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  • Category Archives The High Cost of Lawsuits
  • $10 Billion From the Judgment Fund

    SUE AND SETTLE FOR BILLIONS FROM THE JUDGMENT FUND

    BETWEEN 2013 AND 2015, THE (OBAMA) FEDERAL GOVERNMENT PAID MORE THAN $10 BILLION IN JUDGMENT FUND AWARDS WITH SCANT TRANSPARENCY OR OVERSIGHT.

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    A $5 billion lawsuit filed by a NON PROFIT  insurer against the Obama administration for a program implemented under Obamacare is raising questions about the use of a fund available for settlements with the government and

    whether Congress can, and should, intervene.

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    Who knew? I’d never heard of “THE JUDGMENT FUND” until I read the September 16, 2016, Lankford Letter on the Iran settlement. Click here to open this e-mail in its own browser window

    “The Obama administration has a history of using “THE JUDGMENT FUND ” Hans von Spakovsky, a senior legal fellow at The Heritage Foundation, told The Daily Signal. “They cannot be trusted to properly defend the lawsuit.”

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    The Judgment Fund: History, Administration, and Common Usage

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    other snippet

    “THE JUDGMENT FUND ” was established in 1956 to relieve Congress of the burden of appropriating money for judgments on a case-by-case basis.

    Initially, the fund had a payment limit of $100,000.

    Since 1977, however, there has been no limit on payment size. Congress has amended the judgment fund numerous times since, according to the testimony of Neal Kinkof, professor of law at Georgia State University.

    Jan 8, 2017 Whether the GOP Congress can, and should, intervene?

    Good Lord, Mr. Ford…. WHAT THE DEMOCRAT’S U.S. CONGRESS CREATED IN 1977, LET THE REPUBLICAN’S 2017  CONGRESS PUT ASUNDER.

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    Von Spakovsky, who worked at the Justice Department during President George W. Bush’s administration, specifically warned of the White House’s history of “SUE AND SETTLE CASES,” which he said allows parties to circumvent federal statutes and regulations and receive large sums of money through settlements with the government.

     Jeffery Axelrad from George Washington University said in written testimony that the identity of fund recipients is not available when judgment fund statistics are compiled.
         “Likewise, the amount paid to attorneys and the identity of the attorneys is not currently available,” he added. “This information is central to knowing whether THE JUDGMENT FUND is, or is not, being abused.”

    A $5 billion lawsuit filed by a nonprofit insurer against the Obama administration for a program implemented under Obamacare is raising questions about the use of a fund available for settlements with the government and whether Congress can, and should, intervene.

    The $5 billion it’s seeking, the money would come from THE JUDGMENT FUND an indefinite appropriation created by Congress and administered by the Department of Treasury.

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    April 12, 2012 The federal government will pay more than $1 billion to settle a series of lawsuits brought by American Indian tribes over mismanagement of tribal money and trust lands, under a settlement announced Wednesday.

    MONEY FOR THE TRIBES’ SETTLEMENTS ALREADY HAS BEEN APPROPRIATED UNDER A CONGRESSIONALLY APPROVED JUDGMENT FUND

    Negotiations continue on dozens of other cases.

    An appeals court this week upheld a $3.4 billion class action lawsuit settlement concerning the mismanagement of government trust funds for hundreds of thousands of Native Americans, ruling that it was fair, reasonable and adequate.

    The Cobell v. Salazar settlement is one of the largest class actions ever filed against the United States, and accused the federal government of mismanaging money owed to Native Americans under trust funds. The alleged mismanagement dated as far back as the 1880s.

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    “They’re getting political friends to sue them and settle without going to Congress,” he said.

    A $5 billion lawsuit filed by a nonprofit insurer against the Obama administration for a program implemented under Obamacare is raising questions about the use of a fund available for settlements with the government and whether Congress can, and should, intervene.

    According to legal experts, if the Obama administration decided to settle its class action lawsuit with Health Republic Insurance of Oregon, one of 23 co-ops started under Obamacare, and other insurers for all or part of the $5 billion it’s seeking, the money would come from THE JUDGMENT FUND an indefinite appropriation created by Congress and administered by the Department of Treasury.

    Health Republic Insurance of Oregon’s lawsuit was filed on behalf of insurers participating in Obamacare’s risk corridor program, and specifically those who did not receive the full amount of money requested through it.

    “In this case, the argument is the statute requires the government to pay out for the risk corridors, but Congress refused to appropriate the money to do that and therefore the court is going to have to award a judgment since the administration, under the direction of Congress, is violating the law,” Timothy Jost, a law professor at Washington and Lee University School of Law, told The Daily Signal of the lawsuit.

    “And therefore the money has to come out of THE JUDGMENT FUND that the Court of Claims has to award a judgment against the federal government, which is appropriated money,” he continued.

    The Obama administration’s use of THE JUDGMENT FUND has come under fire in recent years, particularly after it was reported the Justice Department used the fund to pay billions to farmers who alleged discrimination by the Department of Agriculture, circumventing Congress.

    (Really? Just asking, using THE JUDGMENT FUND to settle discrimination lawsuits from black, Native American, Hispanic and female farmers is a valid use of the fund. )

    “The Obama administration has a history of using THE JUDGMENT FUND,” Hans von Spakovsky, a senior legal fellow at The Heritage Foundation, told The Daily Signal. “They cannot be trusted to properly defend the lawsuit.”

    Von Spakovsky, who worked at the Justice Department during President George W. Bush’s administration, specifically warned of the White House’s history of “SUE AND SETTLE CASES,”” which he said allows parties to circumvent federal statutes and regulations and receive large sums of money through settlements with the government.

    “They’re getting political friends to sue them and settle without going to Congress,” he said.

    A spokeswoman for the Justice Department said the agency is reviewing the complaint, but had no further comment.

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    Reported Sep 8, 2016 Iran Settlement

    The $1.3 billion came from a fund administered by the Treasury Department for settling litigation claims. THE JUDGMENT FUND IS TAXPAYER MONEY THAT CONGRESS HAS PERMANENTLY APPROVED IN THE EVENT IT’S NEEDED, ALLOWING THE PRESIDENT TO BYPASS DIRECT CONGRESSIONAL APPROVAL TO MAKE A SETTLEMENT. The U.S. previously paid out $278 million in Iran-related claims by using the fund in 1991.

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    Lankford Letter The Judgment Fund to Iran

    Sep 16, 2016 – The Judgment Fund: History, Administration, and Common Usage. https://www.fas.org/sgp/crs/misc/R42835.pdf. Federation of …. In 1993, President Bill Clinton appointed James Lee Witt as FEMA Director. In 1996, the agency …

    Sept 16, 2016 Lankford Letter The Judgment Fund to Iran

    Who knew? I’d never heard of “THE JUDGMENT FUND” until I read the Lankford Letter.

    HOW DOES THE JUDGMENT FUND OPERATE TODAY?

    BY DEFINITION, IT REQUIRES NO FURTHER CONGRESSIONAL ACTION AND DOES NOT EXPIRE AT THE CLOSE OF ANY FISCAL YEAR.

    THE APPROPRIATION MAKES AN “UNLIMITED AMOUNT OF FUNDS” AVAILABLE FOR PAYMENT OF CERTAIN JUDGMENTS AGAINST THE UNITED STATES.

    NEGOTIATED AND AGREED TO BY THE DEPARTMENT OF JUSTICE.

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    Senators Fischer and Lankford Introduce Bill to Expose Taxpayer Funds Transferred to Iran

    http://www.fischer.senate.gov/public/index.cfm/2016/7/senators-fischer-and-lankford-introduce-bill-to-expose-taxpayer-funds-transferred-to-iran

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    CNS – Legal Experts Defend Big US Payment to Iran

    www.courthousenews.com/2016/09/…/legal-experts-defend-big-us-payment-to-iran.h…

    Sep 7, 2016 – Congress has amended THE JUDGMENT FUND numerous times since, according to the testimony of Neal … 5, to account for $1.3 billion in interest.

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    Behind My Back | FEDERAL ISSUES AND REFORM

    www.behindmyback.org/category/federal-issues-and-reform/
    Sep 16, 2016

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    Obamacare Insurers Could Get Money From Government Fund

    dailysignal.com/…/obamacare-insurers-could-get-billions-from-controversial-govern…

    Mar 16, 2016 – The Obama administration’s use of THE JUDGMENT FUND has been the subject of … Health Republic Insurance of Oregon filed a $5 billion class action lawsuit … If the lawsuit leads to a settlement, the money could come from THE JUDGMENT FUND ….. It was upheld by the Supreme Court on June 28, 2012.

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    Good grief, we live in a country where anybody can sue anybody for “whatever”

    When everybody in the world sues the US government for  “whatever” reason in the world….

    And, congress won’t appropriate funds to pay for “whatever”

    The billions and billions of dollars are  paid out of  THE JUDGMENT FUND for “whatever”

    For the last 40 years 1977-2017 the billions of dollars in settlements for  “whatever” came out of  AMERICAN TAXPAYERS POCKETS

    The bottom line

    IF CONGRESS BROKE IT…

    THE 2017 REPUBLICAN CONGRESS CAN FIX “WHATEVER” WE THE PEOPLE WANT

    AND THAT INCLUDES OBAMACARE


  • Lankford Letter The Judgment Fund to Iran

    Sept 16, 2016 Lankford Letter The Judgment Fund to Iran

    Who knew? I’d never heard of “The Judgment Fund” until I read the Lankford Letter.

    HOW DOES THE JUDGMENT FUND OPERATE TODAY?

    BY DEFINITION, IT REQUIRES NO FURTHER CONGRESSIONAL ACTION AND DOES NOT EXPIRE AT THE CLOSE OF ANY FISCAL YEAR.

    THE APPROPRIATION MAKES AN “UNLIMITED AMOUNT OF FUNDS” AVAILABLE FOR PAYMENT OF CERTAIN JUDGMENTS AGAINST THE UNITED STATES.

    NEGOTIATED AND AGREED TO BY THE DEPARTMENT OF JUSTICE.

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    From: Sen. James Lankford

    To: phew@wavecable.com

    Sent: Friday, September 16, 2016 8:49 AM

    Subject: Lankford Letter

    Tax money to the Iranian military

    snippet

    This is a bigger issue than a single payment, no matter how large. The cash money sent to Iran changes our historic foreign policy of isolating Iran as the largest state sponsor of terrorism in the world, and it sets a new precedent for sending money to foreign governments from the long-established Judgment Fund. To deal with the long-term precedent, I authored a bill to limit the future use of THE JUDGMENT FUND and make sure no future president can transfer American tax dollars to a nation that sponsors terrorism. 

    Click here to open this e-mail in its own browser window   Click here to open a plain text version of this email

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    JUL 14, 2016  RE: THE JUDGMENT FUND (click on the link)

    Senators Fischer and Lankford Introduce Bill to Expose Taxpayer Funds Transferred to Iran

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    After spending nearly five  hours, researching, reading and documenting

    A 19 PAGE DOCUMENT BY CONGRESSIONAL RESEARCH SERVICE

    The Judgment Fund (or Fund) is a permanent appropriation enacted by Congress in 1956. The Fund is an unlimited amount of money set aside to pay judgments against the United States.

    The Judgment Fund: History, Administration, and Common Usage

    https://www.fas.org/sgp/crs/misc/R42835.pdf

    Federation of American Scientists Mar 7, 2013 – In the 113th Congress, the Judgment Fund Transparency Act of 2013 ( …. The U.S. government has sovereign immunity, meaning it cannot be …

    HOW DOES THE JUDGMENT FUND OPERATE TODAY?

    BY DEFINITION, IT REQUIRES NO FURTHER CONGRESSIONAL ACTION AND DOES NOT EXPIRE AT THE CLOSE OF ANY FISCAL YEAR.

    THE APPROPRIATION MAKES AN “UNLIMITED AMOUNT OF FUNDS” AVAILABLE FOR PAYMENT OF CERTAIN JUDGMENTS AGAINST THE UNITED STATES.

    NEGOTIATED AND AGREED TO BY THE DEPARTMENT OF JUSTICE.

    PAY FOR JUDGMENTS AGAINST THE UNITED STATES FROM STATE AND FOREIGN TRIBUNALS SUBJECT TO CERTIFICATION BY THE ATTORNEY GENERAL.

     IT IS ONLY ACCESSIBLE WHEN THE UNITED STATES HAS WAIVED ITS SOVEREIGN IMMUNITY

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    JUL 14, 2016  RE: THE JUDGMENT FUND (click on the link)

    Senators Fischer and Lankford Introduce Bill to Expose Taxpayer Funds Transferred to Iran

    Legislation Will Allow Americans to Track Payments to Foreign Nations

    WASHINGTON, D.C. – This morning, U.S. Senators Deb Fischer (R-Neb.) and James Lankford (R-Okla.) introduced legislation to track taxpayer-funded payments to foreign nations and prevent harmful transactions from happening in the future. The bill, known as the

    JUDGMENT FUND TRANSPARENCY AND TERRORISM FINANCING PREVENTION ACT,

     expands upon legislation that Senator Fischer introduced last year with Senator Cory Gardner (R-Colo.). It would require a public accounting of the taxpayer funds that are distributed out of the Judgment Fund.

    Senator Fischer released the following statement:

    “Hardworking American families have every right to see exactly how their tax dollars are being spent, especially when used to fund hostile enemies of the United States. That is why I’m proud to join Senator Lankford to offer a new version of the Judgment Fund Transparency Act, which includes greater oversight of taxpayer-funded payments to foreign nations. More transparency leads to greater accountability and through this bill, we can hold our government to task for their actions. We should not be in the business of providing funds to state sponsors of terrorism.”

    Senator Lankford released the following statement:

    “One year after the Iran Nuclear agreement, we still have the same concerns with Iran as before. Their secrecy is disconcerting and they continue to be spread terrorism and a radical Islamist ideology around the region. President Obama’s billion-dollar payment to Iran in January, which we now know is funding Iran’s military expansion, is an appalling example of Executive Branch governance.

    “The bill Senator Fischer and I have introduced will provide the American public with necessary details of this dangerous billion-dollar payment and ensure that no taxpayer dollars are ever again used to fund the extremist and violent ambitions of rogue nations like Iran.  Subsidizing Iran’s military is perhaps the worst use of taxpayer dollars ever by an American president.”

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    Hague Claims Tribunal Settlement – US Department of State

    www.state.gov/secretary/remarks/2016/…/251338.ht…

    United States Department of State Jan 17, 2016 – The United States and Iran today have settled a long outstanding claim at the Iran-U.S. Claims Tribunal in the Hague. This specific claim was in …

    IN ADDITION TO THE DISCLOSED $400 MILLION CASH HAGUE SETTLEMENT WITH IRAN,

    UPDATED ON SEP 7, 2016 TO $1.7 BILLION IN CASH HAGUE SETTLEMENT WITH IRAN

    US made $1.7 billion transfer to Iran in foreign cash, Treasury says …

    www.foxnews.com/…/us-made-1-7-billion-transfer-to-iran-in-foreign…

    Fox News Channel Sep 7, 2016 – A Treasury spokeswoman told the Associated Press the cash payments …. @cntstdthepain – Iran was seeking $10 billion in today’s dollars.

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    YEP…. AND, IN ADDITION TO THAT

    WE HAVE “U.S. FOREIGN AID FUNDING” FOR HUMANITARIAN AND MILITARY ASSISTANCE.

    “Hardworking American families have every right to see exactly how their tax dollars are being spent, especially when used to fund hostile enemies of the United States.

    WHO IS GOING TO. INTRODUCED LEGISLATION TO TRACK DANGEROUS BILLION-DOLLAR  TAXPAYER-FUNDED FOREIGN AID PAYMENTS TO FOREIGN NATIONS AND PREVENT HARMFUL U.S. FOREIGN AID FUNDING OF HUMANITARIAN AND MILITARY ASSISTANCE FROM ENDING UP IN THE HANDS OF STATE SPONSORS OF TERRORISM.

     That is why I’m proud to join (PRESIDENT TRUMP)  to offer a new version of the

     FOREIGN AID FUND TRANSPARENCY AND TERRORISM FINANCING PREVENTION ACT  

    which includes greater oversight of taxpayer-funded payments to foreign nations. More transparency leads to greater accountability and through this bill, we can hold our government to task for their actions. We should not be in the business of providing funds to state sponsors of terrorism.”

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    HOW DOES THE FOREIGN AID FUNDING OPERATE TODAY?

     U.S. FOREIGN (AID) RELATIONS AND AFFAIRS, SENATE AND HOUSE FUNDING FOREIGN AID PROGRAMS AS WELL AS FUNDING ARMS SALES AND TRAINING FOR NATIONAL ALLIES?.

     THE UNITED STATES SENATE COMMITTEE ON FOREIGN RELATIONS is a standing committee of the … THE FOREIGN RELATIONS COMMITTEE IS GENERALLY RESPONSIBLE FOR OVERSEEING (BUT NOT ADMINISTERING) and funding foreign aid programs as well as funding arms sales and training for national allies.

     GENERALLY RESPONSIBLE FOR OVERSEEING?

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    THE U.S. HOUSE COMMITTEE ON FOREIGN AFFAIRS is a standing committee of the …has jurisdiction over BILLS AND INVESTIGATIONS related to the foreign affairs of the United States.

     BILLS AND INVESTIGATIONS?

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     INVESTIGATION ON WHO DELIVERS?

    Delivery of Foreign Assistance

    What Executive Branch Agencies Implement Foreign Aid

    Programs?

    U.S. Agency for International Development

    U.S. Department of Defense

    U.S. Department of State

    U.S. Department of Health and Human Services

    U.S. Department of the Treasury

    MILLENNIUM CHALLENGE CORPORATION

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    The Millennium Challenge Account

    http://georgewbush-whitehouse.archives.gov/infocus/developingnations/millennium.html

    This is historical material, “frozen in time.” The web site is no longer updated and links to external web sites and some internal pages will not work.

    March 14, 2002 “Today, I call for a new compact for global development, defined by new ACCOUNTABILITY for both rich and poor nations alike,” STATES PRESIDENT GEORGE W. BUSH IN HIS ADDRESS AT THE INTER-AMERICAN DEVELOPMENT BANK IN WASHINGTON, D.C. MARCH 14, 2002. Accompanying the President: the lead singer of U2, Bono; Cardinal McCarrick and WORLDBANK PRESIDENT JIM WOLFENSOHN.

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    INVESTIGATION ON WHO DELIVERS?

    WHO ENSURES ACCOUNTABILITY FOR MEASURABLE RESULTS?

    MCC IS AN INDEPENDENT U.S. GOVERNMENT FOREIGN AID AGENCY

    PROVIDES ECONOMIC ASSISTANCE THROUGH A COMPETITIVE SELECTION PROCESS TO DEVELOPING NATIONS …

    ADMINISTRATION  THE MCA WILL BE ADMINISTERED BY A NEW GOVERNMENT CORPORATION DESIGNED TO SUPPORT INNOVATIVE STRATEGIES

    AND TO ENSURE ACCOUNTABILITY FOR MEASURABLE RESULTS.

    THE CORPORATION WILL BE SUPERVISED BY A BOARD OF DIRECTORS COMPOSED OF CABINET LEVEL OFFICIALS.

    THE SECRETARY OF STATE WILL BE THE CHAIRMAN OF THE BOARD. (JOHN KERRY)

    THE CEO OF THE MILLENNIUM CHALLENGE CORPORATION WILL BE NOMINATED BY THE PRESIDENT (OBAMA) AND CONFIRMED BY THE SENATE.

    The following 16 indicators (WITH SOURCES), CHOSEN because of the relative quality and objectivity of their data, country coverage, public availability, and correlation with growth and poverty reduction, WILL BE USED TO ASSESS NATIONAL PERFORMANCE RELATIVE TO GOVERNING JUSTLY, INVESTING IN PEOPLE, and encouraging economic freedom.

    GOVERNING JUSTLY:

    CIVIL LIBERTIES (FREEDOM HOUSE)

    POLITICAL RIGHTS (FREEDOM HOUSE)

    VOICE AND ACCOUNTABILITY (WORLD BANK INSTITUTE)

    GOVERNMENT EFFECTIVENESS (WORLD BANK INSTITUTE)

    RULE OF LAW (WORLD BANK INSTITUTE)

    CONTROL OF CORRUPTION (WORLD BANK INSTITUTE)

    Investing in People:

    Public Primary Education Spending as Percent of GDP (World Bank/national sources)

    Primary Education Completion Rate (World Bank/national sources)

    Public Expenditures on Health as Percent of GDP (World Bank/national sources)

    Immunization Rates: DPT and Measles (World Bank/UN/national sources)

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    Just asking is MILLENNIUM CHALLENGE CORPORATION an independent regulatory agency, as defined below?

    UNLIKE EXECUTIVE BRANCH AGENCIES, independent regulatory agencies are not subject to basic analytical requirements. BECAUSE OF THIS, INDEPENDENT REGULATORY AGENCIES DO NOT CONDUCT RIGOROUS COST-BENEFIT ANALYSIS OR CUMULATIVE EFFECT EVALUATION.

    And? Other agencies?

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    What Are the Different Forms in Which Assistance Is Provided?

    Cash Transfers

    Equipment and Commodities

    Economic Infrastructure

    Training

    Expertise

    Small Grants

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    The Judgment Fund, which is administered by the Treasury Department, is used to pay for certain court judgments and settlements against the federal government. Between 2013 and 2015, the federal government paid more than $10 billion in Judgment Fund awards with scant transparency or oversight.

    This fund has continued to come under increased scrutiny, as it is allowed to allocate unlimited funds to cover government liability in lawsuits and is not subject to the annual appropriations process. The Judgement Fund Transparency Act would provide hardworking taxpayers and members of Congress the ability to see exactly how tax dollars are being spent on these litigation expenses.

    In February of 2015, The Washington Examiner published an editorial praising Senator Fischer’s bill:

    “Senators Cory Gardner, R-Colo., and Deb Fischer, R-Neb., are co-sponsoring a bill that would fix this problem and bring transparency to the Judgment Fund, the treasury account that pays judgments and settlements to plaintiffs. The Judgment Fund Transparency Act is just two pages long. It simply requires the Treasury Department to make public through its website the details of every payment the fund makes… The bill deserves broad bipartisan support. For anyone who believes in government transparency, it’s a no-brainer.”

    Click here to view text of the bill.

    Permalink: http://www.fischer.senate.gov/public/index.cfm/2016/7/senators-fischer-and-lankford-introduce-bill-to-expose-taxpayer-funds-transferred-to-iran


  • High, Dry and Destitute

    High,  Dry and Destitute

    WA State citizens, private property owners and farmers, in Skagit and Clallam County have been left HIGH, DRY AND DESTITUTE by WA State DOE WATER RULES.

    DESTITUTE  by definition, WITHOUT THE BASIC NECESSITIES OF LIFE.

    Our Elected Representative “MUST” Legalize Citizen’s Water Rights.

    Water, is our lifeblood. It is used to grow food and to grow cities. It provides power to run our homes, factories, and businesses.

    PLEASE FORWARD TO ALL WA STATE ENTITIES CONCERNED WITH CITIZENS WATER RIGHTS

    Our WA State elected legislators need to hear how Ecology’s Destitute/Destitution is impacting your life, liberty and pursuit of happiness, in the United States of America.

    DESTITUTE,  by definition, WITHOUT THE BASIC NECESSITIES OF LIFE.

    DESTITUTION, by definition poverty so extreme that one lacks the means to provide for oneself.

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    Our Elected Representative MUST Legalize Citizen’s Water Rights,

    OR, THEY SHALL  leave our DESTITUTE  private property owners, citizens, no choice, but to continue to “duke it out”  in court with EXPENSIVE CITIZEN FUNDED LAWSUITS against the WA State DOE.

    If you have not signed the petition requesting the Washington State Legislature to provide the Skagit Watershed with water, please do!  They are seeing the signatures and reading your comments.

     —– Original Message —–

    From: Zachary Barborinas

    The Department of Ecology is tasked to regulate water for ALL citizens of the state and they have not done their job. Rural farmers and landowners need legislative action to reinstate basic legal access to water to ease the economic hardships and uncertainty before them because of this unconstitutional action. 

    For those of you unable to make it, please provide comments for the Legislature so they see these bills are supported.  They need to hear about how this is impacting you!

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    Ecology’s Skagit and Dungeness Water Rule

    They need to hear about how this is impacting you!

    WA State Legislated Intent?

    Posted on March 21, 2013 1:02 pm by Pearl Rains Hewett Comment

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    An introduction to a series by Pearl Rains Hewett
    Deprived Of Our Water

    Posted on February 13, 2013 12:35 pm by Pearl Rains Hewett Comment

    DEPRIVED OF OUR WATER RIGHTS AND OUR RIGHT TO WATER

    An introduction to a series by Pearl Rains Hewett
    “behindmyback.org” – CLOUDED WATERS

    DEPRIVED OF OUR WATER
    BY THE APPOINTED FEDERAL – STATE AGENCIES – TRIBAL TREATY -TAPPED
    This series of on the taking and depravation of our water rights will report, document and expose the many ways we the people are being deprived not only of our water right, but to our right to water.

    —————————————————————-

    WA STATE DEPT OF ECOLOGY (DOE)
    It will examine and document the many parts that appointed State agencies, the WA State DOE specifically plays in the deprivation of our water private and riparian rights in Counties in WA State. It will question both the DUE PROCESS of LAW and competency of the WA State DOE in creating and imposing and the WA Rules in WA State. The topics of DOE coerced monopoly and Commodity trading will also be discussed

    THE DUNGENESS WATER RULE
    Any and all OTHER related documented information that fit under this category and have previously been posted on “behindmyback.org”

    PUBLIC COMMENT
    It will address the documents the nearly 1000 public comments sent to the WA State DOE on the Dungeness Water Rule from the people of Clallam County and the mote effective that those comments had on the decision of the DOE Appointed State Agency. Why did we bother with nearly 1000 comments? When all we got back was 525 pages of response from DOE and no change in The Dungeness Water Rule.

    —————————————————————————-

    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 …

    —————————————————————————————-

    —– Original Message —–

    From: Zachary Barborinas

    There is a long road ahead, but only our continued pressure will get us closer to a solution

    Furthermore, if you have not signed the petition requesting the Washington State Legislature to provide the Skagit Watershed with water, please do!  They are seeing the signatures and reading your comments.

    SB 5129 – Concerning overriding considerations of the public interest in management of the waters of the state.

    SB 5135 – Ensuring that certain existing water uses are not subject to interruption.

    SB 5136 – Repealing an instream flow rule and adopting a new instream flow rule.

    SB 5491 – Maintaining reservations of water for certain future uses.

    Petitioning Washington State House and 15 others

    This petition will be delivered to:

    Washington State House

    Washington State Senate

    Washington Governor

    District 40

    Senator Kevin Ranker

    District 40

    Rep. Kristine Lytton

    District 40

    Rep. Jeff Morris

    District 10

    Senator Barbara Bailey

    District 10

    Rep. Norma Smith

    District 10

    Rep. Dave Hayes

    District 39

    Senator Kirk Pearson

    District 39

    Rep. Dan Kristiansen

    District 39

    Rep. Elizabeth Scott

    District 42

    Senator Doug Ericksen

    District 42

    Rep. Jason Overstreet

    District 42

    Rep. Vincent Buys

    Governor Inslee’s Chief of Staff

    Joby Shimonmura

    Washington State Legislature: Provide Water for Rural Landowners in Skagit Watershed

    Zachary Barborinas

    United States

    Legal access to well water has been eliminated for rural farmers and landowners in the Skagit River Basin, the 3rd largest watershed on the West Coast. A result so unbalanced and scientifically unsupported amongst our abundant resources, it has left over 6,000 landowners without any legal source of water, including 475 homes already built and occupied. The Department of Ecology is tasked to regulate water for ALL citizens of the state and they have not done their job. Rural farmers and landowners need legislative action to reinstate basic legal access to water to ease the economic hardships and uncertainty before them because of this unconstitutional action.

    Please help support rural farmers and landowners by signing this petition. You will be asking Washington state legislators to legislatively amend the 2001 Instream Flow Rule to provide water to 6,000 rural citizens in the Skagit Watershed.

    —– Original Message —–

    From: Zachary Barborinas

    To: Skagit Watershed

    Sent: Friday, January 30, 2015 11:45 AM

    Subject: Senate Hearing for Skagit Watershed

    Yesterday’s Senate hearing provided a tremendous opportunity to see support from many different perspectives. Thank you to everyone that were able to make it to Olympia. There is a long road ahead, but only our continued pressure will get us closer to a solution. For those of you unable to make it, please provide comments for the Legislature so they see these bills are supported.  They need to hear about how this is impacting you!

    1. SB 5129 – Concerning overriding considerations of the public interest in management of the waters of the state.
    2. SB 5131 – Concerning the Skagit instream flow rule.
    3. SB 5407 – Concerning existing lots and the Skagit instream flow rule.
    4. SB 5134 – Concerning base flows and minimum instream flows.
    5. SB 5135 – Ensuring that certain existing water uses are not subject to interruption.
    6. SB 5136 – Repealing an instream flow rule and adopting a new instream flow rule.
    7. SB 5491 – Maintaining reservations of water for certain future uses.

     

    Furthermore, if you have not signed the petition requesting the Washington State Legislature to provide the Skagit Watershed with water, please do!  They are seeing the signatures and reading your comments.

    Have a good weekend!  Go Hawks!

    Regards,

    Zachary J. Barborinas

    Just Water Alliance

    www.justwateralliance.org

     


  • Confront? Question? Demand?

    Confront? Question? Demand?

    Why do  I  personally bother to attend and speak out at  Rep. Derek Kilmer’s Town Hall Meetings?

    Someone’s  GOT TO DO IT … speak  out publicly, in front of the local news media on THE FEDERAL UNMENTIONABLES.

    Someone’s  got to  confronted him with the evidence, ask the hard questions, compel him to face or consider something and  demand answers.

    As our elected rep. in WA DC Rep. Derek Kilmer is responsible to us.

    WHAT WILL  KILMER  DO IN RESPONSE TO

    THE FEDERAL UNMENTIONABLES?

    1. The ISIS terrorist attacks, 62% of Americans are VERY CONCERNED?

    2.  How Is he going to VOTE to prevent the Olympic Peninsula Electronic WAR GAMES. from destroying our entire coastline of public land? And, the entire coastline from Alaska to Mexico?

    3.   How Is he going to VOTE on the FINANCIAL immigration  Crisis? Dec 3, 2014 – Seventeen states filed a joint lawsuit in federal court Wednesday to try blocking President Barack Obama’s executive order on immigration.

    4.  How is he going to VOTE to reform the Obamacare debacle?

    5. Is he going to address the economic crisis created by SUE AND SETTLE?  (ESA)  taking of public and private land, in violation of the Administrate Procedure Act

    6. Is he going to demand JUSTICE from the JUSTICE DEPARTMENT?

    7.  Is he going to support the return of individual states Sovereignty, to the States, of the United States of America? So we can “MIND OUR OWN BUSINESS”

    8. Rep Kilmer put it in writing,  I’ll continue my fight during this Congress to put our government back in the hands of “We the People.”

    —————————————————————————————-

     OK, REP. KILMER, THIS IS WHAT WE THE PEOPLE WANT?

    WHAT REPRESENTATIVE FEEDBACK ARE WE GOING TO GET FROM YOU?

    We the People of the United States, in Order to RE-FORM a more perfect Union,

    MUST RE- ESTABLISH The  Constitution of  the United States of America.

    MUST RE-ESTABLISH JUSTICE,

    MUST INSURE DOMESTIC TRANQUILITY

    MUST PROVIDE FOR THE COMMON DEFENSE

    MUST PROMOTE THE GENERAL WELFARE

    MUST RE-SECURE the Blessings of Liberty to ourselves and our Posterity,

    We do ordain and MUST INSIST ON  the RE-ESTABLISHMENT of the Constitution for the United States of America.

    ————————————————————————————

    Rep. Kilmer Newsletter, below,  states,  I’ll be holding six town hall meetings so I can hear directly from you elected Rep. Kilmer will be holding six town hall meetings so I can hear directly from you. I want to stress these town halls are open to the public, and I encourage everyone to attend.

    It’s time to bring sanity back?

    Despite the overall dysfunction?

    I’ll continue my fight during this Congress to put our government back in the hands of “We the People.”

    Make the government more transparent and responsive?

    ————————————————————

    I, personally, SHALL continue my fight to put our federal, state and local governments  accountable and back in the hands of “We the People.”

    Even if I have to go it alone, with my boots on the ground and making public comments  at public forums.

    And, on my website behindmyback.org  in cyberspace

     


  • Tribal Water Approved by Congress?

    Tribal Reserved Water Right Settlements

     It takes an act of the  US Congress to make SETTLEMENT/QUANTITY (AC-FT/YR) of reserved water rights with Indian tribes.

     

    SETTLEMENTS APPROVED BY CONGRESS Updated August 2011

     SIGNIFICANT FEATURES OF SETTLEMENT/QUANTITY (AC-FT/YR)

     ——————————————————————

    Indeed,

     

    It takes an act of the  U.S. Congress to make SETTLEMENT/QUANTITY (AC-FT/YR) of reserved water rights with Indian tribes.

     

    In States, the tribes demand quantities of  instream flow water, to be reserved for the fish?

     ON, quantities of Indian Reserved water rights that have not yet been determined or settled, BY AN ACT OF U.S. CONGRESS?

     

     See the attachment for the

    (request an email copy of the attachment phew@wavecable.com)

     

    SIGNIFICANT FEATURES OF SETTLEMENT/QUANTITY (AC-FT/YR)

     

    This is the list of Congressional Acts  of Indian Water Rights Settlements

    1) Ak-Chin Indian Water Rights Settlement Act final 2000

     

     

    (2) Fallon Paiute Shoshone Indian Tribes Water Rights Settlement Act of 1990

     

     

    (3) Fort Hall Indian Water Rights Act of 1990

     

     

    (4) Fort McDowell Indian Community Water Rights Settlement Act of 1990

     

     

    (5) Jicarilla Apache Tribe Water Settlement Act of 1992

     

     

    (6) Northern Cheyenne Indian Reserved Water Rights Settlement Act of 1992

     

     

     

    (7) Salt River Pima-Maricopa Indian Community Water Rights Settlement Act of 1988

     

     

    (8) San Carlos Apache Tribe Water Rights Settlement Act

     

     

    (9) San Luis Rey Indian Water Rights Settlement Act of 1988

     

     

    (10) Seminole Indian Land Claims Settlement Act of 1987

     

     

    (11) Southern Arizona Water Rights Settlement Act

     

     

    (12) Truckee-Carson-Pyramid Lake Water Rights Act

     

     

     

    (13) Ute Indian Rights Settlement Act of 1992

     

     

    (14) Yavapai-Prescott Indian Tribe Water Rights Settlement Act of 1994

     

     

    (15) Chippewa Cree Tribe of the Rocky Boy’s Reservation Indian Reserved Water Rights Settlement Act of 1999

     

     

    (16) Shivwits Band of the Paiute Indian Tribe of Utah Water Rights Settlement Act

     

     

    (17) Colorado Ute Settlement Act Amendments of 2000

     

     

    (18) Zuni Indian Tribe Water Rights Settlement Act of 2003

     

     

    (19) Arizona Water Settlements Act of 2004

     

     

    (20) Snake River Water Rights Act of 2004

     

     

    (21) Soboba Band of Luiseño Indians Settlement Act

     

     

    (22) Northwestern New Mexico Rural Water Projects Act (Navajo-Gallup Water Supply Project/Navajo Nation Water Rights)

     

     

    (23) Shoshone-Paiute Tribes of Duck Valley Water Rights Settlement Act

     

     

     (24) Crow Tribe Water Rights Settlement Act of 2010

     

     ————————————————————————————————————- 

     

    Let us climb the ladder of responsibility, to the U.S. Congress for failure to “ACTon Tribe Water Rights Settlements

     

    That has caused  the TRIBES and WA State DOE, to have expensive, taxpayer paid lawsuits,  in the WA State.

     

    AND, as a result of these TRIBES and WA State DOE, expensive, taxpayer paid lawsuits, in WA State? 

     

    Private property owners and farmers, in Skagit County and Clallam County, our citizens,  have been left HIGH AND DRY by the WA State DOE.

     

    Thus,leaving private property owners, citizens, no choice, but to “duke it out”  in court with EXPENSIVE PRIVATE LAWSUITS against the WA State DOE. 

     


  • EPA Sued and Settled

    INDEED THE EPA SUED, THE EPA SETTLED AND MARIA CANTWELL DOCUMENTED
    THAT THE “SUE AND SETTLE” LEGAL SETTLEMENT AND RULE CREATED BY AND FOR THE EPA UNFUNDED MANDATE DID RESULT IN THE $14.8 BILLION DOLLAR MARYLAND RAIN TAX.

    IT WAS NOT A RESULT OF LEGISLATION BY CONGRESS, BUT WAS IN FACT CAUSED BY AN EPA SETTLEMENT.
    ——————————————————–
    The bottom line

    DEMAND ACCOUNTABILITY FROM CONGRESS AND A RESPONSE TO the “SUE AND SETTLE” THREAT TO THE US ECONOMY ON MORE THAN 3 MILLION BUSINESSES OF ALL SIZES, SECTORS, AND REGIONS, AS WELL AS STATE AND LOCAL CHAMBERS AND INDUSTRY. ASSOCIATIONS that are represented by the US CHAMBER OF COMMERCE.
    ————————————————————

    AS documented by UNITED STATES SENATOR MARIA CANTWELL

    Dear Ms. Hewett,

    Thank you for contacting me about federal stormwater standards. I appreciate hearing from you on this important matter.
    FOLLOWING A 2010 LEGAL SETTLEMENT BETWEEN THE EPA AND THE CHESAPEAKE BAY FOUNDATION (FOWLER V. EPA),

    THE EPA AGREED TO CREATE A NEW FEDERAL STORMWATER RULE.

    The RULE will create performance standards for stormwater discharges at both newly developed and redeveloped sites, broaden the EPA’s oversight of Chesapeake Bay stormwater permits and set a standard for the total maximum daily discharge.

    The RULE will also potentially increase the number of cities regulated as Municipal Separate Storm Sewer Systems, which can include underground pipes, roads with drainage pipes, gutters and ditches. Prior to developing the proposed stormwater rules, the EPA sought input from stakeholders in public forums. The EPA expects to finalize the RULE by December 10, 2014.

    Sincerely,
    Maria Cantwell
    United States Senator
    —————————————————————–
    ‘SUE AND SETTLE’ THREATENS BUSINESS | U.S. Chamber of Commerce

    www.uschamber.com/feed/sue-and-settle-threatens-business‎
    This tactic is called “sue and settle,” a name coined by Rep. Colin Peterson (D-MN).

    SUE AND SETTLE – US Chamber of Commerce

    THE U.S. CHAMBER OF COMMERCE IS THE WORLD’S LARGEST BUSINESS FEDERATION REPRESENTING THE INTERESTS OF MORE THAN 3 MILLION BUSINESSES OF ALL SIZES, SECTORS, AND REGIONS, AS WELL AS STATE AND LOCAL CHAMBERS AND INDUSTRY ASSOCIATIONS.

    additional methodology and the development of a database of sue and settle cases. The … Appendix A: Methodology I for Identifying Sue and Settle Cases. 46.www.uschamber.com/sites/default/…/SUEANDSETTLEREPORT-Final.p…‎
    —————————————————————–
    HOW LONG HAS CONGRESS TOTALLY IGNORED
    the “SUE AND SETTLE” THREAT TO THE US ECONOMY ON MORE THAN 3 MILLION BUSINESSES OF ALL SIZES, SECTORS, AND REGIONS, AS WELL AS STATE AND LOCAL CHAMBERS AND INDUSTRY ASSOCIATIONS that are represented by the US CHAMBER OF COMMERCE.
    ———————————————————————
    I Goggled online…. “CONGRESS HELPING SMALL BUSINESS”

    WELCOME TO THE HOUSE SMALL BUSINESS COMMITTEE WEBSITE.
    http://smallbusiness.house.gov/

    Chairman Sam Graves and his fellow Committee members ARE FOCUSED? ON RESPONDING TO THE CHALLENGES FACED BY OUR NATION’S SMALL BUSINESS OWNERS AND THEIR EMPLOYEES.

    CONGRESS contemplating SMALL TWEAKS tweaks to help small businesses?
    —————————————————————
    FOCUSED ON? RESPONDING TO CHALLENGES?

    HOW ABOUT FOCUSING ON DOCUMENTED THREATS?

    ‘SUE AND SETTLE’ THREATENS BUSINESS | U.S. Chamber of Commerce
    www.uschamber.com/feed/sue-and-settle-threatens-business‎
    ——————————————————————
    I have been RIDICULED for

    “Doing what I can, with what I have, where I am.”

    I have three (3) federal elected representatives
    MARIA CANTWELL
    PATTY MURRAY
    AND DEREK KILMER

    I have been RIDICULED because I send comments and ask question.

    I have been CHASTISED for disseminating the written response.

    I am guilty of attending Public forums and town hall meeting.
    And as an American CITIZEN I defend my right to
    “Do what I can, with what I have, where I am.”
    ————————————————————–
    I DID ATTEND THE SEQUIM TOWN HALL MEETING Nov. 1, 2013

    I DID PLACE A PRINT OUT OF THE FOLLOWING 54 PAGE DOCUMENT IN DEREK KILMERS HAND.

    SUE AND SETTLE – US Chamber of Commerce
    www.uschamber.com/sites/default/…/SUEANDSETTLEREPORT-Final.p…‎
    additional methodology and the development of a database of sue and settle cases. The … Appendix A: Methodology I for Identifying Sue and Settle Cases. 46.

    I shall request that Derek Kilmer present a copy of the document TO THE HOUSE SMALL BUSINESS COMMITTEE WEBSITE.
    http://smallbusiness.house.gov/
    ——————————————————————
    My intent?
    Is to INFORM and REQUIRE more than “CONGRESS CONTEMPLATING SMALL TWEAKS TO HELP SMALL BUSINESSES” …

    Based on documentation.

    ‘SUE AND SETTLE’ THREATENS BUSINESS | U.S. Chamber of Commerce
    www.uschamber.com/feed/sue-and-settle-threatens-business‎

    The bottom line

    DEMAND ACCOUNTABILITY FROM CONGRESS AND A RESPONSE TO the “SUE AND SETTLE” THREAT TO THE US ECONOMY ON MORE THAN 3 MILLION BUSINESSES OF ALL SIZES, SECTORS, AND REGIONS, AS WELL AS STATE AND LOCAL CHAMBERS AND INDUSTRY. ASSOCIATIONS that are represented by the US CHAMBER OF COMMERCE.

    ———————————————
    OCT 24, 2013
    Behind My Back | Sue and Settle
    www.behindmyback.org/category/sue-and-settle/‎
    Oct 24, 2013 – SUE AND SETTLE? CREATED THE EPA UNFUNDED MANDATE FOR THE $14.8 BILLION DOLLAR MARYLAND RAIN TAX. SEE THE “US …
    ——————————————————————–


  • Tolling I – 90 Bridge

    THE MONEY’S ALL GONE?
    2013 WSDOT IS GOING TO TOLL the I-90 BRIDGE
    $1.3 BILLION
    WSDOT Transportation Secretary Paula Hammond favors tolling I-90 and tolling in general. She argues that other sources of paying for big transportation projects are gone. The state is counting on tolls to fund $1 billion of the $4.6 billion 520 project. Tolling is considered a reliable option for transportation funding and tolls could be extended to I-90 soon.

    WSDOT – THE MONEY’S ALL GONE? REALLY? WHERE DID IT GO?
    Taxpayers paid BILLIONS for big transportation projects?
    Taxpayers paid BILLIONS to maintain and preserve our existing highway system.
    WHERE DID THOSE BILLIONS GO?
    WSDOT $1.5 BILLION FOR FISH CULVERTS?

    Why DID WA STATE Government DIVERT our tax dollars?
    TO AVOID FEDERAL LITIGATION.
    Who juggles the books? The WA State Office of Financial Management?
    WHO LEGISLATED Robbing Peter to pay Paul?

    And, WSDOT INTENDS to collect a toll on the I-90 to make up for the $1.5 Billion dollars spent on fish culverts.

    PEOPLE FIGHT BACK ON TOLLING ON I -90 BRIDGE
    Feb 4, 2013 Big TV news story …. WSDOT needs $1.3 BILLION, FOR? …. WSDOT highway and roads maintenance ?

    Subject: WA STATE $1.5 billion CULVERTS FOR FISH PASSAGE
    CULVERTS FOR FISH PASSAGE ON HIGHWAY 520 – WA State

    Another federal judge is presiding over a Tribal lawsuit to enforce the state’s obligation to actively protect fish habitat.

    The cost to implement repairs and provide fish with a smooth and unobstructed water flow may exceed $1.5 billion. (cost estimate in 2007-2009?)
    The Tribes want the culverts fixed within two decades, but WA State lawyers say that would cost $165 million every two years (cost estimate in 2007- 2009?) — 10 times what the state spends fixing culverts now. The state’s alternative plans wouldn’t likely change the costs, but the work would take 50 or more years to complete.

    Why did WA STATE Government doing THIS?
    TO AVOID FEDERAL LITIGATION

    NATIVE AMERICAN LEGAL UPDATE
    Posted on October 21, 2009 by Greg Guedel

    TRIBES SUE TO IMPROVE FISH HABITAT

    Culvert for Fish Passage (ADF&G)
    In a landmark 1974 ruling, U.S. District Judge George Boldt ruled Tribes located near Puget Sound in Washington State hold treaty rights to half the region’s fish resources. Thirty-five years later, another federal judge is presiding over a Tribal lawsuit to enforce the state’s obligation to actively protect fish habitat. “The judge has already found that there’s a treaty right to protect fish habitat,” said Robert Anderson, director of the University of Washington’s Native American Law Center. The question now is “how far the federal courts are willing to go to compel that result?”

    U.S. District Judge Ricardo Martinez ruled in 2007 that treaty rights required the state to take action to enhance salmon runs and fish habitat. He urged the state and Tribes to work together on solutions, but negotiations proved fruitless. More than 1,000 culverts between the Columbia River and British Columbia, most of them owned by the Washington Department of Transportation, are presently blocking or limiting access by fish to hundreds of miles of streams. The cost to implement repairs and provide fish with a smooth and unobstructed water flow may exceed $1.5 billion.

    “The problem is the cost is just huge,” Washington State Department of Transportation Secretary Paula Hammond said. “We already don’t have enough money to maintain and preserve our existing highway system.” The Tribes want the culverts fixed within two decades, but state lawyers say that would cost $165 million every two years — 10 times what the state spends fixing culverts now. The state’s alternative plans wouldn’t likely change the costs, but the work would take 50 or more years to complete.

    SJEL website; Such litigation includes the pending federal “Culverts” litigation brought by the Treaty Tribes to compel the State of Washington to repair, replace, or remove “culverts” that are impeding fish passage, and to protect fish passage in the construction of “new culverts”.

    Ask yourself?
    If my personal budget is balanced.
    Why am I being knocked off a financial cliff inside my own home, by the governments mismanagement of spending debt?

    Why are we being taxed, tolled and fee’d to death? And no matter how much money the government takes from us? There is a still a huge economic problem in our country, state and county? Remove our dams and lakes? Take our water rights? Take our property rights?
    Why don’t we have enough money, for law enforcement to protect us? To educate our children? To keep Medicare?

    WHY ARE THEY DOING THIS?
    Who juggles the books? The WA State Office of Financial Management?
    Who is legislating Robbing Peter to pay Paul?

    An educated guess? WA State FEARS legal battles with tribes, WA State can’t afford to fight the legal issues on the 1855 Point No Point Treaty and the Boldt Decision.

    WA STATE WSDOT $1.5 BILLION FOR TRIBAL FISH CULVERTS, PLUS ON GOING TRIBAL AND OTHER LAWSUITS, AND THE WA STATE DOE, WA STATE WATER RULES, TRIBAL INSTREAM FLOW, SHORELINE MANAGEMENT UPDATES etc…..