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Water ordinance special report in progress

by Skye KinkadeMt. Shasta News
May 12th, 2010

Mount Shasta, Calif. —

Mount Shasta city staff is busy working on a special report regarding the proposed Mt. Shasta Community Water Rights Ordinance, which was ordered by council on April 26. The report will be presented to the council on Monday, May 24, said city manager Kevin Plett.

Working with proponents of the Ordinance, city staff is reviewing the 14 page document with the help of the city attorney to answer several concerns brought to light at last month’s meeting by councilor Tim Stearns, who is an attorney by profession.

Stearns stated he was concerned the ordinance was worded so that there might be unintended consequences, such as the city not being able to supply water to customers outside city limits and the city being held liable to conduct testing for any resident who feels they may have been affected by chemical trespass.

Supporters of the Ordinance, including local residents Molly Brown, Ami Marcus, Tatiana Diakoff and Angelina Cook, say Stearns concerns are unnecessary, and they addressed several of the issues in a post on the Shasta Commons website.

Proponents contend that although the Ordinance asserts that chemical trespass against natural communities, ecosystems, and human communities is illegitimate and illegal, it prohibits only chemical trespass of chemicals used in corporate cloudseeding.

Though the Ordinance does prohibit corporations from extracting water from within city limits, proponents say it specifically exempts the City of Mount Shasta.

The Ordinance says if the community has reason to believe the ordinance has been violated, the City would be required to fund the testing of 10 residents to determine if chemical trespass has occurred. However, beyond that, proponents say the ordinance does not require the city to fund the testing of additional individuals, but instead states that the city must “make all reasonable efforts to provide financial resources for the testing of additional residents.”

The Ordinance wouldn’t prohibit people from cutting down trees or taking any actions that affect nature, according to proponents, because it applies only to corporations engaged in cloud seeding or water extraction for resale and export.

“This ordinance is not about stopping business,” proponents state. “In fact it’s about encouraging business that Shasta residents want to come into the community.”

All of these concerns and more will be addressed in the special report, Plett said.

“There is quite a bit of time involved [in the special report process.] Due to the broad nature and the number of concerns, the process has been difficult,” Plett stated.

Though Plett said staff is making every effort to have the report complete well before the May 24 meeting, he added that this may not be possible.

If the ordinance is placed on the general election ballot in November, it will cost the city about $1,500. Preparation of the special report has already cost the city “up to $5,000,” Plett added, due to the complexity and amount of time staff has spent on it.

For a complete look at the proposed Ordinance, visit www.shastacommons.org

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