Here comes more government intrusion! Have you heard about what’s happening to the residents of Tombstone, Arizona? The power of the feds vs people is gut-wrenching in state after state across this land…after you read about this see if you’re not as incensed as the residents must be that live in Tombstone, let alone your own emotions. Once again the feds use critters vs human beings…infuriating!

This report is via Free Beacon:

A Tombstone, Ariz., lawsuit against the federal government over the right to repair its water system will be argued in the Ninth Circuit today.

According to a Tuesday report on “Fox and Friends,” the U.S. Forest Service has prevented the town from repairing its own water line because it could harm the habitat of the Mexican spotted owl.

Tombstone lost its water source in a wildfire in 2011 and despite, as host Steve Doocy put it, there being boulders “the size of Volkswagens there,” the town could not use heavy equipment to get in and fix the water source, affecting its supply for drinking and fire trucks.

“You just can’t make this stuff up,” said Darcy Olsen, president and CEO of the Goldwater Institute, which is arguing the case on behalf of Tombstone.

“This is an unbelievable situation in Arizona,” she said. “It’s a declared state of emergency. These pipe springs have been melted, they’ve been wrapped around trees like spaghetti because of the monsoons and the people of Tombstone only have access to three out of 25 springs so they don’t even have a two-day water supply down there. So it’s imperative that the Feds get out of the way and let the people repair those pipelines.”

“These ecological extremists are everywhere, and what they are forgetting in this situation is that these pipe lines have co-existed with these animals for over 100 years, as long as the pipe lines have been there.”

Olsen said she simply wanted the courts to enforce the 10th Amendment of the Constitution, citing the example of Louisiana Gov. Bobby Jindal being held up by the federal government in the state’s efforts to protect shore lines after the 2010 BP oil spill disaster.

“No one wants to destroy the habitat, and of course the people want to protect the forest as well,” she said. “That’s our forest. I think that that’s the federal government throwing up the usual blockades. All we are asking the court here is to enforce the 10th amendment, that states and municipalities have the right to protect the public health and safety, particularly in states of emergency like this.”

You can watch the report about all of this here.

Throw in your two cents!…Fire Away – Inquiring Minds Want to Know!

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  1. Time for Civil Disobedience on the large scale. States and localities need to take their towns and cities back form Uncle Jackass and his ineffective agencies… Tell the assholes to get out of the way and fix your water system..


    Liberal buricrats have shreadded the U.S. CONSTITUTION all to appease the eco-nazis Its time to have the ESA declared UNCONSTITUTIONAL and to indruduce a few realy wild creatures to the big cities where these ignorant flalanders who donate to the eco-freaks live especialy in HOLLYWEIRD

  3. Why are they even asking? Just frakkin’ do it!

    What is it with the Feds and AZ anyway? (Rhetorical question. Don’t piss off Borat…umm…Barry?…Barak? meh. The alias line on his rap sheet has too many names…

    • They will physically jail you if you cross them. They are on site to make sure you don’t do anything.

      • Exactly! – You will be behind bars in a second flat!

        • At least they would get water in prison…

          Yes, we have no cajones,
          We have no cojones today!
          (sung to the tune of “Yes, we have no bananas.”)

          Sometimes you gotta say, WTF. Give the USFS a chance to use some of that .40 cal they’ve been storing up…

  4. This has been going on over a year, This is how an out of control Fascist President operates. He is using the Forest Service to PUNISH Arizona (our Gov Brewer) for daring to stand up to him on immigration issues, gun rights, 10th amendment rights of states.
    They are forbidden to use wheel barrows. Since Tombstone depends much on tourism, in the dry summer months water is a premium. When tourists hear of water restrictions, not even enough to fight a house fire, they are going to stop coming and more businesses will fold as he wants them to. Serves Arizona right for not kissing his ring. It wasn’t our fault we couldn’t find out which golf course he was on.

  5. Big brother via the O-Team are everywhere they can be….we’ve had problems in my neck of the woods concerning water rights too…big time.

    This is from the Dec. 2nd…so the title of the story is misleading. (this paper leans left too)…what’s out in today’s paper about this issue isn’t online yet. When it is, I’ll post it too.

  6. “According to a Tuesday report on “Fox and Friends,” the U.S. Forest Service has prevented the town from repairing its own water line because it could harm the habitat of the Mexican spotted owl.”

    Umm, the Mexican Spotted Owl? Aren’t they supposed to be in I dunno MEXICO?! Another proven case of illegal immigration. LaRaza requests Amnesty for these undocumented immigrants in 3 … 2 …

    • Lol…I was waiting for someone to go where you just did. 😉

      Btw…we all know it isn’t any critter that’s bothering anyone or anything, it’s more punishment and power for Az. via big brother/O-Team!

      • Now now BT that’s RACIST talk! At least that’s what Melissa Hyphen Perry tells me. The biggest risk to a young Mexican Spotted Owl is being a Mexican Spotted Owl, or something like that.

  7. Spurwing Plover says:

    Its a bigger crime to shoot a grizzly bear then it is to abort your ownn child or kill off grandpa

  8. Pointy End Out says:

    Time for WE THE PEOPLE to “just do it” and to prevent the federal tree huggers from preventing their LIFE sustaining water (as well as liberty & the pursuit of happiness while we’re at it…) the local 2nd amendment believers should stand guard over the workers involved. The same goes for the dams in CA that are being kept shut to prevent the much needed water from irrigating what was once one of the most fertile valleys in the U.S.

    Time to resurrect the old John Lennon line: POWER to the PEOPLE !

    BTW, AWD has now become one of my top 5 favorite websites, so I had to register and post! Great work Awesome White Dude !

    • Pointy End Out…Welcome aboard!

      Obviously I’m not AWD but since I posted this I just wanted to say thanks. – Plus, I agree with much of what you said. What they’ve done to what was once the breadbasket of the world in Ca. is a crying shame…let alone complete madness. – Using a smelter fish to carry out their total control and destruction.



  10. Spurwing Plover says:

    Wasnt there one about a pair of these owls nesting in a K-MART sign?

  11. ross livingston says:

    ya get what they vote for…sorry Tombstone

  12. Sorry Arizona, the government will now be in charge of your water rights, you no longer have a say in the matter. The government has an eye on everything you own, they are just waiting for the opportunity to seize it. There is very little water in the Southwest, it must be properly managed, by Fedzilla of course.

    PS, hope you all can find the sarcasm here. Wouldn’t want to offend anyone.

  13. One year ago I walked through the Wilderness Area in Miller Canyon and found the City of Tombstone busy bulldozing trails and operating an excavator in the streambed; work was being done to get the Miller Spring intake opened up and protected from future floods. They were successful in getting the water flowing through the pipes again, and then added Gardner Spring back into the system, a spring that had been free-flowing for the previous 30+ years.

    Tombstone received a permit for this work after they had already bulldozed the trail and started building a diversion wall in the streambed. The permit contained a Minimum Requirements Decision Guide, and required that road and trail surfaces be stabilized and rehabilitated. The roadway in question is within the Miller Peak Wilderness Area, and had been reverting to a trail ever since vehicles were banned from it in 1984.

    Revisiting the trail on November 2, 2012, I found it resembles a road, though it would be impassable to automobiles due to erosion caused by Tombstone’s failure to adhere to the requirements of their permit. Some portions are a boulder field, other areas have three-foot deep gullies. It has become quite a challenge to walk on, and will continue to erode until major work is done to divert water from the path. The dirt berm left by the dozer is one of the primary causes of the damage, as rainfall is essentially funneled down the road. Water should be removed by the use of dips or waterbars, and all edge berms should have been removed. Not done.

    A new plastic pipeline was installed from Gardner Spring to the main pipe at Miller Spring. It was buried in the center of the trail by a tractor driven another half-mile deeper into the Wilderness Area. This portion of foot-trail was also to have been stabilized with waterbars, and large rocks were to be removed from the tread. Also not done.

    What most people don’t know is that despite all the claims of how urgent and essential this water source is to Tombstone, it has been turned off for over two months now, the water being allowed to run into Miller Creek. The City of Tombstone needs to abide by the permit they received from the Forest Service, and repair the damage they have caused to the trail in Miller Canyon. Until major corrections are made, the erosion will continue. The dramatic changes can be seen in comparison photos I assembled into a PDF.

    • Leonard…

      So, I saw the pictures. Did you watch the report?

      Btw, are you for what the feds are doing vs the state?

      Just really curious where you’re coming from regarding this issue…plus, are you a greenie weenie that works for the govt on issues like this?

  14. Seems obvious to me Leonard that you side with the federal government on this.

  15. I probably should not have waded into this mess, but a lot of disinformation has been put out about this issue. Just from that report, errors include Tombstone tourism; it says 20,000/day, it actually averages around 1,200/day, but most of that occurs during major events [Helldorado, etc]. They put the population at 1,000, while it’s closer to 1,500.

    Another error states that pipes were wrapped around trees; that happened to the three-inch pipe to Gardener Spring during floods after a 1977 forest fire. That half-mile line was not repaired until this year, with plastic. Part of Tombstone’s permit requires them to remove the old pipe, not done.

    Error three states that pipes melted; in 2011 a roughly 80-foot section of the original 7-inch pipe was washed out by a debris flow from a side canyon, but until this year all pipe was steel. The pipe is not actually in the burn area, but is surrounded by it.

    The report says Tombstone only has access to 3 of 25 springs. Those are the same springs they have been using since 1977, the rest have been abandoned for a very long time. Most do not even have a pipeline to them anymore.

    Tombstone was given a permit to use tractors, but they never mention that fact in their complaining. What they have not done is clean up after themselves, having left the bladed trail to the forces of erosion. The much-publicized Shovel Brigade accomplished little on the ground. I know, I was there that day.

    My position in this is one of a person who loves the Huachuca Mountains, having hiked them for the past 36 years. I had no problem with Tombstone repairing what they had, but they turned it into a water grab, trying to get springs that have been abandoned for over 35 years. Generally, water claims that are not used for four years are considered forfeited.

    My issue is with their behavior during the rebuilding, and more importantly their neglect of the trail they destroyed. I’ll repeat the part that if this is such an urgent and essential water source, why has it been diverted to the stream for over two months?

    This is not a new issue, as a 1918 letter from the Forest Service states, “Several springs are claimed by the company (Huachuca Water Company), but under what law it is not clear.”

    • Leonard…

      I very much appreciate your insightful, polite response via your viewfinder in life…still I ask you a few questions if you don’t mind.

      Are you a greeenie-weenie that works for the fed. govt. in this realm of life? Where do you get the information that if water rights aren’t used for four years they are ‘usually’ forfeited…in what states and such, because that’s a new one on me. But most of all…what the heck does this have to do with the damned Mexican Spotted Owl via the Forest Service for the O-Team? The owls don’t have a danged thing to do with anything in the big picture…but humans do!

      • No greenie-weenie, no federal government employment. I love the outdoors, but am far from being an extremist.

        ARS 45-141 C. …when the owner of a right to the use of water ceases or fails to use the water appropriated for five successive years, the right to the use shall cease, and the water shall revert to the public and shall again be subject to appropriation. This subsection or any other statutory forfeiture by nonuse shall not apply to a water right initiated before June 12, 1919.

        That last clause is the hook Tombstone can hang it’s ten-gallon hat on, thus the “generally.” [t was five years instead of four.] ARS = Arizona Revised Statutes

        The Mexican Spotted Owls are still there, they even nested this year and successfully fledged two offspring. What Tombstone’s work has to do with the owl is that the owl is a protected species, thus their habitat is in need of protection, also. This issue had nothing to do with “the O-team” but is covered by US Forest Service policy.

        The water system that Tombstone uses is over 100 years old, and recent reports indicate that due to system leaks, it loses over 45% of the water it takes from the Huachucas. They need to repair their infrastructure, and look into drilling some wells. There is not near the same amount of water in the mountains that there was just 20 years ago, partly due to climate change but also in large part a result of major forest fires in the Huachucas that have denuded its slopes, increasing both runoff and evaporation.

        Remember those old westerns where someone would dam up a stream, and the folks downstream would go lookin’ to let the water flow? That’s basically what’s happening here…

        • Thank you once again for your response…your reply to me fills in much of how you see things.

          Btw…don’t think for one minute that I don’t know what Departments work in hand in glove with the leftist…they have have been for years in various ways for decades, including the Forest Service, Fish and Wildlife, Agriculture Dept., EPA (Duh)….and on and on.

          They all need to go…if not, they need to go back to what they were really supposed to do instead of destroying anything, anyone and everything they can with their power via the Fed. Govt. States have rights (10 Amendment)…the Feds have overreached their arms, especially this administration more-so than any…and we’re only beginning.

          Wanna bet this case may go to SCOTUS. Of course now Dear Leader will have appointments for that at the ready when some retire soon.

          In the meantime Tombstone may bite the dust just as other once thriving communities have across the NW because of this type of thing in one way or the other. – Agenda is all that matters for the Fed. Govt and power. I surmise from all your responses you agree with the Fed. Govt.

          • BT, amen, the problem is the #$%^& govt meddling where it doesn’t need to be!…This has been the problem for as long as I can remember,…all the federal “alphabet agencies” need to be severely reined in or TOTALLY eliminated,…damned communists!

            When this country degenerates into a civil war/revolution,…the greenie weenie, enviro wackos should be the first ones taken out, greenpeace, Sierra Club, etc.

        • Whoopeee for the spotted owl. They nest anywhere. They have found them in stop lights at intersections. We really had no problems here till we got that SOB Obama in office. The Feds have been damned oppressive since he arrived
          on the scene. The place is crawling with green freaks turning anyone into the forest service for anything. The Fed just needs to get the Fu8k out of peoples way. I’ve lived here 68 years and the Feds are always in the way. States need to be allowed to solve their own problems as the Feral Govt. can’t even make the USPS solvent or Amtrak. Leonard if you are from here you are stone blind to our problems and if your not from here you are one OF our problems. I have no more time for your BS, leave us. BT he sounds just like a Fed.

          • Michael, amen to you too, although I don’t live in AZ, I feel the same way as you!
            The states need to assert their authority in the 10th amendment and tell the federal govt to “go to hell” and dare them to just try to enforce their chickenshit commie laws!….Enough already for as long as I can remember.

          • Enough already is right! – I’ve past had my fill….period!


    These eco-freak totaly reject the constitution in fact one eco-freak groups wants them to ignore the constitution to get what they want which their doing today and the former leader of the AUDUBON SOCIETY one PETER BERLE has said WE REJECT THE IDEA OF PRIVATE PROPERTY and BROCK EVANS has demanded that all property be under the goverment Just like it is under SOCIALISM


    Back in 2001 in the KLAMATH BASIN they cut off the water to the farmers over two worthless trash fish and a stupid salmon this realy created a controvesy and a big backlash against the ESA and enviromentalisists. I also read that in SOUTHERN CALIFORNIA one county had to pay some four million dollars to protect some stupid fly and they delayed hospital constuction of this same stupid bug. Time to have the ESA declaired UNCONSTITUTIONAL and had it REPEALED

  18. More damage done by illegal Mexican invaders……


  19. Wasn’t it Montana that the commie feds threatened over Montanas’gun laws pertaining to guns made in their state?
    I haven’t heard what ever became of that but I think Montana basically told the feds to “go to hell”. Just more govt overreach trying to stomp out states constitutional rights.

    • Yep…it was tazz. They still are continuing on in Big Sky Country last I heard too.

      Btw…did you see this about ranchers/farmers water rights being threatened in this state as well? I have the link above somewhere…the title is misleading. – Plus…the fight is still on going.

      Here’s the link…yesterdays paper has an update, but it still wasn’t online yet last I saw.

      Nevertheless…this is in my neck of the woods.