[FRIAM] New Mexico Rivers and Navigable Servitude [was: One of many things the country is fucked on]

Fri Jan 21 12:16:53 EST 2022

Cody,

Noticed that issue made international news and was covered by the Guardian
in 2018.

https://www.theguardian.com/environment/2018/mar/15/privatized-rivers-us-public-lands-waterways

I suspect you're aware but didn't mention is Federal doctrine of
"Navigable Servitude" that ties navigability to State Ownership that
prevents the riverbed from converting to private land.

   - See:https://en.wikipedia.org/wiki/Navigable_servitude
   -
   https://www.americanwhitewater.org/content/Wiki/stewardship:navigability
    Note from this article the concept of proving "Susceptibly of Commerce"
   " If the river has ever been demonstrably been used for commerce, then
   it can readily be found navigable under federal law. However, many states
   have also accepted demonstrations that the waterway is merely capable of
   commerce as proof of susceptibility.

   Commerce refers to the ability to transport goods to or from market, or
   for sale. Commerce inherently includes the right of navigation. Commerce
   and therefore navigation includes transportation of timber, as well as
   transport by barge traffic or oceangoing ships. Some states have also
   accepted evidence of use by a commercial raft company, or kayak or canoe
   school as evidence of commercial navigability.

   If the river was used for transporting goods for sale prior to
   statehood, then the river is clearly navigable by federal definition. As
   such, the bed and the bank up to the mean high water mark are owned by the
   state and held in trust for the public."

It would be interesting to have a site to track craft GPS and imagery to
continue to maintain public ownership. The Realtime.Earth app could be a
kind of crowdsourced RiverView ala Google Street View. I also wonder what
would qualify as craft as navigation. Certainly barges with no onboard
pilots and dragged by mules on the side and "remote piloting" qualified. I
would think a legal argument could be made drone craft with GPS and
cameras qualify as navigation craft. Also would be safer given the barbed
wire obstacles.

WRT to establishing commerce, we can set up a Culinary Mushroom delivery
service where supply is put in on the river (up or downstream as a drone
boat can probably handle it) and customers retrieve the Culinary (or other)
mushrooms somewhere else. Citizens can buy a Crypto Coin to support the
project as well as convert their Coins as they are backed by mushrooms. As
we've talked about at the office, this could be the worlds first Fungible
Currency and imagery could be sold as Fungible Tokens :-)

-Stephen

_______________________________________________________________________
Stephen.Guerin at Simtable.com <stephen.guerin at simtable.com>
CEO, Simtable  http://www.simtable.com
1600 Lena St #D1, Santa Fe, NM 87505
office: (505)995-0206 mobile: (505)577-5828
twitter: @simtable
z <http://zoom.com/j/5055775828>oom.simtable.com

On Thu, Jan 20, 2022 at 3:22 AM cody dooderson <d00d3rs0n at gmail.com> wrote:

> Forgive me while I hijack this rant to append my own political rant?
>
> Here is some background. I live in New Mexico, which is a land of very
> little water. Last year I got interested in stand up paddle boarding in the
> few rivers that annually have enough water to float on. It is a great way
> to see wildlife and avoid the summer heat. New Mexico is lucky enough to
> have a state constitution that protects people's rights to use waterways
> [1].
> Our previous Governor, who was basically a spokesperson for rich private
> interests (AKA Texans), silently made a rule that allowed land
> owners (Texans) to put barbed wire across the rivers. It only takes a few
> fences to make a river non navigable by inflatable boat. That rule is
> mostly not enforced because it is unconstitutional, and unfair. It is
> currently on it's way to the supreme court. I probably don't need to
> mention that the rich landowners have much more money in this fight than
> the rafters and fisherman.
> In the meantime, our current governor, who is a Democrat with some
> arguably dictator-like tendencies, has started to fire every game
> commissioner who refuses to enforce the previously mentioned
> unconstitutional rule. There have been 2 so far [2]. I am curious what
> her motivations are. Is there such a thing as lobbyist induced Stockholm
> syndrome?
>
> Cody Smith
>
> [1] New Mexico Consttution. Article 16 Section 2.
> https://ballotpedia.org/Article_XVI,_New_Mexico_Constitution
> [2] Much more information with links.
> https://www.reddit.com/r/Albuquerque/comments/s3zdrk/governor_removes_another_qualified_commissioner/
>
>
>
> On Fri, Jan 14, 2022 at 2:08 AM Jochen Fromm <jofr at cas-group.net> wrote:
>
>> Let me try to view it from a complexity perspective:
>>
>> After the Cold War we thought capitalism has won and communism lost, but
>> it is not that simple. Now we see the drawbacks of capitalism too.
>> Companies in capitalism were forced to reduce their costs and all the jobs
>> went to China where most supply chains end now. Nature is exploited in
>> capitalism globally on a unprecedented scale. The climate is broken and the
>> world is burning. The world drowns in waste: plastic waste, nuclear waste,
>> e-waste, ....
>>
>> The system is not only producing trash, it even sells trash wrapped in
>> lies. Fast food corporations ruin our health by selling fake food and
>> paying their workers extremely low slave wages. They spend a lot of money
>> for ads and marketing though, but marketing can be considered as the art of
>> lying. Amazon has successfully destroyed all bookstores and pays its
>> workers in fulfillment centers not enough to make a living. Facebook aka
>> Meta helps to destroy democracy while Mark Zuckerberg enjoys his life in
>> his giant estate in Hawaii.
>>
>> Gil is right, the world is broken in many ways. Obviously we need to
>> support our politicians in understanding the mess and in finding ways to
>> fix it. Complexity science helps us to study complex systems on a large
>> scale, to understand how they work, how they interact and how they can
>> fail. The SFI in Santa Fe is known worldwide as a promoter for work in this
>> important area, even if it might appear as a shabby or boring building to
>> local residents.
>>
>> -J.
>>
>>
>> -------- Original message --------
>> From: Stephen Guerin <stephen.guerin at simtable.com>
>> Date: 1/14/22 05:31 (GMT+01:00)
>> To: The Friday Morning Applied Complexity Coffee Group <friam at redfish.com>
>>
>> Subject: Re: [FRIAM] One of many things the country is fucked on
>>
>> Gil,
>>
>> I love you, man. Maybe a little less gratuitous graphic imagery in the
>> rants.
>>
>> Extra points if you can tie the rants to some kind of Complexity
>> perspective -  Not that that is too common here. :-)
>>
>> -Stephen
>> _______________________________________________________________________
>> Stephen.Guerin at Simtable.com <stephen.guerin at simtable.com>
>> CEO, Simtable  http://www.simtable.com
>> t1600 Lena St #D1, Santa Fe, NM 87505
>> office: (505)995-0206 mobile: (505)577-5828
>> twitter: @simtable
>> z <http://zoom.com/j/5055775828>oom.simtable.com
>>
>>
>> On Thu, Jan 13, 2022 at 4:31 PM Gillian Densmore <gil.densmore at gmail.com>
>> wrote:
>>
>>> The maslows are just fucked. Reason number 99999 out of googolplex.
>>> To save myself a lot of mental wear and tair. and to save some on gass.
>>> I had hoped I could shop amazon pantry. for at least some of it.
>>> -a lot of the basics: breakfast cerials, or bagels aint available for
>>> SNAP,or even at all where I am geographically speaking. I guess bozo the
>>> the clown doesn't consider santa fe a real place. Welcome to club ahole.
>>> -Snack stuff is equally hit and mis for just being available
>>> -same for cleaning sprays and gels
>>> Oh but I can get my cookies and MnMs on all I want.
>>> The very fact that 500 some odd twats even consider a weekly alowence er
>>> um sorry "Universal income" as a question. Is just fucking stupid.  If they
>>> can't even get around to, uh ya know fixing the economy, having universal
>>> healthcare and blah blah. They sure the fuck can get the havenots like
>>> yours truely a god damn alowence. my SDI from inflation just don't go all
>>> that far. And trumpster types winge about 'oh being lazy blah blah' .they
>>> see the news, they know, just as well as this list does.  Jobs sucked a fat
>>> dick back in 2014 because of slave-wages. they suck more now because of
>>> that, and covid reasons. Plus fact is not 100% of people can work if they
>>> want to. Just not enough slots to do that.
>>>
>>> I fail to understand why it is that with a super fragile ecosystem home
>>> delivery is just a basic. Getting out for fresh is great. Telling what's
>>> left of air to get reked not so much.
>>>
>>> -Me the one sane dude left.
>>>
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