more about the NDRP, the importance of drought preparedness, and THE IMPORTANCE OF FEDERAL and …

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    Senator Cantwell Releases a Bold Vision for Water in the 21st Century

    New white paper outlines a national policy framework for drought and water security

    Read Sen. Cantwell’s white paper here.

    Washington, DC – Today, on World Water Day, Ranking Member of the Energy and Natural Resources Committee U.S. Senator Maria Cantwell (D-Wash.) released a white paper to advance the development of a 21st century national framework for addressing drought and water security in the United States.  
    body{font-family: Geneva,Arial,Helvetica,sans-serif;font-size:9pt;background-color:

    An unprecedented drought last year and 15 years of drought across the American West have demonstrated the need to rethink U.S. water management in the 21st century. Since 1980, droughts have cost the United States more than $200 billion. The drought last year caused widespread and serious impacts for communities, agriculture, industry and the environment. As drought is predicted to continue in the coming years and as communities throughout the United States face significant water-security challenges, it is a crucial time to evaluate and develop new strategies at the national level.  

    Sen. Cantwell’s paper lays out a national framework to address water challenges through the modernization of federal programs to support and finance sustainable, watershed-scale solutions; advance science and technology; and promote partnerships with communities. The purpose of the paper is to foster a public dialogue and to develop a comprehensive policy agenda to address national drought and water security needs, as called for by states, tribes, local governments, utilities, agricultural producers and conservation groups.

    Modernizing federal programs is critical to supporting a more water-secure future,” Sen. Cantwell said. “The Yakima water bill is a national model for watershed management. The federal government has a responsibility to act now to support these efforts.”

    The framework document reflects lessons learned from Washington’s Yakima River Basin, where an extraordinary collaboration has led to a watershed planning effort that has become a national model. Last year, Sen. Cantwell introduced the Yakima Basin bill (S. 1694) to authorize federal participation in this effort, which will help usher in a new era in water management. The bill will help to restore ecosystems and endangered species, conserve water and provide water security for families, fish and farmers for years to come. Last month, Deputy Secretary of the Department of the Interior Michael Connor called the Yakima process a model not only for working through water challenges, but any natural resource management challenge.

    The white paper released today builds on that approach and outlines five policy principles as a national framework for drought and water security:

    1. Supporting collaborative watershed-scale solutions that are locally-driven. Governance solutions should support and incentivize collaborative, locally driven, watershed solutions by modernizing, coordinating, and streamlining federal programs to make them more effective.

    2. Financing solutions through partnerships and streamlined federal funding. Innovative water financing solutions should utilize an integrated watershed funding approach that streamlines federal funding and increases opportunities for public-private partnerships.

    3. Using and advancing the best science, technology and tools. Science and technology solutions should focus on accelerating innovation and the advancement of tipping points in science, technology and tools to transform water management.

    4. Advancing sustainable water supply solutions for people and the environment. Water supply solutions should take an integrated, portfolio approach that balances the needs of both people and the environment, including: (1) increased use of water markets, efficiency, conservation, recycling, reuse and desalination; (2) improvements in existing infrastructure, operations and low-impact infrastructure (such as aquifer storage and recovery); and (3) nature-based solutions and restoration of ecosystems and fisheries.

    5. Partnering with Tribal Nations, Arctic and Island Communities. The federal government should partner with and support Tribal Nations, Arctic and Island communities as they face unique challenges in responding to and addressing long-term water security needs.

    Addressing long-term drought is also a priority for the Obama administration. Ahead of today’s White House Water Summit, the administration released a presidential memorandum to institutionalize the National Drought Resilience Partnership (NDRP), which seeks to reduce the vulnerability of communities to the impacts of drought.

    Download Sen. Cantwell’s white paper on drought here.
    Read the presidential memorandum on long-term drought resilience here.

    ###

    Permalink: http://www.energy.senate.gov/public/index.cfm/2016/3/senator-cantwell-releases-a-bold-vision-for-water-in-the-21st-century

    How does drought response relate to climate preparedness?

    • The President’s Climate Action Plan: In June 2013, President Obama released his Climate Action Plan to cut the carbon pollution that causes climate change and affects public health, including increased risk of drought wildfires.
    • Executive Order – Preparing the United States for the Impacts of Climate Change: On November 1, 2013, President Obama established a Task Force on Climate Preparedness and Resilience to advise the Administration on how the Federal Government can respond to the needs of communities nationwide that are dealing with the impacts of climate change, including drought and wildfires.
    • Fact Sheet: Executive Order on Climate Preparedness
    • National Drought Forum Report: In December 2012, Federal agencies and states held the  ational Drought Forum (NDF) to focus on improving government coordination to support the planning and preparedness needed for enhancing resilience to ongoing or reoccurring drought. The NDRP is one important outcome of this forum and continues the Obama Administration’s commitment to helping communities get the drought assistance they need.
    • Federal Actions to Assist the Drought Emergency: A list of recent Federal actions, programs, and funding opportunities to support communities currently facing drought and to prepare for future drought events
    • Drought Recovery Matrix (download): An “at a glance” overview of federal resources, programs, funding, and authorities available to policy experts, federal and state agencies, and other impacted sectors to navigate the numerous programs and opportunities available to assist in building greater drought resilience (Last Updated in 2012).