Controversy Over Water Rights

Controversy Over Water Rights Water Rights: Over 200 Years of History and Still Controversial Water is essential to life, not only human life, but also the life of plants and agriculture. Water is also the essence of life, which means laws have to be made to â€Å"be fair† to everyone that needs water for their land and their agriculture. That is why the Colorado, along with most of the United States, has water rights and laws. Water and water rights have been an issue ever since the mid to late 1800s when â€Å"the water laws first originated during the California Gold Rush in 1848† (Waskom, et al.). The laws were then brought to Colorado during the gold rush of 1859, and put into the state constitution in 1876. It was named the Doctrine of Prior Appropriation or the Colorado Doctrine (Waskom, et al.). Ever since then, water has been fought over constantly and will be fought over until the end of times. It is a valuable source to our survival and also controversial. The history of water rights and water controversy dates all the back to the California Gold Rush during the mid 1800s. As farmers began to migrate in to the state of Colorado, they found a many sunny days and low humidity, and with the right amount of water, they could make crop production rise. However, the Census from 1910 says that Colorado only received about 12-15 inches of rain when farmers first started to arrive. 12-15 inches was not enough for sufficient farming so farmers had to find an alternative water source (qtd. in Penn and Zietz 25). As farmers began to migrate to Colorado, the amount of water needed for farms rose. In the Development of Water Right in Colorado: An Empirical Analysis, Penn and Zietz quote: Early irrigation works in the 1860s were often simple, consisting of a crude stream diversion and a short ditch. Soon, however, farmers discovered that they must combine to build and maintain expensive irritation works; these organized efforts were termed ‘irrigation enterprises’ by the Census Bureau. Between 1860 and 1880, nearly 1,600 new irritation enterprises came into existence. The number of irrigation enterprises more than doubled in the 1880s so that by 1890, 58.9 percent of all farms and 19.4 percent [sic] all land in farms were irrigated. By 1900, 71.3 percent of all farms in the state were irrigated. (26) Penn and Zietz speak of 3 distinct time periods that affected the history of water rights. The first period they speak about was from 1872 to the early 1890s where the majority of court cases were held to deal with upholding and refining the doctrine of prior appropriation. During the second period from the early 1890s to about 1904, courts saw many cases involving irrigation enterprises, which dealt with defining the rights of irrigation cooperatives and partnerships. During the third period, which began in 1905, courts saw many cases regarding storage reservoirs, water rights transfers, and changes in the point of diversion (Penn and Zietz, 26-27). The earliest important case according to Penn and Zietz was seen in 1872 when the Yunker v. Nichols case was seen in the Colorado Supreme Court. This case recognized the need for diverting water from the watercourse. Chief Justice Hallet came to the conclusion that: In a dry and thirsty land it is necessary to divert the water of streams from their natural channels, in order to obtain the fruits of the soil. The value and usefulness of agricultural lands, in this territory, depend o the supply of water for irrigation, and this can only be obtained by constructing artificial channels though which it may flow over adjacent land. (27) To this day, many cases go in and out of courts regarding water rights. It is an on going batter between farmers, states, and whoever else use rivers, streams, irrigation, reservoirs, etc. These cases will continue to roll through courts around the United States. However, without these water rights and laws, states along with farmers would go into riots. â€Å"Many of the developments in water rights in the rest of the Western United States derive in one war or another from the Colorado System† (Penn and Zietz 24). Colorado’s laws have impacted the surrounding states along with states that have adopted Colorado’s ways. Colorado has been the stepping-stone for water rights throughout history and will continue to be. Court cases of water rights are seen around the state of Colorado; however, there is a case that hits close to home in Northeastern Colorado. A small town farmer from the area of Holyoke and near the Nebraska border was involved in a case that changed water rights forever. The Sporhase v. Nebraska case of 1982 was a very controversial case that was taken from a small town all the way to the Supreme Court. Sporhase had land in both Nebraska and Colorado because he lived in the Northeastern corner of the state. Sporhase applied to the Colorado Ground Water Commission to appropriate water to irrigate his land in Colorado from the aquifer that was located beneath the ground. Sporhase was rejected of this application and then decided to invest large sums of money into putting an underground pipeline system beneath his ground to extract water from a well that was across the border in Nebraska. The Department of Water Recourses received a complaint about Sporhase extracting water from Nebra ska and using on Colorado land, which was said to be a violation of the Nebraska statute. Nebraska later sued Sporhase â€Å"to enjoin him from irrigating the Colorado land from his Nebraska well† (Green 924). â€Å"A Nebraska statute required the permission of the Director of Water Resources before groundwater could be transferred across enemy lines.† (Garrett 715-716). During the case, the Supreme Court had to solve an issue that dealt with whether water should be classified as an article of commerce, which would be subject to Congressional Regulation like other natural resources (Green 927). â€Å"An article of commerce is an article (or a resource in this case) that can be offered for sale† (Article of Commerce). Nebraska brought forward three main points that they hoped would sway the decision of the jury. Nebraska first attempted to distinguish water from other natural resources by saying the state makes saving water their top priority because water is the essence of survival for their citizens. In their second argument, Nebraska argued that its water statute was â€Å"a legitimate exercise of the state’s police power to protect the health of its citizens and conserve natural resources.† The third argument, Nebraska argued that congress had given them permission to engage in impermissible groundwater regulation (Green 928-929). In defense, Sporhase used the City of Altus v. Carr case as an example and argument to help his side of the present case. This case â€Å"invalidated a Texas statute that prohibited interstate exportation of groundwater without prior approval of the Texas legislature on the grounds that such restrictions violated the commerce clause† (927). This case was relevant to Sporhase because, in Texas, like Nebraska, landowners do not have a comparable right because water is not privately owned. In the end, the Supreme Court decided in a 7-2 decision, that water is an article of commerce and Sporha se was allowed to keep pumping water from his Nebraska well to his Colorado field (927-930). The decision of this court case set the tone for future court cases that had to do with water because of the decision of water being an article of commerce. When laws and rights are made, they have to be followed. Water rights go along the same lines and this was seen in 2011 when Bonny Reservoir in Yuma County had to be drained to repay Kansas and Nebraska for water that Colorado had used. This came from a 1942 agreement between the three states that claimed the three states had to share water. Colorado had to give up 4 billion gallons of water in order to repay the debt that Kansas claimed Colorado owed them due to the Republican River Compact. â€Å"The compact collected dust for years until Kansas water officials noticed they were not getting enough water from Nebraskas and Colorados portion of the river† (Bonny Reservoir). Colorado looked for many alternatives rather than draining Bonny Reservoir, but all seemed too expensive. The reservoir was drained during Labor Day weekend of 2011, and pushed up the Republican River towards the Kansas-Colorado Border in order to repay the debt to Nebraska and Kansas under the Republican R iver Compact (Bonny Reservoir). Water rights are seen throughout the United States and very much so in the western part of the United States. Water rights come up very often in our local news in Northeastern Colorado along with Colorado. With the increase in technology and agriculture, disputes over water will continue and be on the rise during the future. There will never be an end to this madness because no one will ever be able to get a fair or equal amount as the next person. As water becomes scarcer, the disputes will become more intense and farmers and ranchers will need to find alternatives. Until then, water rights will be taken to courts all across the country to try and make these disputes as fair as possible. Work Cited Article of Commerce. Dictionary.com. Dictionary.com, n.d. Web. 17 Feb. 2014. http://dictionary.reference.com/>. Bonny Reservoir Could Be Drained Because of Water Deal with Nebraska, Kansas. The Denver Post. The Denver Post, 27 Aug. 2011. Web. 17 Feb. 2014. http://www.denverpost.com/ci_18771111 Garrett, J.S. Federal Intervention in Groundwater Regulation: Sporhase v. Nebraska Ex Rel. Douglas, 18 Tulsa L.J. 713 (1982) Green, Mary A. Water Law- Sporhase v. Nebraska. Natural Resources Journal 23 (1983): 923-31. The University of New Mexico. The University of New Mexico. Web. 17 Feb. 2014. http://www.unm.edu Penn, David, and Joachin Zietz. The Development of Water Rights in Colorado: An Empirical Analysis. The American Economist 55.2 (2010): 24-35. EBSCOHOST. Web. 17 Feb. 2014. http://web.a.ebscohost.com/ehost/pdfviewer/[emailprotected]5vid=5hid=4207>. Waskom, R., et al. Irrigation Ditches and Their Operation. Natural Resource Series (2011): n. pag. Colorado State University Extension. Colorado State University, Feb. 2011. Web. Feb. 2014. http://www.ext.colostate.edu/pubs/natres/06701.pdf>.

Catholic belief

The story is about the journey of a little boy, Antonio Marez, to manhood as he tries building his person while trying to make sense of the world that he lives in and the people around him. While he was growing up, Antonio, as well as his family, has been learning a lot of life lessons from Ultima. Ultima was known for her supernatural healing powers, magic and wisdom. She has been staying with the Marez family since Antonio was still a little boy. Throughout the story, Ultima has tried to inculcate the lesson of self-sufficiency and independence with regards choices in what to beliefs and morals.Growing up, for Antonio, with his mother and father had been difficult in terms of making decisions and foretelling what the future offers for him. Torn between the choice of being a cowboy or a priest, Antonio often wondered what was in store for him in the future. Antonio’s mother, Maria, who was a devout catholic, wanted Antonio to become a priest. While his father, Gabriel, wanted him to be a cowboy who wanders through the desserts, just as he was when he was still younger. This often led him to wonder what he would grow up to become.As Antonio was growing up, his thoughts were bombarded with several questions about morality, wickedness, and sins that trouble the world. He had several experiences regarding the Catholic ways, his friend’s debunking of the Catholic belief, and the supernatural as he saw in Ultima’s healing powers and other events as such. At one point, Antonio spoke, â€Å"God! Why did Lupito die? Why do you allow the evil of the Trementinas? Why did you allow Narciso to be murdered when he was doing good? . . . A thousand questions pushed through my mind, but the Voice within me did not answer.† These questions he asked during his first communion, and these were the same questions that have been bothering him all along. Through all these confusion, Ultima could only teach him one lesson, and that is his control over his d estiny. Regardless of culture, beliefs and morals of the family, religion, etc. who he is, should be what he wants to become. Ultima shows Antonio and his family that there are no limits or boundaries to a person. What’s more important is how good a person one becomes despite all conflicting encounters or experiences.Ultima always told him to take everything that he has learned, whether it be from the Virgin Mary, the Golden Carp, or the magic of supernatural healing, and make a new and better person out of it. He thought, ‘Take the llano and the river valley, the moon and the sea, God and the golden carp-and make something new,' I said to myself† (Anaya, 247) Antonio has really learned his lesson, as he said, â€Å"I had been afraid of the awful presence of the river, which was the soul of the river, but through her I learned that my spirit shared in the spirit of all things† (Anaya, 15)Antonio remembers everything that Ultima has said to him, and eventual ly these things have shaped him into a morally independent person, capable of making decisions and believing in things on his own. He remembers what Ultima has said to him, â€Å"There are so many dreams to be fulfilled, but Ultima says a man's destiny must unfold itself like a flower, with only the sun and the earth and water making it blossom, and no one else meddling in it-† (Anaya, 223)

NeoMed Technologies Essay

NeoMed Technologies developed a diagnostic device used for cardiac testing, and is headquartered in Ohio. They developed a CAD screen system to detect coronary artery disease. The company was founded in 2000 and is based in Cleveland, Ohio. NeoMed Technologies was faced with a lot of difficult decisions at the beginning when it came to where their product would best fit and be most successful. They had developed a technology that could fit into many markets, but needed to choose a product path and market. Their continued challenges occurred due to the changes in the market direction of venture capital opportunities and the funding available, all due to changes in the economy at that time. Due to the lack of funding, and a continued decline in Venture Capital funding along with a downturn in the economy; I believe had the economic situation been different at the time when they needed venture capital funding, the would’ve faced less challenges. The management team and Board of Directors were selected carefully and all had the experience and the background needed for success in the product market space. NeoMed Technologies had a strong business plan, and had conducted extensive research in initial planning stages. I believe based on the reading materials in this chapter; they did all the right things in the planning and early development stages. Although NeoMed Technologies had to contend with big name competitors and major players in the diagnostic and imaging market such as GE Medical and Philips, also located in the Ohio region; their strategy to be headquartered in Ohio was a sound decision. However, they should’ve investigated further in the opportunity to obtain venture capital funding outside of the Ohio region. Perhaps they could’ve spent more time studying competitive business cases of companies like competitor, HeartCheck, who specializes in the EBCT test. The HeartCheck product, although more costly, had seen success and was widely accepted in the Medical field. Despite the added cost of the HeartCheck EBCT test, they were seeing success in the market. One strategy change I would’ve considered early on was not applying all resources of their technology into one area. NeoMed Technologies should’ve considered  applying their initial product development to the technology of screening for drugs, drug delivery applications or detecting cancer. These areas would’ve possibly allowed for a quick to market product, without the additional approvals, quality standards applied in the medical equipment space, and FDA approvals needed. Bringing a simpler product to market first could’ve brought in revenue to fund the long-term product focus of a CAD screen system. The profits from a drug screening or drug delivery product could’ve assisted in funding their long-term product focus, they missed an opportunity to develop a quick revenue steam. In addition, NeoMed Technologies could’ve seen success early on in the Homeland Defense space, for detection of nuclear weapons, or dirty bombs. With the shift later in Venture Capital funding opportunities, they could’ve experienced success in this area as well. Bottom-line, they put all their eggs in one basket; they failed to have a backup product to develop a quick revenue stream to further fund their long-term goal. However, without a crystal ball that was a difficult decision. There were clear signs of shifts in investment opportunities, the shift indicted investments being shifted towards Homeland Security, military applications, and protection from various biological and chemical threats. NeoMed Technologies should shift some of their resources to developing a product to fit into that area, thus allowing them the opportunity to obtain additional venture capital funding, and perhaps developing a profitable product in the Homeland Security space. The revenue stream from this product would allow them later to proceed with their CAD screen system. There was another area of investment that should’ve been further investigated, â€Å"Angel Investors†, most of who are Entrepreneurs themselves currently, or at some point in their career. Inviting one of the Angel investors a seat on the board, as well as leveraging the experience they have gained from starting their own company, dealing with the challenges of starting a business, and investigating further Venture capital funding areas. NeoMed Technologies should’ve reached out farther than just the Ohio-based Venture Capital firms, this would’ve allowed them a broader audience of investors and opportunity. I don’t believe holding off for perfection is necessarily wrong, especially when dealing with, and factoring in the value of human life. The NeoMed Technologies board of directors and  upper level management all appeared to encompass strong ethics and while that might be a weakness to others, ethics are important and should never be compromised. Too many companies take the short cut to success and people get hurt.

Marketing Plan For A New Food Supplement Essay - 830 Words

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