[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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