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

Steve Smith sasmyth at swcp.com
Fri Jan 21 18:48:22 EST 2022


I've been dropping notes (poems) in a bottle in the Rio Grande for 
decades now... I suppose if I offered them for sale to down-river folks, 
that would suffice (even one single annual sale?)

Cody, wanna buy a poem in a Bulliet Rye bottle?   It is up to you to 
wait at the banks of the Rio Grande to catch it.   Actually you would 
need to go paddle-board around Cochiti lake to find it I suppose.

On 1/21/22 10:24 AM, Stephen Guerin 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 <mailto: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 <http://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 <mailto: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
>     <http://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
>             <mailto: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
>             <http://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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