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

Fri Jan 21 12:24:27 EST 2022

or commerce and navigability may be accomplished by a NM Stream Commission
contract to continuously survey the waterway bathymetry with unmanned
surface vehicles:
  https://www.oceanalpha.com/product-item/sl40/
_______________________________________________________________________
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 Fri, Jan 21, 2022 at 10:16 AM Stephen Guerin <stephen.guerin at simtable.com>
wrote:

> 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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>>>
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>
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