Posted by
Cary Wesberry on Saturday, August 09, 2008 5:42:14 PM
Recently I commented on a report from Steven Milloy at FoxNews who discovered that T. Boone Pickens, scam artist and revelatory wind energy supporter, used bills introduced by certain politicians in the Texas State Legislature to allow him the creation of a Fresh Water District in Roberts County thereby giving Pickens Eminent Domain powers.
Legislation was altered to give anyone owning the majority of the value of land in a proposed District the ability to create a Fresh Water District, which allows them to use the water for commercial purposes. A proposed district can encompass many landowners. Fresh Water Districts in Texas have Eminent Domain powers, and now thanks to House Bill 2983 by Representative Creighton and its companion bill in the State Senate, Senate Bill 1179 by Senator Hegar, whoever owns the majority of the value of the total property as determined by appraisal can now vote all by themselves to force the creation of a Fresh Water District regardless of the wishes of the other property owners.
Here is the State House and Senate Analysis on both bills (emphasis mine):
Section 53.014, Water Code, is amended to provide that the petition for the creation of a fresh water supply district be signed by a majority of people who own land in the proposed district that represents a total value of at least 50% of the value of all the land in the proposed district. This is determined by the appraisal roll of the appraisal district in which the proposed district is located. If there are more than 50 people who own land in the proposed district, the petition is sufficient if signed by 50 of those people. This does not apply to petitions for the creation of districts that are submitted before the effective date of this act.
As proposed, S.B. 1179 requires a petition for creation of a fresh water supply district to be signed by a majority of landowners by value in the proposed fresh water supply district or, if there are more than 50 landowners in the proposed district, to be signed by at least 50 of those persons.
Sec. 53.014. REQUISITES OF PETITION. Requires the petition for the creation of a fresh water supply district (district) (petition) to be signed by a majority of the persons who hold title to land in the proposed district that represents a total value of more than 50 percent of the value of all the land in the proposed district as indicated by the appraisal roll of the appraisal district in which the proposed district is located. Requires the petition to be signed by at least 50 persons in the proposed district if there are more than 50 persons holding title to land in the proposed district. Deletes existing text requiring the petition to contain the signatures of 50 or a majority of the electors of the proposed district who own land in the proposed district.
For Roberts County District #1, the so-called "electors" just happen to be T. Boone Pickens' wife and the manager of Pickens' ranch as reported by Steven Milloy at FoxNews. Since Pickens owns the majority of the value of the proposed District, he gets the single vote on its creation as a Fresh Water District. Since the district is a Fresh Water District, it has Eminent Domain powers over surrounding properties. So now Pickens' District can take land as he sees fit to expand his control of the water held in those lands.
(a) To foster the generation and transmission of electricity from clean coal projects, as defined by Section 5.001, renewable energy technology projects, and the capture and storage of carbon dioxide and other greenhouse gases, a district or water supply corporation may allow others to construct, maintain, and operate transmission lines and pipelines over, under, across, on, or along rights-of-way and easements of the district or water supply corporation for transmission of electricity generated by those projects and the transportation of carbon dioxide and other greenhouse gases, unless the use: (1) is incompatible with the public use for which the easement was acquired or condemned; or (2) compromises public health or safety.
(b) The district or water supply corporation is not required to obtain additional consideration for the construction, maintenance, and operation of the transmission lines and pipelines under this section if the person constructing, maintaining, and operating the transmission lines and pipelines bears all costs of the construction, maintenance, and operation of the transmission lines and pipelines and restoring the property. The activities authorized by this subsection may be exercised only with the consent of and subject to the direction of the governing body of the district or water supply corporation.
(c) A person that is subject to Subsection (a) that acquires a right-of-way easement on real property for a public use may include in the notice of the acquisition a statement that to foster the generation and transmission of electricity from clean coal projects as defined by Section 5.001, Water Code, renewable energy technology projects, and the capture and storage of carbon dioxide and other greenhouse gases, water districts and water supply corporations may allow others to construct, maintain, and operate transmission lines and pipelines over, under, across, on, or along the rights-of-way and easements for the transmission of electricity that is generated by those projects and transportation of carbon dioxide and other greenhouse gases, unless the use: (1) is incompatible with the public use for which the easement was acquired or condemned; or (2) compromises public health or safety.
(d) This section applies only to a right-of-way or easement acquired by the district or water supply corporation on or after September 1, 2007.
(e) This section does not apply to a right-of-way or easement that is used for the transmission of electricity without the consent of a person owning the transmission lines if that use began before September 1, 2007.
How does all this tie-in to T. Boone Pickens' idiotic wind energy campaign? What does water have to do with wind energy? Simple. Refer back to Steven Milloy's report at FoxNews:
What’s this got to do with Pickens’ wind-power plan? Just as he needs pipelines to sell his water, he also needs transmission lines to sell his wind-generated power. Rights of way for transmission lines are also acquired through eminent domain -- and, once again, the Texas legislature has come to Pickens’ aid.
T. Boone Pickens can create the Fresh Water District in Roberts County, through Eminent Domain acquire the right of way for transmission lines, and do it all without anyone but his wife, his ranch manager, and himself voting on it. Creighton, Hegar, and Puente in the Texas House and Senate paved the way for Pickens with the legislation shown above.
The "Pickens Plan" is to scam the American People into believing the impossible for no other reason than to make T. Boone Pickens more money through Eminent Domain allowing him to acquire right of way for water pipelines and transmission lines. Every time he takes land for those transmission lines and pipelines, more windmills can be erected. If he can convince America that windmills can actually make us energy independent; the more windmills that go up the more money Pickens makes. Create Fresh Water Districts by holding the majority value of the proposed District, use Eminent Domian to acquire more water rights and the right of way, build the lines, construct more windmills, make more money.
Creighton, Hegar, and Puente especially, need to be held accountable for the sneaky underhanded legislation they introduces and got passed the People of Texas. We don't want more wind, we want more domestic drilling! And for the love of God, we do not want T. Boone Pickens' grubby fingers in our energy!
The jig is up politicians in Austin, Texas. You will do what the People demand, you will do your jobs, and you will pave the way for increased domestic drilling. Eject scam artists like T. Boone Pickens from the equation. We did not elect you to sneak power-grabs behind our backs for the purpose of supporting proven failures like wind energy. Whatever T. Boone Pickens gave you; give it back. Whatever he promised you; ignore it. Texas wants no part of the "Pickens' Plan". If we want cheaper energy and independence, and we do, then create more nuclear power plants instead of attempting to dot the Texas countryside with windmills built by a lunatic who wants to take our property by force and scam us out of our own money.
It is offensive just how stupid politicians believe we are.