Coyote Gulch

 



















































































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  Wednesday, May 31, 2006


Internet Neutrality

Lawrence Lessig: "In a rare spin into politics, ebay's Meg Whitman has written to eBay community members asking them to write members of Congress to get them to support Network Neutrality legislation...This is a critical time. Congresswoman Zoe Lofgren is my favorite leader on this issue. After just barely squeezing a victory in the House Judiciary Committee last week, the press is on now for the vote on the floor. The Congress Daily (which can't be linked to) estimates about a $1 million per week is being spent on ads by telecom and cable companies to fight neutrality legislation."

"2008 pres"
6:36:47 PM     


Federal Marriage Amendment?

Andrew Sullivan: "So what exactly is wrong with the process as it has played out? In a diverse country, states get to decide their own marriage policies, as has always been the case in the U.S. The FMA or MPA is essentially saying: this process is irrelevant. Why? Why should there be a federal imposition of a single rule on a question which provokes genuine disagreement? On an issue where public opinion is in flux, and where the next generation seems to have a very different view than seniors, it is prudent and conservative to let states take the lead. Besides, no one believes the FMA stands a chance of passing. So why take valuable time to debate something federally that has already been debated and dealt with by the states? We know the answer: it's a naked political attempt to appeal to some voters by whipping up fear and prejudice against others. It's despicable - and a sign of how degenerate American conservatism now is."

"2008 pres"
6:27:49 PM     


Unity08

Wash Park Prophet: "Denver based group Unity08 is trying to launch a temporary third party for the 2008 Presidential election. My reaction is simple. I hope it will shrivel up and die. Fortunately, given the way the system works, I am likely to get my wish. It has no candidates lined up and not much of an agenda."

"2008 pres"
6:06:13 PM     


Conservative Fatigue Syndrome

Jon Swift: "I hope my loyal readers will forgive me if I get a little personal and reveal something very distressing that has happened to me lately. In the past few weeks, I have been feeling a profound sense of fatigue, an inexplicable emptiness. These feelings have been accompanied by crazy, almost hallucinatory thoughts, moments when I wondered if President Bush wasn't the greatest President who ever lived, if the aftermath of Hurricane Katrina and the War in Iraq could have been handled better and if immigration was being adequately dealt with like the emergency it has suddenly become. At first I thought it might have something to do with fluoride in the water, but switching to pure spring water failed to dissipate my ennui (if you'll excuse my French). Finally, I went to see a doctor and after a series of tests he was able to diagnose my malady. 'I am very sorry to have to tell you this,' he said looking down, avoiding my eyes. 'You have Conservative Fatigue Syndrome.'"

Thanks to Andrew Sullivan for the link.

"2008 pres"
7:10:45 AM     


Constitutional crisis?

Gary Hart and Joyce Appleby (via the Huffington Post): "Like some wasting diseases, this constitutional crisis began years ago - with the Cold War in fact. The communist threat at the end of World War II, part of it real and part of it self-generated, wrought substantial changes in our balance-of-power, checks and balances constitutional system. Authority shifted to the executive branch. Much of this shift came from an outright grant of power by successive Congresses unwilling to assume responsibility for conducting a novel kind of warfare that was not concentrated on the open battlefield but in the back alleys of the world."

"2008 pres"
7:08:12 AM     


Gore for president?

TalkLeft: "Al Gore told the Guardian the Bush administration is a band of right-wing extremists. He also repeated his now familiar refrain that he is a 'recovering politician.' Yet when the Guardian pressed him on a 2008 run, he gave non-definitive denials. My prediction remains that he won't run."

"2008 pres"
7:04:32 AM     


Marriage initiative

Rocky Mountain News: "Some of the most powerful Christian groups in Colorado are giving a guarded response to a ballot initiative that seeks to prohibit legal recognition of same-sex couples. The Colorado Catholic Conference and the National Association of Evangelicals have declined to take a stand on the measure sponsored by state Rep. Kevin Lundberg, R-Berthoud, and retired car dealer Will Perkins, of Colorado Springs. Colorado Springs-based Focus on the Family, on the other hand, supports the Lundberg-Perkins effort to change the state constitution to prohibit government agencies from recognizing or creating 'a legal status similar to that of marriage.' Supporters soon will begin collecting petition signatures despite the threat of a state Supreme Court challenge. Focus on the Family, the NAE and the Catholic Conference are all part of a coalition of Christian groups called Coloradans for Marriage, formed last year to campaign for a constitutional amendment banning gay marriage. The group debated whether to include language prohibiting domestic partnerships and civil unions - supported by Focus on the Family - but decided in January only to tackle the definition of marriage. Jon Paul, executive director of Coloradans for Marriage, has taken a hands-off approach to the Lundberg-Perkins measure."

"denver 2006"
6:52:43 AM     


Owens and the fall ballot

Governor Owens is effecting the fall gubernatorial election without being able to run, according to the Denver Post. From the article, "Gov. Bill Owens this year might not break his 2005 record of 47 vetoes. But he's getting close, having vetoed 32 bills as of Tuesday and issued four partial vetoes. In the process, he has helped create an agenda for the governor's race and for the 2007 legislature. Owens has vetoed several consumer bills, including a measure designed to lower some prescription drug prices, a bill to require more oversight of state contracting and a measure giving the state more flexibility in setting air-quality standards. He also vetoed a bill that would have protected homosexuals from employment discrimination. Several of the vetoed measures have surfaced before, and Democrats who back them are likely to raise the vetoes as a campaign argument for keeping Democrats in control of the legislature and putting a Democrat in the governor's office."

"denver 2006"
6:46:33 AM     


Selling federal land?

Denver Post: "For years, selling off some of the U.S. government's vast land holdings has been a goal of many Western conservatives. But now it's become the third rail of the region's politics: touch it and you'll get burned. Consider the reaction to the Bush administration's proposal this year to sell off hundreds of thousands of acres of national forests and other public lands: Sen. Conrad Burns, R-Mont., declared the plan 'dead on arrival.' It was quickly rejected by the public and disowned by Republicans in Congress. Now, the selloff proposal - while it remains alive - has been pushed into the shadows. Even President Bush's new interior secretary has spoken out against a key aspect of the plan."

"2008 pres"
6:43:31 AM     


Unity08

It looks like there will be a 3rd party challenge to the Democratic and Republican parties in 2008, according to the Denver Post. From the article, "Fed up with the current state of national politics, a bipartisan, independent political organization named Unity08 launched nationwide Tuesday, vowing to offer voters an alternative ticket in the next presidential race. The group said it intends to offer a split ticket, with one Democrat and one Republican or an independent. Unity08 named Denver as its headquarters, citing the number of moderate voters in Colorado and the fact that many political observers consider it a 'purple,' or swing, state. The formation of what is essentially a third party comes in response to the increasing polarization between Democrats and Republicans and their focus on special interests and issues that often cater more to the extreme elements of their parties, said founders of Unity08...

"Unity08 differs from previous third-party presidential bids in that it does not have a presidential and vice presidential candidate attached to it. Rather, citizens will pick the ticket - made up of a candidate from each major party or an independent - through an online convention in spring of 2008. No one would be asked to leave their current political party. While winning the White House is the primary goal, getting Republicans and Democrats to listen to mainstream voters is also high on the list, organizers said...

"Organizers of Unity08 have already started fundraising and are waiting to hear from the Federal Election Commission as to whether they must designate themselves as a party or a political committee. Regardless, Jonas said, all of the group's donations and expenditures will be made public. Additionally, there is a $5,000 cap on donations, and corporate and political action committee contributions are banned...

"[David S. Maney] and Jonas are Republicans with businesses in Denver. Other political veterans behind the movement include: Doug Bailey, a former GOP consultant and co-founder of The Hotline, a Washington, D.C.-based political news website; Nicco Mele, Internet strategist and webmaster for Howard Dean's presidential bid in 2004; Gerald Rafshoon, former communications director for President Carter; Angus King, former independent governor of Maine; Roger Craver, a Democratic fundraiser and consultant and co-founder of The Hotline. Jonas said he does not expect officials at the two major political parties to take Unity08 seriously - right away."

More coverage from The Moderate Voice. Mr. Gandleman writes, "People continue to speculate on the need for some kind of strong third party to offer an alternative to the two prime political parties, which are increasingly seen by many as bloated, political beached whales."

"2008 pres"
6:39:44 AM     


Fountain Creek lawsuit
A picture named fountaincreek.jpg

Here's an update on the lawsuit filed by Pueblo and the Sierra Club against Colorado Springs from the Pueblo Chieftain. They write, "Colorado Springs is contending again the Sierra Club and the Pueblo County district attorney have not shown they have the legal right to sue the city for polluting Fountain Creek. 'Plaintiffs claim injury, but do not identify any specific person who has suffered injury, let alone the actual, particularized injury required by law,' the city contended in a new court filing. Colorado Springs also contended that district attorneys have no authority under state law to bring the type of lawsuit Pueblo District Attorney Bill Thiebaut filed. The city made those contentions again, using somewhat different points, in its latest effort to convince a judge to throw out lawsuits, which were filed late last year in U.S. District Court. The plaintiffs previously disputed those contentions...

"The city's contentions in the new court filing are part of its attack on the plaintiffs' legal standing to bring their lawsuits. To have legal standing, a litigant seeking court relief typically must establish having a personal stake in the litigation...

"Colorado Springs argued that citizen lawsuits under the act may be brought only for ongoing or future violations. The discharges into the creek cited in the lawsuits 'took place at different locations for unrelated reasons and do not establish an actionable pattern of ongoing violations,' the city contended. Colorado Springs also contended the lawsuits should be dismissed under a legal doctrine that says court action may not be taken against violations that already have been adjudged. The state has already adjudged the alleged violations, the city argued, but the plaintiffs have argued the doctrine does not apply. U.S. District Judge Walker Miller has given no indication about when he may decide whether to throw out the lawsuits."

"colorado water"
6:15:54 AM     


Runoff is early in 2006
A picture named upperarkansasvalley.jpg

Runoff is early and lower than expected across Colorado. Here's a report from the Colorado Springs Gazette. They write, "This year, though, runoff has been early. [Kevin Lusk, Colorado Springs Utilities' principal engineer] said that as of last week, twice as much water as last year was flowing into Twin Lakes, at the eastern foot of Independence Pass. The utility would like to see a slower, more controlled melt, because if the water rushes out of the mountains all at once, the utility's system of reservoirs and pipelines can't capture it all...

"The Twin Lakes system, which captures water east of Independence Pass, is the city's 'bread-and-butter' water collection point, Lusk said. But the city also captures substantial runoff from its Homestake system, south of Vail, and from the Blue River system, south of Breckenridge. The water is stored in a chain of reservoirs and then shipped via pipelines to a pumping station in Divide. From there, the water can be sent to Rampart Range Reservoir and the North Slope reservoirs at the foot of Pikes Peak and then on to the Mesa water treatment plant. The high-mountain diversion system supplies about 50 percent of the city's water. Pikes Peak snowmelt accounts for an additional 20 percent, and the remainder comes from the Arkansas River and water exchanges. Lusk said the utility will know by the end of June or early July how much water it has collected and must then make that quantity last all year, with reserves set aside in case of emergency. As of last week, snowpack in the local Pikes Peak collection system was 60 percent of normal, reflecting the dry conditions along the Front Range. Snowpack in the high-mountain diversion systems was at or above the historical average. But because the snow is melting faster and sooner than normal, Lusk expects the utility will capture perhaps a bit less than last year. The utility recently lowered its forecast of water yield this spring from 137,000 acre-feet to 124,000 acre-feet, about what the mountains gave the city last year. One acre-foot is 325,851 gallons."

"colorado water"
6:07:33 AM     


Unbridled growth vs. alluvial aquifers
A picture named waterfromtap.jpg

The Cherokee Water District will leave customers high and dry this summer unless they can produce more water from the Black Squirrel Basin than is allowed under water judge Dennis Maes' recent order, according to the Colorado Springs Gazette. From the article, "Cherokee Metropolitan District, which provides municipal services including water, Friday appealed a water judge's restrictions on how much the district can pump from the Upper Black Squirrel Creek Groundwater Basin. The Supreme Court decision will affect subdivisions on the drawing board in the fastgrowing area east of the city and could affect people who live or work in the area. Cherokee's board of directors, citing dry weather, on March 21 declared a 'water emergency' until more water becomes available. At Cherokee's request, the Supreme Court agreed to expedite the case.

"Cherokee provides water to about 5,250 homes and 350 businesses in Cimarron Hills. It also serves the 300-acre Claremont Ranch development under construction and other developments east of the city, primarily along Marksheffel Road. Cherokee's boundaries run roughly east of Powers Boulevard, north of Platte Avenue and west of U.S. Highway 24. Cherokee's borders extend beyond the Black Squirrel basin. Some water pumped from Cherokee's wells in the basin is exported to Cherokee users outside the basin. Because the Black Squirrel water is part of the Arkansas River drainage, many laws and regulations apply that don't affect deeper aquifers that are not tributary to river systems. District 2 Water Court Judge Dennis Maes in March put limits on how much water Cherokee can export from the Black Squirrel basin. Cherokee's appeal says Maes improperly interpreted a 1999 agreement among the metro district, the basins managers and the state water engineer...

"The Black Squirrel district in April demanded that Cherokee prove the amount of water it is exporting from the basin does not exceed the limit set by Maes. Last month, Black Squirrel's lawyers accused Cherokee of overpumping and threatened contempt-of-court proceedings against Cherokee for alleged noncompliance with Maes' order. Cherokee's court filings say the district has attempted to comply but finds Maes' order difficult to understand. Cherokee has asked the Supreme Court to allow it to continue pumping pending the outcome of the appeal. Cherokee's appeal also says the state water engineer's office changed its position about how much water Cherokee could pump from Black Squirrel basin after Cherokee had made water commitments to developers. Developers relied on the commitments to subdivisions in Cherokee's service area...

"At Cherokee's request, El Paso County officials last year voted to allow some residential and commercial projects already in progress to continue despite the state water engineer's opinion. The county allowed 12 development projects to proceed while the courts sort out the mess. The final plats for those developments have a conditional footnote warning there may not be enough water for the projects. El Paso County commissioners since March 23 have delayed development in the Cherokee Metropolitan District until the district proves it has enough water to meet its commitments for planned homes and businesses. Watering restrictions in the Cherokee district will be enforced starting Thursday, said Kip Petersen, the district's general manager. He estimated the restrictions will save 1,000 acre-feet this year - about 326 million gallons. Homes and businesses will be limited to watering two days per week, he said. Firsttime offenders would get a warning, second offenses would result in a $50 fine and subsequent offenders would pay $150, he said. Meanwhile, Cherokee is looking for water sources outside the Black Squirrel Basin. Attorneys for Black Squirrel Basin and the state water engineer have until July 3 to file a response to Cherokee's brief, and the Supreme Court will decide the case later this summer."

"colorado water"
6:00:16 AM     



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