November 15, 2015

Researchers determine origin of mysterious stone columns along Crowley Lake

A mystery in stone

Robin Wham photographs the columns, which for decades were regarded as little more than curiosities along the eastern shore of the Los Angeles Department of Water and Power's Crowley Lake reservoir. They had been buried and hidden for eons until the reservoir's pounding waves began carving out the softer material at the base of cliffs of pumice and ash. (Brian van der Brug / Los Angeles Times)

by Louis Sahagun
Los Angeles Times


Mammoth Lakes, CA -- The strange pillar-like formation emerged after Crowley Lake reservoir was completed in 1941: stone columns up to 20 feet tall connected by high arches, as if part of an ancient Moorish temple.

They had been buried and hidden for eons until the reservoir's pounding waves began carving out the softer material at the base of cliffs of pumice and ash.

In the ensuing decades, the columns were regarded as little more than curiosities along the eastern shore of the Los Angeles Department of Water and Power reservoir, which is best known as a trout fishing hot spot about 10 miles south of Mammoth Lakes.

But now answers are emerging from a study at UC Berkeley. Researchers have determined that the columns were created by cold water percolating down into — and steam rising up out of — hot volcanic ash spewed by a cataclysmic explosion 760,000 years ago

"These columns are spectacular products of a natural experiment in the physics of hydrothermal convection," Noah Randolph-Flagg, 25, a PhD candidate and lead author of the study, said in an interview.

The blast, 2,000 times larger than the 1980 eruption of Mt. St. Helens, created the Long Valley Caldera, a massive 10-by-2-mile sink that includes the Mammoth Lakes area. It also covered much of the eastern Sierra Nevada range with a coarse volcanic tuff, or ash fall.

Randolph-Flagg said researchers not only discovered the origin of the columns but also learned a great deal about the surrounding landscape. "They have lot to tell us about what the region was like before and after the caldera exploded, and about how volcanoes can change local climate," he said.

The columns began forming as snowmelt seeped into the still hot tuff. The water boiled, creating "evenly spaced convection cells similar to heat pipes," according to the study to be presented next month in San Francisco at an American Geophysical Union meeting, the world's largest conference in geophysical sciences.

From the very first moment I laid eyes on this weird and wondrous place a year ago, I was smitten. It made me go back to school to get a master's degree in geology.
- Robin Wham, 62, a graduate student at Cal State Sacramento
Analyses by X-rays and electronic microscopes of samples of the columns found that tiny spaces in these convection pipes were cemented into place by erosion-resistant minerals.

Randolph-Flagg estimates that as many as 5,000 columns exist within a 2- to 3-square-mile area east of the lake. They appear in clusters, and are diverse in size and shape.

Many are gray, straight as telephone poles and encircled with horizontal cracks about 12 inches apart. Some are reddish-orange in color. Some are bent, or all tilting at the same angle. Still others are half-buried and resemble the fossilized backbones of dinosaurs.

Next year, the Department of Water and Power will begin ferrying students to the site as part of an "effort to further educate the public about these invaluable natural resources," said Amanda Parsons, a spokeswoman for the utility.

Edward W. Hildreth, a research geologist with the U.S. Geological Survey and expert on the history of the Long Valley Caldera and the chemistry of its tuff, welcomes the sudden interest in the columns, which can be reached by boat, on foot or by four-wheel-drive vehicles.

More analysis could help scientists better understand how quickly the columns solidified, and the chemistry and temperatures that produced their spacing, width, height and composition.

Among other researchers investigating the columns is Robin Wham, 62, a graduate student in geology at Cal State Sacramento whose proposed thesis involves mapping their precise locations and comparing their characteristics to those of similar formations in New Mexico and Mexico.

On a recent Sunday, Wham, a retired physical therapist, clambered down a steep trail with a clipboard and GPS device to double-check the coordinates of a grotto filled with columns that she likes to call "my office."

"From the very first moment I laid eyes on this weird and wondrous place a year ago, I was smitten," she said. "It made me go back to school to get a master's degree in geology."

November 9, 2015

Riders on the Storm

Democrats also use appropriations riders, despite recent protest.

Cadiz agricultural well head and pond in the Mojave Desert.

By Jim Swift
The Weekly Standard


A chorus of Democrats and activists are raising hackles about the potential of Republican policy riders being added to a year-end omnibus spending bill. Policy riders (or “limitation riders”) are the opposite of earmarks. Where the now-extinct earmark required money to be used on a certain project, a rider is a paragraph or two in an appropriations bill dictating what the money cannot be used for.

Senate Minority Leader Harry Reid told Roll Call:
"The president, Pelosi, Reid, my entire caucus has agreed to hold hands. We are not going to approve anything that has all these ideological, short-sighted, crazy ideas; to do away with women’s health, to do away with clean air, to attack Dodd-Frank and all these.”
David Goldston, director of government affairs at the environmental group National Resources Defense Council told E & E News in an interview: “on riders there’s going to be a very private, intense tussle between Democrats and Republican leaders on whether spending bills will be used to block environmental progress.”

This, Majority Leader McConnell has said, is the likely outcome: “Both sides will get into a negotiation here at the Appropriations Committee level, and at the end of the day, there will be some riders.” Reid, however, has claimed “We don’t have any riders.”

The sudden about-face on riders from Democrats may seem strange, since in recent years Democrats have repeatedly sought and successfully secured policy riders. But, this is the first appropriations season during the Obama presidency where Republicans control both chambers, so now policy riders are a bad thing, of course.

It remains to be seen how far Democrats will go in their newfound opposition to riders. Just last week, 25 Democratic senators, a majority of that caucus, wrote to the president, urging him to “reject all spending bill riders that would undermine Endangered Species Act protections…” If Reid, Pelosi, and the President insist they’re quitting policy riders cold turkey, there are likely to be some Democratic casualties.

One of the biggest winners (and perhaps hypocrites) has been California senator Dianne Feinstein, who has used her position on the Appropriations Committee to stop a planned water project in her state. Feinstein has fought the project for 15 years.

The project is called the Cadiz Valley Water Conservation, Recovery, and Storage Project. Cadiz owns 34,000 acres of land in the Fenner Valley in San Bernadino County, and below it are millions of acre-feet of water. With an acre-foot clocking in at 326,000 gallons, that’s hundreds of billions of gallons of water. Currently, the project is a combined effort by Cadiz, the Arizona & California Railroad, and a handful of water districts, like the Santa Margarita Water District.

California, as most know, is experiencing severe drought, and the project’s backers say 400,000 Californians could benefit from this water, some of which would otherwise evaporate into the thin desert air. An Environmental Impact Report, required by California’s stringent Environmental Quality Act of 1970 observes the following about the Cadiz project:

"California’s Constitution mandates maximizing the reasonable and beneficial use of water and avoidance of waste. The fundamental purpose of the Project is to save substantial quantities of groundwater that are present wasted and lost to evaporation by natural processes. In the absence of this Project, approximately 3 million acre-feet of groundwater presently held in storage between the proposed wellfield and the Dry Lakes would become saline and evaporate over the next 100 years. By strategically managing groundwater levels, the Project would conserve up to 2 million acre-feet of this water, retrieving it from storage before it is lost to evaporation.”

But even given the water emergency, Feinstein and other opponents of the project aren’t relenting.

The project was tried once before, in the early 2000s, but with a different partner: the Metropolitan Water District of Southern California. Feinstein and two House colleagues wrote to the Bush-era Interior Department to express their concerns about such use of the aquifer and its potential impact on the desert, which Feinstein, as author of the California Desert Protection Act, has taken a special interest in.

The Bush Interior Department signed off on the project, which needed government approval to “wheel” the water across a Bureau of Land Management “right of way” via a 35-mile pipeline. Feinstein and environmental allies convinced the board of the Metropolitan Water District to reject the proposal, which it narrowly did, as the LA Times reported: “with 50.25% of the board’s weighted votes in favor.”

The environmental and anti-development activists at Public Citizen crowed: "Cadiz Water Privatization Project Permanently Stopped!"

Feinstein knew the truth, though: The Cadiz project and its backers weren't going to go quietly, which is why she inserted a policy rider into the FY07 continuing resolution that blocked any funding for the project.

Only when Cadiz revised and revived the project and began to make progress with its new partners, the Santa Margarita Water District and the Arizona & California Railroad, did Feinstein expand the rider— inserted into the FY10 Interior Appropriations Bill, which became law in 2009 — to tighten the noose with this clause:

“Sec. 110. (a) Any proposed new use of the Arizona & California Railroad Company's Right of Way for conveyance of water shall not proceed unless the Secretary of the Interior certifies that the proposed new use is within the scope of the Right of Way.”

The Feinstein rider, due to her clout in Congress, has remained in effect ever since. But now, with the clarion call of the Democratic leaders for Republicans to eschew policy riders in the year-end omnibus bill, the rider is at risk.

At an Appropriations Committee hearing in July, Feinstein complained at length about policy riders. E & E News reported it this way:

"Sen. Dianne Feinstein (D-Calif.) in turn lectured Republicans for using the spending bill to block environmental policies they oppose, arguing that doing so would result in a continuing resolution or omnibus package to fund the federal government come September.”

Feinstein argued that riders were just “a member really trying to impose their will to change a law on this bill, which is essentially a numbers bill of appropriations.” She further denounced the practice writ large:

“You shouldn’t do these on appropriations bills, if you want the appropriation bills to pass in regular order. Instead, there is no change for six years. It’s either a CR or an Omnibus, maybe a few things get stuck into an Omnibus, but what kind of progress is that for the people we serve in this nation? I don’t think it’s any real progress, and so, you’ve got this enormous conflict now between both sides. And I don’t know where this takes us, because we’re not going to let an appropriations bill succeed. What kind of long term sense does it make to continue in this way? So, I want to make a call for some sanity.”

Yet, despite this impassioned plea, her rider to block the Cadiz project had been included in the Interior Appropriations bill.

When asked whether Feinstein’s Cadiz rider would make it into yet another omnibus bill, a GOP aide on the Appropriations Committee responded: “We cannot offer any insight as to the ultimate fate of this provision, but it certainly illustrates that Democrats are plenty capable of using appropriations riders to pursue policy outcomes.”

When Feinstein complained about using policy riders as leverage for Senators to “impose their will to change a law,” she spoke from experience. That’s because her rider preventing the Cadiz project helped do just that.

To get the water to its new partners, Cadiz signed an agreement with the Arizona & California Railroad (ARZC), which has a right-of-way granted pursuant to the General Right-of-Way Act of 1875. This would enable Cadiz to deposit the water into the Colorado River Aqueduct, which services numerous water districts, including that of its new main partner, the Santa Margarita Water District.

In the case of railroads on public land, many rights-of-way are governed by the 1875 act, as is the case here. The 1875 Act is also subject to the interpretation by the courts, and by the legal opinions of the solicitor of the Department of the Interior, which oversees BLM. The solicitor issues “M opinions” that are intended to provide guidance to enforcement of public laws, and one, issued in 1989 (M-36964) effectively gave the green light to the Cadiz.

Back in the 1980s, MCI (a telecom that would later become Verizon), wanted to install fiber optic communications lines on a railroad right-of-way controlled by Southern Pacific Transportation Company. The decision clarified that Southern Pacific did not need to seek BLM’s approval to allow MCI to install the cable because it, even though a commercial venture, was “not inconsistent with railroad operations" because it benefited the railroad's operations.

The prospect of this M-Opinion, which Cadiz and the railroad believe they are in compliance with, horrified Feinstein. After securing the rider in the FY10 Interior Appropriations bill, she trumpeted the achievement in a letter to former Senate colleague and then-Interior Secretary Ken Salazar.

“I write to bring to your attention language included in the FY10 Interior Appropriations bill regarding Cadiz LLC’s proposed use of the Arizona & California Railroad Right-of-Way (ROW) for a water conveyance pipeline in the Mojave Desert. I request that the Department start now to reexamine the previous administration’s position that the proposed pipeline does not require federal authorization.”

Feinstein wrote about a 2005 federal court opinion, Home on the Range v. AT&T Corp., which she claims the court “found that easements under the 1875 General Railroad Right-of-Way Act are limited to uses for railroad purposes, excluding non-rail activities analogous to the water pipeline here.”

The letter’s conclusion reinforced the ask: “I would like to request that the Department now initiate a review of its right-of-way policy regarding this project, as well as the Solicitor’s Opinion it is premised on, rather than waiting until the legislation is ultimately signed into law. It is my hope that by acting now, the Department can resolve the scope of the right-of-way promptly, rather than allowing legal questions and uncertainty to linger.”

Put another way, Feinstein went on record to say she’d hold up the project until BLM changed how it interpreted the law to her liking.

Two years after the letter was sent, the Interior Department did just what she asked, and issued M-37025, an M-Opinion from the Solicitor that withdrew the guidance provided by the 1989 M-Opinion that BLM approval was not required for activity not inconsistent with railroad operations.

The new M-Opinion provided that, in order to be within the scope of the Right-of-Way, “a railroad’s authority to undertake or authorize activities is limited to those activities that derives from or further a railroad purpose…” Only now, each activity “requires a fact specific case-by-case inquiry.”

The new M-Opinion was a setback, but still found that, in the case of MCI, its activity “furthered, at least in part, a railroad purpose…” and even that “…MCI’s line was primarily a commercial trunk line, a portion of its capacity was dedicated to the railroad.” Under the new guidance, Cadiz and the Arizona & California Railroad made their case to BLM as to why the water pipeline not only would further a railroad purpose, but would do so in a way that satisfies the underlying 1875 act itself.

In a 2013 staff memorandum to the Interior secretary, Jim Kenna, the director of the BLM in California, highlighted the design features in the water project that Cadiz and the railroad argued would further railroad purposes:

  • Fire hydrants placed along railroad tracks for fire suppression.
  • Access road to be constructed on leased area for railroad company for maintenance purposes or in case of emergencies such as rail car derailment;
  • Access to 10,000 gallons of water per day for vegetation control, washing rail cars, offices, and other contemplated improvements;
  • Access to power at meters located along the railroad tracks and emergency access to power at any location;
  • Water service for steam powered locomotives, to be used as excursion trains.
  • Right to connect and deliver water to any future water production facilities within the ROW to the pipeline and facilities.

The original 1875 act provides that the right of way is also granted for “ground adjacent to such right of way for station buildings, depots, machine shops, side tracks, turnouts, and water stations…”

The water stations Cadiz would supply are right there in the actual law. However, in a formal letter, BLM disagreed that the pipeline furthers railroad purposes. The letter is sadly comical, a Rube Goldberg exercise in futile bureaucratese.

The planned water suppression system, designed to remotely stop a disastrous trestle fire that could cripple the railroad for weeks?

“Use of water for fire suppression on creosote-treated timber is an uncommon industry practice, with dry sand being the preferred method, and thus the water-based hydrants and sprinklers, and fiber optic telemetry used to operate them do not derive from or further a railroad purpose. A BLM authorization is needed for use of fire suppression facilities along the 43 mile stretch of the ROWs that runs across BLM administered public land.”

The water stations for a steam-based tourism train? “may derive from or further a railroad purpose (emphasis added)…” but “…the excursion train’s prospective use of a small portion of the pipeline’s water does not convert the excursion train, the pipeline, or the water that runs through the pipeline into a legitimate railroad purpose.”

In other words, no, no, and… no: You have to get BLM approval now.

Except, BLM can’t even process an application from Cadiz and the ARZC even if it wanted to, as noted in a BLM memo:

“If a decision is made that the proposed use is not within the scope of the 1875 railroad ROW, such a pipeline would require a FLPMA ROW authorization from the BLM as it crosses BLM-managed lands. However, the processing of such a ROW would be prohibited this year, given the language in the 2012 Consolidated Appropriations Act H.R. 2055 118(b).”

The Cadiz project has bipartisan support in the House, as numerous Democrats and Republicans have written letters of support, and perhaps explains why the House Interior Appropriations bill does not contain the Feinstein rider.

While the BLM has shut the door to Cadiz and the ARZC’s quest to build the pipeline without their approval via an er, novel, interpretation of the law, if Feinstein’s anti-Cadiz rider isn’t included in the year-end omnibus, the project’s backers could apply for formal BLM approval. Other legal recourse, such as a lawsuit challenging BLM’s determination, is still on the table.

The question for Feinstein and Democrats is: How willing are they to part with policy riders on appropriations bills? In the coming weeks, we’ll find out, I guess, because Senator Feinstein’s office did not respond to a request for comment.

October 31, 2015

Why the BLM’s decision on the Cadiz project was the right one

In this undated file photo provided by the Metropolitan Water District of Southern California, water flows through the Southern California desert in the Metropolitan Water District's Colorado River Aqueduct from the Colorado River to the Los Angeles area. A different water conveyance project by Cadiz continues to meet resistance. (AP Photo)

Guest commentary

By Adell L. Amos and Sam Kalen
San Bernardino County Sun


Officials at the Bureau of Land Management have to make a lot of sensitive decisions. But their recent decision that a 43-mile, 7-foot diameter groundwater pipeline does not further the purpose of an 1875 railroad right-of-way should not be controversial. It is as simple as this — a water pipeline project is something different than a railroad.

Despite tremendous pressure to shoehorn a massive groundwater pipeline into a century-old railroad right-of-way, the BLM made a rational decision that the proposal was not in furtherance of the railroad’s purpose. Scott Slater, president and General Counsel of Cadiz Inc., asserts that BLM should rescind that decision.

Cadiz Inc., a Los-Angeles based company, wants to build a pipeline to carry groundwater from a fragile Mojave Desert aquifer to southern California. It’s the kind of project that calls out for careful and considered decision-making by public officials. The project could have a significant impact on sensitive desert habitat and the interests of tribes, local communities and national parks nearby. In fact, such careful review was completed under state law, though it is now undergoing appeal by project opponents.

If BLM had sided with Cadiz and determined that this new water project furthered a railroad purpose, then the project could proceed without federal environmental reviews, tribal consultations and interagency coordination that would otherwise be required.

Not surprisingly, Cadiz had a profound interest in trying to convince the BLM that its proposal — which is about transporting valuable water to thirsty urban areas in southern California — was actually about advancing the railroad’s purpose.

Ultimately, the BLM made a straightforward and common-sense determination that the water pipeline does not further a railroad purpose. This decision ensures, if the project goes forward, it will be subject to appropriate public review. Instead of criticism, the BLM ought to be commended for its responsible management of public resources in the face of tremendous pressure from private interests.

To move forward now, Cadiz will be asked to do what any private developer on federal public land is asked to do — participate in an open, public process under federal law that evaluates the various impacts of the project. That is not a controversial notion in the least. Developers on public lands, though they might prefer to avoid it, engage in this kind of review all the time.

Many opponents of the Cadiz Project worry that this attempt to locate the project in an existing railroad right-of-way was a clever sleight of hand designed to circumvent an open and public evaluation of the impacts and consequences of this project under federal law. To the extent that these concerns about the impacts are unfounded, the federal review process will bear that out.

Perhaps Cadiz worries that the federal review will shed light on what some believe to be faulty scientific assumptions about the recharge rate of the aquifer, or the irreversible environmental harm that could come from pumping 1-2 million acre feet of precious desert groundwater for 50 years, or the impact to historic, natural and cultural resources including the Mojave National Preserve, the lower 48’s third-largest national park unit. More than a decade ago Cadiz proposed a very similar project and the federal environmental review process revealed many of these concerns. Many of these concerns are also at issue in the appeal challenging the state review process.

In the end, BLM exercised sound professional judgment in a climate where water is becoming increasingly scarce and highly valuable. Some estimates put the price of the water associated with the Cadiz project at $1-2 billion. BLM is not required to advance private interests to achieve maximum profit for their investors. Rather, BLM exists to manage, for multiple and often competing purposes, the public lands consistent with all applicable laws. In choosing this course, the BLM carried out its mandate with integrity toward the process and acted as a responsible steward of the public resources it is entrusted to manage.

Adell L. Amos is Associate Dean for Academic Affairs at the University of Oregon School of Law. She is a former Deputy Solicitor for Land and Water Resources at the Department of Interior.

Sam Kalen is co-director of the Center for Law and Energy Resources in the Rockies at the University of Wyoming School of Law. He is a former Special Assistant for the Solicitor’s Office at the Department of the Interior.

October 20, 2015

Helicopter crash marks troublesome cattle roundup near Searchlight

Wild, feral, and menacing cattle of the McCullough Range near Searchlight, NV.
By Henry Brean and David Becker
Las Vegas Review-Journal


The wild remnants of one of southern Clark County's last cattle herds are now being cleared from the mountains between Henderson and Searchlight, but the work so far has not gone smoothly.

A crew of cowboys from Utah is gathering stray and feral cows from the McCullough Mountains under a contract with the Nevada Department of Agriculture.

Flint Wright, animal industry administrator for the department, said the operation started Friday and has no scheduled completion date. As of Monday, just 17 cows had been collected.

"They're essentially wild cattle, and it's going to take some time," Wright said.

The roundup hit a major snag Sunday, when a helicopter being used to find and chase cows crashed just off state Route 164 west of Searchlight.

On Tuesday, the wrecked helicopter and its pilot could still be found at a motel in the town 60 miles south of Las Vegas.

Richard Dick of Hutchinson, Kan., said he was hovering about 12 feet off the ground, trying to move a pair of stubborn bulls, when a gust of wind pushed his helicopter into a Joshua tree. The 1962-vintage Bell model 47G ended up on its side in pieces, but he walked away with bumps and bruises.

The pilot said it was his first domestic accident in 17,000 hours of flying, though he crashed three times in Vietnam.

When he climbed out the wreckage Sunday, Dick said, the bulls were just staring at him.

The cattle now being rounded up have roamed the range untended since 2006, when rancher Cal Baird relinquished his federal grazing permit and sold his water rights to the county to preserve habitat for the desert tortoise and other federally protected species.

According to the Bureau of Land Management, Baird moved most of his livestock from the 111,000-acre federal grazing allotment to Arizona, but a few stragglers were left behind.

For the past several years, officials say, those survivors and their unbranded descendants have been damaging springs and menacing people in the mountains and desert between Interstate 15 and U.S. Highway 95 south of the Las Vegas Valley.

BLM spokeswoman Kirsten Cannon said the animals are aggressive and "present a danger to the public recreating in the area."

Wright said: "We've had some complaints from people who were hunting deer and were run off by the cattle."

Baird could not be reached for comment.

Under Nevada law, unbranded stray or feral livestock are considered state property. The BLM has been asking the state to remove the unclaimed cattle from the McCullough Range for several years.

In 2013, the state rounded up and sold off approximately 30 animals, but an unknown number remain. Last year, the BLM counted about 40 unbranded cows spread across two wilderness areas west of Searchlight. Wright guessed there could 100 to 200 feral cows still out there.

He figures it would cost the state as much as $200,000 to try to collect that many animals. The Department of Agriculture has been "trying to get this deal cleaned up for a number of years," but it never seems to have the money or the resources, he said.

The animals are now being rounded up by Sun J Livestock, a ranching operation from Vernal, Utah. Wright said the ranchers aren't being paid directly, but they have plenty of incentive to do a thorough job.

"They get to keep the livestock," he said. "They'll get every cow they can."

Weekend warriors fear Washington land grab could take off-roading off the board

A group of off-roaders and others are attempting to fight a proposed designation of three national monuments in the California desert under the Antiquities Act. (Corva.org)

By Perry Chiaramonte
FoxNews.com


California outdoors enthusiasts fear Washington is poised to put up roadblocks on some of the Golden State's most treasured trails by designating three desert destinations totaling more than 1 million acres national landmarks.

The Obama administration is considering using the federal Antiquities Act to bypass the legislative process at the request of Sen. Dianne Feinstein, whose efforts to have the Mojave Trails and Castle Mountain, both in the Mojave Desert, and a section of the Sonoran Desert named federal sites were repeatedly blocked by Republicans. A White House move could put the land under federal control, which critics say could cut funding for upkeep or even restrict access.

“Bypassing the legislative process using the Antiquities Act would be as disastrous as it is undemocratic, creating winners and losers with the stroke of a pen,” said Rep. Paul Cook, R-Calif., who has sponsored a bill that bears some similarities to Feinstein's, but would ensure off-roading and mining could continue on the land. Cook’s bill would also allow the state to create water projects for wildlife conservation.

“Any time you take away the consensus of the local community they are left with something they did not ask for." - Amy Granat, California Off-Road Vehicle Association

The Mojave Trails lie in the desert of the same name in eastern California and are part of a 140-mile road that stretches from the Colorado River to Mojave River. The Sand to Snow Monument would cover 135,000 acres from the Sonoran Desert floor in Coachella Valley to the peak of Mount San Gorgonio, in the San Bernardino Mountain range. The Castle Mountains lie on the Border of Nevada and California near the famed Joshua Tree region and reach an elevation of 5,543 feet.

While the Obama administration has not said publicly if the Mojave Trails, Sand to Snow and Castle Mountain national monuments will be designated, Feinstein asked the president in August to take the action. The Antiquities Act was signed into law in 1906 by Theodore Roosevelt, and gives the president authority to create national monuments from public lands to protect significant natural, cultural or scientific features. It has been used more than 100 times, including for such landmarks as the Grand Canyon, Mount St. Helen's and a stretch of the Underground Railroad in Maryland. Given that President Obama has invoked the Antiquities Act to name 19 sites national monuments since 2009 and as recently as July, Cook and other critics have reason to believe the White House could do so again, especially at the invitation of a powerful Democratic ally.

"We don’t know what’s going to happen,” said Amy Granat, managing director of the California Off-Road Vehicle Association, which has been fighting the legislative proposals for two years. "More and more of the desert is being taken away from the people. If you look at the entirety of the desert, there has always been a no-win when the Antiquities Act has been put in place.”

Cook supports the designation, but through legislation and on terms that allow current uses to continue. He said a White House decree based on the Antiquities Act “sets in motion a Washington-based management plan" that will ultimately leave the recreational area unfunded - and unkempt.

“ ... the roads and facilities will be left to degrade to a point where public use is unsafe or impossible,” he said. “Anyone who’s read the recent reporting on the newly-created San Gabriel National Monument’s dire situation can attest to this. Use of the Antiquities Act will create more “orphan” monuments like San Gabriel, this time in the heart of the California desert.”

One example of the Antiquities Act not helping to improve an area can be seen at the San Gabriel Mountains, range of mountains located across Los Angeles and San Bernardino counties and separates the City of Angels and the Mojave. It has been just over a year since the White House designated the mountainous region as a National monument but the area has still not received any federal funding. The 970-square-mile region badly needed the funding to combat growing blight in the area, but is still plagued by garbage and vandalism. And with no federal funding in sight, the National Park Service does not have the means for proper upkeep.

Feinstein is not without support in her home state. An Antiquities Act designation for the three landmarks could actually bolster recreational activities, according to the Campaign for the California Desert.

“The point that Rep. Cook and other opponents of the monument designation are missing is that when our shared public lands are protected, it’s for the continued use and benefit of all Americans," the group said in a statement. "It is only when our public lands are sold off or leased by a developer does the public’s access to our public lands becomes restricted.”

October 16, 2015

Government takes family's land near Area 51

Historic Groom Mine overlooking Area 51
By Glen Meek and Kyle Zuelke
Las Vegas Now

LAS VEGAS -- Private land overlooking the secret base at Area 51 has officially been taken from the owners and transferred to the United States Air Force.

Last month, the U.S. Air Force condemned the Groom Mine property when the family who owns it rejected a government buyout they felt was unjust.

The I-Team broke the story of the family's fight with the government.

The Sheahan family, which until now owned the mine, knew they faced an uphill fight. They also expected the government would probably take the land through eminent domain even though the Sheahan's owned it since Abe Lincoln was in the White House.

Now -- literally with the stroke of a pen -- a federal judge has turned the land over to the U.S. Air Force. The only part of the fight left for the Sheahan family now is compensation and what will happen to the equipment, buildings, even human remains, still at the site.

In the remote central Nevada desert, the Groom mine has been an island of private property surrounded by a vast government buffer zone. The buffer zone is patrolled by security troops to prevent people from getting a look at the secret test base at Groom Lake -- better known as Area 51.

The family who owns the mine overlooking Area 51 has been at odds with the air force, which condemned the property last month, after the family declined a $5.2 million buyout.

"I have a geologist friend who I took out there, who's just a buff, and he said it is literally almost priceless," said Barbara Sheahan, Groom Mine heir. "There is so much there, not only the ore which is in the ground that can be mined, but in all the intrinsic value of what's on the land."

What's on the land includes buildings, mining equipment and the remains of kin who worked the mine since the family acquired it in the 1870s.

There's also the question of indignities suffered by the family from nearby government testing including buildings strafed by military planes and radiation drifting downwind from above ground nuclear shots in 50s and 60s.

"This has been like I said a 60-plus year nothing short of criminal activity on the part of the federal government, the AEC, Black Ops, CIA and you can go on and on," said Joe Sheahan, Groom Mine heir.

On Sept. 16, federal Judge Miranda Du signed the order in the condemnation case giving possession of the Groom Mine property to the United States government. The Sheahan's have asked for a jury trial, but the issues will be limited to how much the air force must pay for the land and the disposition of the equipment and personal property left on the site.

"There's nothing fair, there's nothing anything remotely close to that involved in this process," said Joe Sheahan.

"But there never has been either, so it's nothing new. But we would like to change it at least to get our stuff out and be paid the value," Barbara Sheahan said.

The air force made its final, $5 million offer to the Sheahan family after concluding that the security and safety of defense testing in that area made private land ownership impossible.

It the condemnation case, the air force values the land at only $1.5 million.

The Sheahan's say it's worth much more than that considering the value of the minerals in the mine, the abuses the family has suffered over decades and the land' s historical significance.

October 11, 2015

Cadiz chief to tackle desert water transfer project roadblock

Scott Slater, president and CEO of Cadiz Inc. explains the company's position that they believe the groundwater they would harvest would be lost to evaporation if left to its natural processes. (Jay Calderon/The Desert Sun)

By Jim Steinberg
San Bernardino Sun


LOS ANGELES – The CEO for embattled Cadiz Inc. has a plan to keep alive a controversial project to transfer ancient groundwater in a remote part of San Bernardino County’s Mojave Desert to parts of Orange County and other locations, where it could serve as many as 400,000 people.

In an interview late last week, Cadiz CEO Scott Slater said he would be seeking a review of the decision by the U.S. Bureau of Land Management to reject Cadiz’s proposed use of an 1875 railway right-of-way to build a critical 43-mile pipeline from the Fenner Valley — about 40 miles northeast of Twentynine Palms — to the Colorado River Aqueduct, where it could be delivered to future customers.

If that fails, he will take his battle to court, he said.

“This is pure politics,” said Slater, who is considered by many to be an expert in groundwater law and water policy.

According to a letter from the BLM, the proposed use of the railroad right-of-way for the pipeline is outside the scope of the Arizona and California Railroad’s use of right-of-way grants held under the General Railroad Right-of-Way Act of March 3, 1875.

The letter to Cadiz warns that “proceeding with new activities or continued activities ... without authorization from the BLM could result in the BLM instituting trespass proceedings.”

The ARZC, as the short-line railroad is called, has agreed to let Cadiz use its right-of-way. The railroad moves primarily petroleum across its 190 miles of track.

As part of its water project, Cadiz planned to build fire-suppression and power-generation capabilities for the railroad.

“BLM has determined that the project does not derive or further a railroad purpose,” said the letter signed by James Kenna, California BLM director, who has since retired.

For that reason, in order for the pipeline to proceed along the right-of-way, the BLM must approve that use. And for that to happen, a full federal environmental review must be completed.

Slater called the BLM’s decision an “outrage” that ignores key precedent set forth in a memorandum written in November 2011 by the top attorney for the Department of Interior, which liberalizes the definition of railroad purpose to mean that BLM permission is not needed if the purpose benefits the railroad in some way.

“Every American should be infuriated” at the way the BLM has deliberately ignored the evolution, determined by a top federal lawyer, of a law written more than 100 years before, said Slater, who is author of “California Water Law and Policy,” a two-volume treatise, and has taught law and graduate classes at Pepperdine University, UC Santa Barbara and the University of Western Australia, He also revised the water code for Western Australia.

On the other hand, David Lamfrom, director of the California Desert and Wildlife Program for the National Parks Conservation Service, said: “The Bureau of Land Management’s decision is supported law, policy and common sense and prevents a clear attempt by Cadiz Inc. to create a loophole to avoid federal review.

“The BLM has a responsibility to all Americans to fully understand the impacts this project proposes on public lands, including impacts on our water resources and national parks. This decision opens the door for good science and objective decision-makers to participate.”

Also agreeing with the BLM decision is Sen. Dianne Feinstein, D-Calif.

“I remain concerned the Cadiz project could damage the Mojave Desert beyond repair,” she said in a statement, “and believe the BLM decision to deny the right-of-way is the right one.”

“We need to use water more responsibly, not less, and the Cadiz project is a bad idea,” said Feinstein, who is attempting to include the Cadiz Valley in her proposed Mojave Trails National Monument, one of three proposed for the region.

Rep. Ken Calvert, R-Corona, said, “I have looked at the Cadiz Water Project carefully and I believe it has merit. ... I have concerns about what kind of precedent this sets for railroads across the country and the ability of an agency to deny historically protected property rights.”

Calvert is chairman of the House Interior and Environmental Appropriations Subcommittee.

The project has been approved by the San Bernardino County Board of Supervisors.

When asked about the BLM decision, 1st District Supervisor Robert A. Lovingood said, “The BLM decision will be a roadblock for the project. But this is a matter between the BLM and the company. ...”

For the past eight years, Feinstein has attached a rider to the legislation that funds the Department of the Interior, the umbrella agency for the BLM, that effectively blocks the Cadiz Valley aquifer from being drained, her office said.

Last week, Cadiz said it found out about the BLM decision through a third party.

Before the decision, Cadiz had been saying it and its public agency partner, the Santa Margarita Water District in Orange County, were on track to begin construction of the pipeline this year or early next year.

October 5, 2015

BLM decision sets back Cadiz plan to sell Mojave groundwater

The Fenner Basin, about half of which lies in the Mojave National Preserve. Cadiz Inc. hopes to sell groundwater from the Mojave Desert to Southern California users. (Katie Falkenberg)

Bettina Boxall
Los Angeles Times


Cadiz Inc.'s plans to sell Mojave Desert groundwater to Southern California communities have hit a major federal roadblock.

In a long-awaited decision, the U.S. Bureau of Land Management says Cadiz cannot use an existing railroad right-of-way for a new water pipeline that would carry supplies from the project's proposed well field to the Colorado River Aqueduct.

By using the railroad right-of-way, Cadiz had hoped to escape federal environmental review of the 43-mile pipeline, one of the project's most expensive components.

But in a letter to Cadiz on Friday, BLM's California director informed the company that it needs U.S. approval for a separate pipeline right-of-way over federal land. That would trigger review under federal environmental law, a potentially lengthy and costly process that could impose new conditions on the project.

Cadiz has acknowledged that over the long term, the project will extract more groundwater than is replenished by nature. And federal scientists have expressed concern that the operation could dry up springs vital to wildlife on the nearby Mojave National Preserve and other public lands.

"The BLM has the responsibility to objectively apply the law using the best available information to determine what rights were conveyed to the railroad under a 19th century law," BLM State Director Jim Kenna said in a statement. "Because the proposed pipeline is not within the rights conveyed to the railroad, a separate BLM authorization is necessary."

In a further complication for Cadiz, project opponent Sen. Dianne Feinstein (D-Calif.) has for years added a rider to the federal budget barring the BLM from spending money on anything related to the groundwater project. A spokesman for Feinstein said the provision "will be in there again." As long as the rider is in effect, the BLM won't have the funds to review a pipeline application.

"I remain concerned the Cadiz project could damage the Mojave Desert beyond repair and believe the BLM decision to deny the right-of-way is the right one," Feinstein said in a statement. "I'll continue to work through the Appropriations Committee to block any additional attempts to draw down this aquifer. We need to use water more responsibly, not less, and the Cadiz project is a bad idea."

In a response sent to the BLM director in Washington, Cadiz President Scott Slater on Monday argued that the agency was misinterpreting an Interior Department solicitor's opinion and should rescind the determination.

"We're disappointed the BLM decided to take a political path," Slater said in an interview. "They wholly ignore the solicitor's opinion."

The decision is technically an "administrative determination" that cannot be appealed. But Slater, a well-known water attorney, said the company would "consider all legal remedies," including a federal lawsuit. "We'll press on," he added.

Cadiz, founded by Keith Brackpool, wants to pump enough groundwater from beneath its land in the Mojave Desert to supply 100,000 homes a year and sell it to urban California at prices that could, over the project's 50-year-life, reap $1 billion to $2 billion in revenue.

The project was approved by San Bernardino County and the company has so far prevailed in environmental lawsuits challenging the proposal under state law. But opponents are appealing those rulings. And desert advocates complain the project will profit by mining groundwater that flows from beneath adjacent public lands.

"The company was trying to exploit what amounts to a loophole to avoid having to go through a more rigorous environmental review," said David Lamfrom, California desert program director for the National Parks Conservation Assn., one of a number of conservation groups fighting the project.

The BLM decision was years in the making. It hinges on a 2011 opinion by the Interior Department solicitor that railroads cannot authorize activities in their federal right-of-ways "that bear no relationship to the construction or operation of a railroad."

Cadiz argued that the water pipeline would further the purpose of the Arizona and California Railroad by providing water for fighting trestle fires and for a planned tourist steam train, as well as create additional access to the rail line.

The BLM found otherwise. "Conveyance of water for public consumption is not a railroad purpose because the activity itself is not necessary for the construction or operation of a railroad, and the origin of the activity itself is a non-railroad purpose," the agency stated in a summary document.

September 15, 2015

Gopherus Agassizii: A Cultural History of Tortoises

A juvenile desert tortoise. (Wbrice83186/Wikipedia/Crerative Commons)

The Mojave Project

Kim Stringfellow
KCET.org / Artbound


The desert tortoise has been under siege by humans long before the Mojave Desert's militarized and suburbanized landscape began to take shape here. It is known that several ancestral tribes in the Southwest consumed them, and even if they chose not to they managed to use their various parts -- the carapace or upper shell, the plastron or lower shell for bowls, scrapers and other household effects. All of the Mojave tribal groups transformed tortoise shells into rattles and drums for ceremonial use. Other tribes, such as the Chemehuevi, kept them as pets while at the same time venerating tortoises as a mythological symbol of "patience, stamina for survival, and courage in hopeless situations."1 In many world cultures, including several indigenous tribes of North America, the universe is depicted on the back of a turtle or "cosmic" tortoise. Even while sacrificed for sustenance, utilitarian or ritualistic purposes, none of these indigenous uses come anywhere close to modern anthropogenic attacks on this environmentally vulnerable indicator species.

Though not so popular as a menu item today as in the past, tortoises remain a culturally significant symbol. In Jessica Speart's 1998 fictional "eco-mystery" "Tortoise Soup," the story's main protagonist, a female U.S. Fish and Wildlife officer, is transferred out to the Mojave to unravel why 350 endangered desert tortoises have suddenly disappeared from a federal research site in Nevada. Earlier popular representations of the tortoise (not necessarily the desert tortoise) include Disney's 1934 animated fable "The Tortoise and the Hare." The moody instrumental band Tortoise states on their Twitter page: "the Thrill Jockey band from Chicago, not the land-dwelling reptile." In neighboring Twentynine Palms we even have a new Indian casino named after them.

Turtles and tortoises are also frequently featured in art. When Robert Rauschenberg and Lucinda Childs staged "Spring Training" in 1965, the performance involved 30 roving desert tortoises with flashlights taped to their backs. In August 2014, outraged online petitioners called on the Aspen Art Museum to shut down a site-specific installation by artist Cal Guo-Qiang titled "Moving Ghost Town," involving three rescued African spurred tortoises (Centrochelys sulcata) -- each with video-displaying iPads temporarily mounted on their backs with silicon. The conceptual artwork displayed film footage of three nearby ghost towns captured previously by the roaming tortoises named Big Bertha, Gracie Pink Star, and Whale Wanderer. Although the museum's website states that the project was conducted in close consultation with the Turtle Conservancy and a local veterinarian who monitored the tortoises on a weekly basis, animal rights activists and others expressed outrage that the tortoises were being used as "artist supplies." (Disclosure: I signed the petition.) The website goes on to mention that "In Chinese symbolism, tortoises represent creation, time, longevity, and wisdom; they are associated with the North direction -- that of death and rebirth... [and] are seen as supernatural spirits." The Aspen exhibit closed earlier than expected when acting veterinarian Dr. Elizabeth Kremzier decided that unseasonable inclement weather would harm them. The museum insisted in a press release that the decision was not due to outside pressure. The concerns expressed by the public for these tortoises illustrate how deeply humans often react to the welfare of these ancient and venerated creatures.

Found slightly above sea level on an elevation of about 4,200 feet in several vegetation types of the Mojave, Colorado and Sonoran deserts, desert tortoises of the American Southwest are now determined to be of two distinct species with Gopherus agassizii residing north and west of the Colorado River, whereas Gopherus morafkai is located east and south of it. As a flagship species, the current status of their populations tells us a lot about the health of the arid ecosystems. During the 1970s, hundreds of desert tortoises could be found within a square mile in some Mojave and Colorado desert habitats -- today one may find only a few dozen individuals in the same areas. Understandably, the desert tortoise has been listed as a federally threatened species since 1990.

Tortoises are commonly confused with the turtle but unlike their reptilian cousin they are a terrestrial being tied to land rather than water. When fully mature desert tortoises weigh 7 to 15 pounds and are 7 to 15 inches in length. Although it is difficult for an untrained eye to tell the gender of a particular tortoise, males are typically larger, their tale is slightly longer, and their plastrons are concave in shape compared to that of females. Breeding males also sport pronounced chin glands that secrete a sticky substance and large adult males have substantially larger and curved gular horns below their chins. Coloration ranges from greenish-tan to dark brown, and their high-dome shells are covered with a pattern of seemingly impenetrably nested plates or "scutes" that seem to suggest infinity in their repetitive design. This, along with ancient leathery skin and a pointy curved beak, suggests their prehistoric origins -- the turtle form dating back some 200 to 220 million years in the late Triassic Period. Wild desert tortoises that reach maturity may live between 25 to 50 years of age and even longer. Some captive individuals have been said to reach 100.

Typical individual home ranges cover between 25 to 130 acres, although some desert tortoises have been known to travel up to a mile away from their primary living area. Desert tortoises will dig their burrows, formed by the shape of their body, in a variety of stable, penetrable but undisturbed soils located in sandy washes to rocky foothills, using their powerful forelimbs and toenails to excavate. Known for thriving within extreme environments -- including those with recorded ground temperatures from below zero to 130 degrees Fahrenheit -- desert tortoises understandably spend up to 98 percent of their lives underground. Their robust burrows may in turn support a communal community of up to 30 species, including snakes, lizards, insects, birds, rats, mice, rabbits and foxes and, of course, other fellow tortoises -- up to 20 or more in some areas. Tortoises additionally rely on a number of temporary shallow holdouts and desert ground cover such as creosote bushes to escape the heat of the sun and to hide from numerous predators. Tortoises know their home turf intimately, having memorized various landmarks, food and water sources and other tortoise burrows, especially those of the opposite sex and often will attempt to travel back to their home territory -- no matter how far away it lies if translocated or moved.

Desert tortoises are most active from March through September, spending spring and early summer months foraging on a herbaceous diet of native annual grasses, seasonal wildflowers, forbs, various succulents and cacti flowers spotted through their perfect color eyesight. From late fall into winter they retreat and brumate deep within their winter dens. To survive through the hotter summer months with no supplemental water other than what is provided from vegetation or sporadic summer rains, the desert tortoise has remarkably evolved to concentrate and store urine for months on end in a large bladder. Additionally, it copes with the oppressive heat by entering into a state of aestivation or dormancy after the moisture-laden springtime bloom has long dried up. Sensing an impending thunderstorm, a dormant tortoise will awaken and emerge from its den and commence to dig or revisit a shallow rain catchment where it can simultaneously drink up water and eliminate its stockpiled viscous and concentrated urine in an act that strikes me as rather liberating. This necessary procedure allows the tortoise to flush toxins from the blood and eliminate concentrated salts and nitrogenous wastes from the bladder, while gaining up to 40 percent of fresh water through drinking. Because their overall survival is directly tied to their propensity to store urine during the dry summer months, a startled tortoise may void its bladder as a defensive mechanism, succumb to dehydration and die, so it is advised not to pick them up and move them if encountered in the wild.

Sexual encounters of desert tortoises begin as early as 12 years of age, although on average females begin laying eggs between 15 and 20 years. Males will mate with females when encountered during spring and autumn. Males compete with other males through a variety of aggressive behaviors, including head bobbing, biting or striking at a competing suitor's up-curved gular horn, which is an extension of its plastron. Courting males will similarly try to impress or simply bully a female by continually circling her and blocking her path, snapping at and biting her before attempting to mount her. Regardless of his aggressive advances, it has been observed that some female desert tortoises do exhibit choice during selection of a mate and it seems size does matter. Interestingly, the testosterone level of the male desert tortoise during mating season is higher than any vertebrate species, including humans. During coupling, tortoises have been observed vocalizing through extended grunts and "moaning," and the slapping movements of shell upon shell have been described as sounding like a beating drum. The sound designer for "Jurassic Park" (1993) revealed that the grunts of the clever velociraptors were created from recordings of tortoises having sex at a well-known marine park.

Once a female tortoise has mated she may rather conveniently store her donor's sperm over multiple years -- up to 15 in one instance -- and reproduce up to four years after initially mating. Females lay up to three clutches of 2 to 14 eggs per year depending on physical size and age. Nesting occurs in a shallow excavated dirt depression that may or may not be guarded by the female. Once hatched, she ceases to defend the nest. Drought and seasonal food availability greatly affects egg production and viability. Temperature seems to affect hatchling gender. Appearing as adorable diminutive versions of their parents, the hatchlings normally emerge after about 90 to 120 days, two inches in length with an intact yolk plug that supplies nourishment throughout the coming months. Although they are born mobile from the start, these extremely assailable hatchlings are susceptible to predation in that their shells take about five years to harden, making them a fairly easy target and quick meal -- a very low number will be lucky enough to reach that age if at all. Those who do reach maturity continue to be prey to an array of seemingly "natural" predators like ravens, eagles, coyotes, dogs, kit foxes, badgers, bobcats, gila monsters, roadrunners and other threats. However, mortality due to direct or indirect human-related activities remains at the top of the list.

Since 1939, it has been illegal to purchase or sell Gopherus agassizii in California. In the years leading up to the law being enacted, scores of desert tortoises were collected throughout the Mojave and shipped live to restaurants for human consumption or to the pet trade. Highway travelers could purchase tortoises as souvenirs from roadside attractions and gas stations. With the awareness that wild desert tortoises were becoming increasingly scarce, the earlier law was expanded in 1961 to protect them from "needlessly harming, taking, or shooting any projectile."

During research conducted for "Jackrabbit Homestead," I interviewed one woman whose favorite desert activity was locating and collecting desert tortoises that were kept as "pets" in a pen outside her family's 1950s era cabin located in Twentynine Palms. Occasionally, she and her siblings would "race" them against one another with competitor numbers painted across each tortoise shell. In 2013, it was "roughly estimated" that in the Las Vegas Valley alone there are up to 150,000 pet tortoises in captivity, legally cared for by "custodians" as ownership of a threatened species is illegal.2 Because desert tortoises breed very well in captivity (to the detriment of the wild population) the Nevada Wildlife Commission enacted a law in 2013 allowing the adoption of only a single tortoise per household.

Indeed, by the 1980s many areas of the Mojave showed a 90 percent decline in overall wild populations. Hardest hit is the Western Mojave where human development and its associated activities of urbanization, mining, agriculture, livestock grazing, tract home subdivisions, military land use, industrial solar/wind installations and recreational spillover from greater Los Angeles is rampant. Today, Gopherus agassizii is considered to be completely absent from the Victorville, Palmdale and Lancaster areas, other than those that are pets living captive in somebody's backyard. Notably some of the most prized habitat for desert tortoises lies in military controlled areas of the Mojave, lands within Edwards Air Force Base, the Twentynine Palms Marine Corps Air Ground Combat Center and the Army's National Training Center at Fort Irwin where extensive ground maneuvers have most likely obliterated much of the shrub cover. One study found "of sixty-two tortoises found on survey transects at Fort Irwin in 1989, forty-four were dead, and half the carcasses were found in tank tracks."3 Today, all of these military installations currently sponsor onsite desert tortoise conservation programs, due to their federally protected listing.

The person perhaps most credited with gaining protection of Gopherus agassizii under the federal Endangered Species Act is Dr. Kristin Berry, a research biologist/ecologist specializing in the species, formerly employed by the Bureau of Land Management (BLM) and currently with the U.S. Geological Survey (USGS) since 1997. Dr. Berry has been studying and championing desert tortoises since the beginning of her career in 1971. Two years into her research, Dr. Berry along with a group of concerned scientists helped designate public land in the northwestern Mojave for the Desert Tortoise Natural Area in 1973.

Dr. Berry is a slight, pretty woman with a fair-complexion. On first impression it is hard to imagine her spending endless hours in the field studying a creature that resides in some of the hottest terrain in the world. Now in her early 70s, she continues to do a fair amount of field research, but spends the vast majority of her time analyzing data and writing reports and manuscripts for publication in the air-conditioned field office of USGS in Riverside or as an honored speaker for various outreach events. Over 30 years ago, Dr. Berry began a long-term study of tortoise populations by establishing over a dozen study plots throughout the Mojave and Colorado deserts of California. About half of the plots had a sufficient number of tortoises in the 1970s and early 1980s to use for long-term monitoring. These study areas have been invaluable in determining how tortoise populations, habitats and human uses have changed over time.

She is the author and co-author of numerous short and long-term research field studies and reports, including a largely ignored 1994 Recovery Plan which many environmentalists contend would have stopped Gopherus agassizii's current population decline if its recommendations had been followed and implemented 20 years ago. Many in the conservation community consider Dr. Berry to be the authority on Gopherus agassizii. She is arguably its most persistent advocate as her efforts have kept the plight of desert tortoises in the public eye for over 40 years now.

Raised in the Western Mojave as the daughter of a physicist/mathematics expert employed at the Navy base at China Lake she developed a love for the desert at an early age, especially the reptiles of the region. After completing her master's degree at UCLA and a Ph.D. from UC Berkeley she began her long career in conservation biology. Her contributions to the California Desert Plan completed in 1980 helped lay the groundwork for an emergency California state listing of Gopherus agassizii as threatened in 1989 and its consequent federal listing in 1990 -- a contested move that temporarily shut down a glut of proposed suburban housing projects along the fringes of Las Vegas as well as the infamous 150-mile open desert Barstow-to-Vegas motorcycle race that same year.

Dr. Berry's career has not been without controversy: David Darlington's 1996 book "The Mojave" asserted that during her tenure with the BLM she tightly controlled data pertaining to Gopherus agassizii to protect the desert tortoise. Reading through several pages of unflattering comments from unidentified former colleagues I was struck by the fact that many, if not all, of these disgruntled voices were male, and I'm guessing not particularly happy that a highly focused and forceful woman was in charge. Perhaps Dr. Berry was simply granted study and monitoring funds that her detractors thought they should receive? Indeed, it was largely unheard of for the BLM to hire female wildlife biologists in this formally male-dominated agency during the 1970s and Dr. Berry was its first. The BLM's often conflicted multi-use agenda of satisfying all desert stakeholders at once further complicates many desert conservation issues.

It is unlawful to touch, harm, harass or collect a wild desert tortoise, and doing so will cost you up to $50,000 and up to one year in jail if caught. This hasn't deterred a few pathetic individuals from using tortoises for target practice. A study published in 1986 by Dr. Berry reported that between 1976 and 1982, 14 percent of 635 carcasses found at 11 long-term monitoring plots were killed intentionally from gunshot wounds. In fact, it was not unusual for a defiant off-highway vehicle driver to purposely strike and kill them out of spite while riding. Dr. Berry shared in a 2015 interview how during those early years, one off-roader relished in telling her that "he liked to hear them pop as he ran over them." In contrast, another confided that after accidentally riding over one and killing it, he had decided afterwards to never participate in the activity again. Considering the tortoise's benign character it is difficult to grasp why someone could purposely direct so much anger towards these unthreatening and stoic creatures.

More often than not, tortoises are unintentionally run over or crushed after seeking shade under a parked car by drivers who forget to look under before driving off. Even if a desert tortoise is not harmed directly, the devastation that off-roading activities reap on tortoise habitats is proven to be overwhelmingly destructive -- burrows cave in trapping them inside, native plant food sources are crushed and shrub cover providing shade and protection is destroyed.

Regardless, if one empathizes with the plight of the desert tortoise or not, most can agree that degradation, destruction and fragmentation of habitat resulting from development, agriculture practices, wildfire and off-roading activities directly impacts them. Still, less obvious are the cumulative threats that humans support indirectly. These, along with the desert tortoise's slow rate of reproduction have contributed to Gopherus agassizii's rapid decline over the last 40 years. Indirect threats include well-intended releases of captive pet tortoises into wild areas, which appear to have been responsible for introducing various catastrophic infectious ailments, including an upper respiratory tract disease (URTD), to wild tortoise populations. Livestock, where present, trample and denude habitat while inadvertently introducing invasive plants, thereby overwhelming native vegetation. These non-native species do not provide the nutritional value of the indigenous plants they have replaced.

Consequently, a good portion of prime tortoise habitat throughout the Mojave has been damaged through domesticated ruminant introduction. The issue ignited the 2014 Cliven Bundy standoff in Bunkerville, Nevada when rancher Bundy -- who stopped paying grazing fees to the federal government in 1993, while continuing to illegally graze his cattle on public land -- refused to remove them from the Gold Butte area of southern Nevada. The BLM's planned roundup of his livestock backfired when armed militia groups and individuals showed up in support of Bundy, eventually forcing authorities to release 300 of his confiscated cattle back onto public land on April 12, 2014.4

Other threats include those human "subsidized" such as the common raven (Corvus corax) -- considered by many to be highly invasive due to their alarming growth rate -- up to 1,000 percent within the Mojave since the 1970s. Ravens thrive here because they make use of our water features, landfills, illegal dumps, trash, pet food left outdoors, and even road kill for reliable sources of sustenance. As we spread further across the desert, so do the raven's numbers. During the 1980s, Dr. Berry and her colleagues documented how ravens may methodically prey on young tortoises and contribute to high juvenile tortoise mortality rates. In one study alone, one single mated pair was found, over a four-year period, to have fed on about 250 juvenile tortoises whose pecked out shells were discovered at the base of the ravens' nest and roost -- a Joshua tree. Raven perches typically are fence or utility poles common throughout the desert. Current and recent government policy on raven predation of tortoises was developed as the result of a legal settlement with the Human Society of the U.S. more than 20 years ago. Evidence that a particular raven has recently killed more than one juvenile tortoise is necessary before the raven can be removed from the location.

As Las Vegas and other desert cities spread their suburban tentacles out into the undisturbed desert so disappears valued tortoise habitat. Gopherus agassizii's threatened status has ensured that any entity wishing to legally remove desert tortoises within an area slated for development must, in exchange, finance a costly mitigation effort to offset their displacement and loss of habitat. For example, developers wishing to build in Clark County, Nevada must pay a "disturbance fee" of $550 per acre (up to 145,000 acres) for private land and $836 per acre for public land development. The collected fees are used to offset costs of slated and active conservation projects. Other developers opt for translocation under professional supervision to "complimentary" sites purchased by them for this purpose.

Ever-expanding military bases, mining operations, and more recent massive renewable solar and wind projects sited in remote desert locations including BrightSource's Ivanpah Valley facility -- considered by biologists to be prized desert tortoise habitat -- have opted to relocate large numbers of desert tortoises at a huge cost. Many earlier attempts to translocate wild desert tortoises, including a poorly designed effort at Fort Irwin in 2008, resulted in deaths of hundreds of tortoises. Although techniques for translocating wild tortoises may have improved, those managing to survive live with the possibility that they may be moved again and again if the mitigation site is not properly protected well into the future.

In another twist of fate, the former 220-acre Desert Tortoise Conservation Center located in south Las Vegas shuttered its doors in 2014 because of dwindling local and federal funding. In operation for 23 years, this "tortoise gulag" was opened and funded through mitigation developer money with the intention to house displaced wild desert tortoises, but became overcrowded with surrendered pet tortoises early on, which do remarkably well in captivity but are often carriers of infectious diseases, making them unfit to release into the wild. Taking in nearly 1,000 animals annually, the facility's operational funding dropped to a trickle after the housing bubble burst in 2008. To complicate matters, many of the interned tortoises had developed the chronic and potentially fatal URTD, and thousands were consequently euthanized according to protocol. In later years, it was determined that tortoises could recover from and still carry the disease, so the mass killings were ended. By the time the facility closed its doors, it was estimated that more than 10,000 tortoises had been released into the wild at various federal land holdings, namely Nevada National Security Site and the large-scale translocation site near Jean, Nevada. It is not known how many of the released tortoises have or will survive this recent translocated fate.

Dr. Berry and many other desert tortoise experts are understandably skeptical on whether tortoises should be uprooted from within pristine, undeveloped lands, at least until long-term scientific studies indicate that a substantial portion of translocated tortoises can survive and become established in their new homes. She and other scientists were Independent Science Advisors for California's Desert Renewable Energy Conservation Plan in 2010. The Independent Science Advisors recommended that energy site development occur on previously disturbed lands, thereby avoiding new losses of desert lands. Unfortunately, that recommendation has not been followed. Justly, the concerned public backlash against the repeated proposals to site massive "green" solar energy projects in remote, undisturbed areas of the Mojave has gained momentum, especially with the public's awareness of numerous environmental impacts caused by these types of large-scale projects. It seems that a few of the corporations bankrolling these installations are looking for alternatives.

Ideally, intact habitat solely dedicated to the desert tortoise and the ecological web it is part of is the best management strategy for Gopherus agassizii. An example of one such sanctuary is the 25,000-acre Desert Tortoise Research Natural Area (DTNA) located within the western Mojave near California City and managed by the BLM -- the area established between 1973 and 1980 with the help of Dr. Berry and her colleagues. This "Area of Critical Environmental Concern" had one of the highest densities of Gopherus agassizii per square mile with up 200 to 300 individual tortoises in some areas of the DTNA, until URTD spread across the western Mojave, taking many adults. Ravens have been responsible for inhibiting recovery by killing juveniles. However, although this site suffered catastrophic losses, a recent survey showed that tortoise densities are several-fold higher here than on adjacent federal land, designated as critical habitat for the tortoise. The fence around the DTNA has protected both tortoises and habitat from sheep grazing and off-highway vehicle recreation since 1980. The site is a two-hour drive from Los Angeles or Bakersfield. When planning a visit keep in mind that you are more likely to see active tortoises early in the day during the spring months. An array of other rich flora and fauna may be additionally viewed here too.

Notes:

1 Laird, C. "The Chemehuevis." Banning, California: Malki Museum Press, 1976.

2 Henry Brean, "New rule limits tortoises to one per home," Las Vegas-Review Journal, April 26, 2013.

3 Darlington, David. "The Mojave." New York: Henry Holt and Company, Inc., 1996. 230. Print.

4 Although a number of conservative politicians rallied to support Bundy, initially most withdrew after a video from a news conference was widely distributed in 2014 showing Bundy's racist side.

The Mojave Project is an experimental transmedia documentary by Kim Stringfellow exploring the physical, geological and cultural landscape of the Mojave Desert. The Mojave Project reconsiders and establishes multiple ways in which to interpret this unique and complex landscape, through association and connection of seemingly unrelated sites, themes, and subjects thus creating a speculative and immersive experience for its audience.

August 31, 2015

At Burning Man, pretty much anything goes

Burning Man participants visit the site's temple, which will eventually be set on fire. Visitors leave notes inside and in the walls of the structure, hoping the cleansing fire will set them free.
(Photo: Trevor Hughes, USA TODAY)

Trevor Hughes
USA TODAY


BLACK ROCK CITY, Nev. – A young woman stepped into the dusty glare of my headlights, and I realized she was topless. And pantsless.

The only thing she was wearing was a playing card strapped on by a clear rubber band around her waist.

And a giant smile.

"Welcome home!" she said. "Is this your first time?"

Yes. Yes, it is.

I'm spending the week embedded in the annual Burning Man festival, reporting on the newest tech trends, the dust storms and the luxury camps that drew criticism last year. The temporary city we've created is called Black Rock City, and for this week it will be the third-largest place in Nevada.

First-timers like me are pulled from their vehicles to celebrate. In my case, the young woman ordered me to remove my shirt and make dust angels as lights flashed and music drifted on the wind. I banged a bell as my greeters yelled "not a virgin" to mark my transition in the encampment.

Burning Man draws 70,000 people annually to the Nevada desert (God forbid you pronounce it Nevaaaaaada, by the way) for an almost-anything-goes event. A sign at the entrance warns arrivals that all laws apply, but there's a lot of people and not a lot of cops.

That's kind of the point: Organizers create and encourage a freewheeling experience in which many people take illegal drugs, and casual sex is not only common but widely condoned. Many of the themed camps seem intended to confront and then contort societal norms. But norms are reserved for the outside world, the Default World.

Here, creativity is everywhere. Elaborate sculptures reach toward the sky. Others blast flames. Endless electronic dance music pumps across the encampment as neon-lit vehicles circle. Strangers hug you without warning.

And the outfits. The outfits! This is a place for extreme personal expression in a way that might make many Americans feel uncomfortable. Here, lots of people go shirtless, and there's a fair few wearing even less than my greeter.

Media access is tightly controlled, and the organizers use copyright law to enforce the rules –-- photographers must sign a contract agreeing not to exploit people's images for personal gain. The last thing Burning Man organizers want is to see participants' images used to sell stuff.

And while it took me a whole day to notice, now I can't stop marveling at the complete lack of stuff being sold or marketed. Corporate logos on rental trucks are usually covered up or altered, and there's no one hawking, well, anything.

It's a welcome relief from the constant pressure of consumerism we face every day. Gone are the messages to buy buy buy. Instead, we're asked to simply be. (There's no official Internet provider, and mobile phone coverage is iffy.)

Don't get me wrong. Virtually everyone has spent a lot of money to be here, and spending a week requires lots of logistics. I watched as participants stocked up on cheap plastic junk in Reno, pouring millions of dollars into that city's economy while allowing Burning Man to maintain its reputation as the world's largest Leave No Trace event.

Here, the entire economy is based on the concept of gifting. People give you things out of the kindness of their heartsAND, with "gifts" ranging from the sculptures to free booze and Tantric massages.

Sunday, a young woman handed me a beaded bracelet she'd made, with each colored bead a piece of Morse code.

Unfurled, if you know how to read it, the bracelet quotes Shakespeare: "All the world's a stage, and all the men and women merely players."

And for the next week, this remote Nevada desert is the biggest stage of all.

August 30, 2015

How a 1930s water war between California and Arizona delayed Parker Dam

Parker Dam and Lake Havasu on the Colorado River in 1939. In 1922, six of seven states signed the Colorado River Compact. Upset with its allotment, Arizona refused to sign. So when Parker Dam construction began, Arizona sought to block the project. (U.S. Department of the Interior)

by Scott Harrison
Los Angeles Times


"Water war" has for decades been a term used to describe the political battles over water in the West.

But back in the 1930s, a fight between California and Arizona over water actually veered from cold war to hot war — almost.

In 1934, the Metropolitan Water District began construction on Parker Dam, which was opposed by Arizona. The resulting Lake Havasu would feed the new Colorado Aqueduct.

Before, in 1922, six of seven states signed the Colorado River Compact. Upset with its allotment, Arizona refused to sign.

So when Parker Dam construction began, Arizona sought to block the project.

In March 1934, Arizona Gov. Benjamin Moeur called up the Arizona National Guard. Six soldiers arrived in Parker, Ariz., to observe the construction.

National media, including the Los Angeles Times, ridiculed the deployment.

When an Associated Press photo appeared in the March 10, 1934, edition of The Times, the accompanying caption reported:

"Arizona Troops Leave For (Water) Front.

"Without any flare of trumpets or a band playing martial airs, this squad of Arizona National Guardsmen left Phoenix and arrived at Parker yesterday preparatory to patrolling the dam site to prevent 'encroachment' on Arizona's rights by the Metropolitan Water District. Maj. Pomeroy, commanding the detail, is shown on the extreme right."

For the next several months, the troops patrolled the Arizona side of the dam site.

In November, the construction of a trestle bridge from the California side prompted action. On Nov. 10, Moeur declared martial law. He dispatched more than 100 National Guard troops to block construction on Arizona's shore.

U.S. Secretary of the Interior Harold L. Ickes intervened and halted construction. The troops were recalled.

The resulting legal action led to an April 29, 1935, Supreme Court decision. The April 30, 1935, Los Angeles Times reported:

"Without a dissenting voice, the United States Supreme Court yesterday forced an indefinite suspension of work on Parker Dam by upholding Arizona's right to object and interfere with construction....

"Arizona officials, a dispatch from Phoenix said, hailed the decision as a victory in their battle over the Colorado River, which has been waged for twelve years.

"Gov. Moeur, who last November ordered out the Militia to stop construction, was quoted as saying he was pleased; and he and other State authorities indicated they now intend to let other sides in the controversy make the first move.

"By its far-reaching decision, the Supreme Court virtually justified Gov. Moeur's action in ordering out the troops.

"The decision, written by Justice (Pierce) Butler, assert the dam project never has been authorized by law."

Political compromises were made. Congress passed legislation allowing construction to proceed. Parker Dam was finished in 1938.

August 25, 2015

New Sheriff Overseeing Burning Man to Crack Down on Naked Rule-Breakers

The weeklong event in Nevada draws thousands of people — and their drugs

Participants walk through dust at the annual Burning Man event in the Black Rock Desert of Gerlach, Nev., on Aug. 29, 2014.

Jack Linshi
Time


A new Nevada sheriff tasked with overseeing the upcoming Burning Man festival plans to crack down on the annual desert debauchery.

Jerry Allen, 39, who was elected Pershing County Sheriff in January, said he plans to tighten law enforcement for the tens of thousands of festival-goers journeying to the remote Black Rock Desert next week for the annual event, the Reno Gazette-Journal reported on Tuesday.

In recent years, many attendees at the week long event — where nudity is the norm, drugs flow as if on tap and orgies litter the desert — have not been charged for crimes like marijuana possession, according to federal reports on the event, but the new sheriff in town said he has a tougher police protocol in mind.

“We don’t have the personnel to issue citations to 70,000 naked people on the playa, but we will be upholding the law to the best of our ability,” Allen said. He added that Burning Man “brings nothing … except for heartache” to the conservative, rural county.

Burning Man organizers said they remain optimistic because the low number of arrests in years past suggest more festival-goers are abiding by the law.

“We’ve been working with [Allen] since his election, and he’s been involved with all of the large coordination efforts,” said Burning Man spokesman Jim Graham. “It’s an ongoing process on education, but he hasn’t been out there for a few years, so he hasn’t seen the progress we’ve made in recent years.”

Burning Man will take place from Aug. 30 to Sept. 7.

August 5, 2015

Ghost Town Emerges As Drought Makes Nevada's Lake Mead Disappear

Many of the buildings used to lie 60 feet below the lake surface

A sign showing the trail to the ghost town of St. Thomas in the Lake Mead National Recreation Area, Nevada in August 2015.

Nick Visser
The Huffington Post


Lest anyone forget, the drought in California and across the Southwest is still raging on. And one of the places where its effects can be observed most clearly is Nevada's Lake Mead.

The nation's largest reservoir has hit a series of troubling milestones over the past year, sinking to a record low in late June. Now, in the latest benchmark for the new Lake Mead, a town that flooded shortly after the completion of the Hoover Dam in 1938 has literally risen from the depths.

The ghost town -- once called St. Thomas, Nevada -- was founded as a Mormon settlement in 1865 and had six bustling businesses by 1918, according to Weather.com. But for nearly a century, it's been uninhabited and uninhabitable, existing mostly as an underwater curiosity.

Captured by two Getty photographers, the photos [at the link] below show the shell of the former settlement. St. Thomas has appeared under similarly dire drought conditions several times in the past decades.

The National Park Service has opened up a pathway from a parking area down to the ruins, which you'll be able to visit for the foreseeable future. Take a look here.

The ruins of a school in Mormon pioneer town Saint Thomas, flooded 70 years ago by the rising waters of the Colorado River when it was dammed to create Lake Mead.