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

Fri Jan 21 12:37:08 EST 2022

Or commerce could simply be a transaction site to pay people for imagery to
map and monitor the river from their watercraft navigating the river (USV
boat drone, paddleboard, kayak, canoe or other). A DAO or 501.c3 could be
set up to manage the process and receive grants and donations.
_______________________________________________________________________
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 10:24 AM Stephen Guerin <stephen.guerin at simtable.com>
wrote:

> 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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