Rick Dyer’s response re: email prompting public correction


From: Kevin G., Jackson County Observer
Sent: Thursday, August 27, 2015 10:46 AM
To: ‘Rick Dyer’ <DyerRR@jacksoncounty.org>;
‘Melissa Cano’ <melissacano@kdrv.com>
Cc: ‘Colleen Roberts’ <RobertCL@jacksoncounty.org>;
Doug Breidenthal (BreideDP@jacksoncounty.org) <BreideDP@jacksoncounty.org>
Subject: Public outraged by Commissioner Dyer’s Fielder Dam misstatement

Dear Commissioner Dyer and Melissa @ KDRV:

The natives are restless over the report on KDRV’s Newswatch 12 (8/25/2015), stating that “…the property owner initiated a process to remove the [Fielder] dam” (emphasis added); no greater false hearsay could’ve ever been aired. For the record, Rick, it was clearly stated by Waterwatch attorney Bob Hunter in May of 2013 that a lawsuit to financially threaten property owners was needed to compel their ‘compliance’ of this property takings.

We pay a king’s ransom for your commissioner’s salary, Rick, so we’ve expected your legal background to be applied to protecting public health and safety in Jackson County. By not communicating with property owners in the matter of demolishing Fielder Dam of whom you spoke, KDRV’s report of your hearsay was in direct conflict with the real parties in interest.

Debbie Crume (Rod’s wife): The property owners did NOT initiate the removal of this Dam. Rick Dyer needs to get the facts straight; he should stop trying to cover for the likes of Donald Rubinstein, Brian Barr, Scott Wright and Bob Hunter. It was Bob Hunter of Waterwatch who initiated the dam removal. The Oregon Department of Fish and Wildlife, Oregon DEQ, U.S. EPA, Army Corps of Engineers, and Jackson County government need to be held responsible for this environmental disaster.

The property owners were sued by Bob Hunter of Waterwatch and did not want the dam removed, Rick Dyer needs to get his head out of the sand along with a lot of other people ‘reporting the news.’ All agencies that signed onto this forceful action were warned of this disaster. Melissa Cano thank you for your excellent reporting, but please go out there and take some more pictures of the dry creek bed and carnage before the coming fall salmon run. Salmon are going to have to grow legs and walk the dry creek bed for hundreds of yards. All the people who want to remove all the dams and reservoirs need to start with their own reservoirs such as toilets, bath tubs, sinks. By removing this dam and so-called ‘illegal reservoirs’ according to Bob Hunter, the elk, deer, otters, beavers, ducks. geese. eagles, herons that called our reservoirs their home are gone: NO WATER! NO WILDLIFE!

Todd Crume (Rod’s son): Pictures are not even a glimpse of the carnage caused by Waterwatch – Bob Hunter and friends. I enjoyed this stretch of water for 37 years of my life. Evans Creek once teamed with life; it now wreaks of death. The Beavers, Otters, Endangered Turtles, Blue Herons, and Eagles who nested here at the Dam have lost their home! Hundreds of thousands of fish, crawdads, and frogs have lost their lives.

I’m a lover of nature and a conservationist. This slack water environment was exactly the habitat needed for the juvenile fish to grow…and they took it out. Why? Pure greed…. I’ve heard Bob Hunter was the one who made money on this very same dam for repair work back in the early eighties. There were so many reasons to leave this majestic dam:

1. Flood Control. (Let’s see now what happens to the flood levels downstream from the old Dam, when all the sediment washes down making a new raised floor, gee don’t ya think with faster water and a narrower channel water levels will be higher.
2. Habitat. Over the years I was blessed to live near this great place. Loving the outdoors, I witnessed Deer, Elk, Bear, Cougar and Coyotes and many other small and countless creatures incl. waterfowl dwelt here and used this area as their waterhole. There’s not even going to be enough water flow. Go look for yourself. You can see the water upstream about 3/4 of a mile away, disappear into the gravel and re-emerge halfway up in elevation from where the old dam face was.
3. Water Health. Lower static water levels with no dam means less well water for those who live nearby. More importantly there is the old War Eagle Mine, which was a mercury mine and also contained arsenic. Where do you think these concentrations from upstream ended up getting caught, behind the dam.

Wow, no more Dam…Hunter and friends just released all of these toxins into the drinking water of Rogue River and most of Josephine County. Goooood Job!! We can’t forget validation…One dam removal means “We must have done something right, so how many more can we take out?! How much more money can we make?” Don’t be an agreeable sheep; do your own due diligence and research.

There are many more reasons why the Dam should have been preserved; The History, The Expense, The Beauty and the simple fact that they could have put a half fish ladder at the very bottom of the fish ladder chain and this would have brought the Dam up to code…but hey, there was no money to be made that way. It is about all these 501c3 special interest groups and certain corrupt agencies that aid and abet, all holding hands while their pockets are being padded.

These Home Wreckers need to be held accountable. They are _not_ out for your best environmental interest. I wrote this because I care deeply about more than just the fish or the flood plain specifically at the dam. This decision affects and encompasses a multitude of cares and worries for us all; some just can’t understand it. One chain of events leads to another, so what will our ecological future hold? Time will tell. Lord help us.

So what would you do, Commissioner Dyer? Could you afford a defense against a $50 million Agenda 21 behemoth? Perhaps so, or perhaps you’d roll over and initiate the process for them to remove your dam? The greedy collusion between neoEnviro liars in Jackson County – sharing a modus operandi of destroying ‘pristine’ waterways in the name of “restoring fish passage” – has never been more evident.

In case you missed it, Southern Oregon Land Conservancy’s Exec. Sec. Donald Rubenstein has been and is “serving at the pleasure of the Board of Commissioners” as Administrative Hearings Officer, ordering private property owners to make way for environmental destruction or personally own all future liability of same. With your law degree, Rick, isn’t that a bribe? A tort claim? Might such legal posturing be enviro-racketeering?

Please take decisive action to break up the destructive offensive before Jackson County residents’ collective health deteriorates any further, Commissioner Dyer, and at minimum, the courtesy of a public response to retract your public misstatement about who initiated the process of removal will be appreciated

Thanks in advance.

Kevin G….
Jackson County

P.S. You’re both encouraged to get your feet out to the Fielder Dam site to examine the carnage for yourselves, then come back and report the truth, the whole truth! No more hearsay to cover up what’s really happening.

From: Rick Dyer [mailto:DyerRR@jacksoncounty.org]
Sent: Monday, August 31, 2015 11:12 AM
Subject: RE: Public outraged by Commissioner Dyer’s Fielder Dam misstatement

Hello Kevin,

To clarify the statements made in the KDRV interview…when I said the process was ‘initiated” by the property owners, I was referring to the application for a flood plain permit submitted to the county.  This was in response to the question of what the county’s role in the process was.  I did not intend to be construed as implying they wanted to have the dam removed, which I know they did not, or were the original instigators of the entire process.  I was only trying to convey that in that process the permit had to be applied for by the property owner or by someone acting on their behalf.  I understand the Keetons only entered the process because they felt compelled to by the Water Watch lawsuit.  I realize using the word “initiated” was not the best choice in that context.  I have corresponded with Mr. Keeton and apologized for the use of that term that caused their position to be misconstrued.

Rick Dyer
Jackson County Commissioner

Sent: Monday, August 31, 2015 3:06 PM
To: ‘Rick Dyer’ <DyerRR@jacksoncounty.org>
Subject: RE: Public outraged by Commissioner Dyer’s Fielder Dam misstatement

Dear Commissioner Dyer:

Thanks for your response. Perhaps the mere fact that the Keetons were coerced into the dam removal process might’ve been enough for you, as the people’s elected representative, to delve into learning more about the coercion to prevent property owners from being ‘forced’ into surrendering their property values?

Even on a selfish level, county government officials should be extremely concerned with the value reductions of properties in Jackson County, esp. those that are located near or upstream from dams (i.e. shallow wells going dry).

I believe you were elected to stand up for the people, so you might want to get out of the office and engage with constituents in need of representation a little more to eventually meet that ongoing expectation sooner.

Kevin G/Jackson County Observer

Protect Your Groundwater Day (08 Sep 2015)

California: Waterbasin-Boundary Revision’s Emergency Regulations (Comments due by 9/4/2015)

  • California’s Groundwater Update 2013: A Compilation of Enhanced Content for California Water Plan Update (4/24/2015) – 77:35 in duration
    • Waterbasin-Boundary Revision’s Emergency Regulations (5/1/2015) w/ choppy audio – 95:25 in duration… 

      The Sustainable Groundwater Management Act (SGMA) established a process for local agencies to request that the Department of Water Resources (DWR) revise the boundaries of a groundwater basin, including the establishment of a new subbasin. California’s groundwater basins and subbasins are defined in the DWR’s Bulletin 118-Update 2003 – the definitions for each is as follows:

      * A groundwater basin is defined as a three-dimensional alluvial aquifer, or a stacked series of alluvial aquifers, with reasonably well-defined boundaries in a lateral direction and a definable bottom.
      * A groundwater subbasin is created by dividing a groundwater basin into smaller units using geologic and hydrologic barriers, or institutional boundaries.

      DWR is soliciting feedback on the draft emergency regulations. Please submit comments by email to DWR at sgmps@water.ca.gov or send a hardcopy via postal mail to the following address, postmarked by September 4, 2015:

      California Department of Water Resources
      Attn: Sustainable Groundwater Management Section
      P.O. Box 942836
      Sacramento, CA 94236

Submitted Letter to the Mail Tribune Editor re: WaterWatch’s Demolition of Property Rights

On page 2 of the August 26, 2015 edition, the Mail Tribune ran an article titled “Property owners decry Fielder Dam removal.” (correct link?) I feel it’s important to draw attention to three quotes in that article. The first is a direct quote from Mr. Hunter of WaterWatch, to wit: “Certainly WaterWatch was willing to enforce the law.” WaterWatch is a 501(c)3 non-profit group and, as such, has no law enforcement authority – none.

Yet it very telling on the arrogant mindset of that organization, and Mr. Hunter in particular, to arrogate to themselves law enforcement authority. As an attorney, Mr. Hunter should know better. Drunk with power perhaps?

It is common practice for WaterWatch to bully private parties, and in some instances local governing groups, into compliance with their radical, and ill-informed agenda. On August 6, 2014 I attended a meeting of the Gold Hill Irrigation District, which had been coerced by WaterWatch into shutting off water from the irrigation district’s customers, at the peak of the irrigation season and during a drought. As in this more recent incident, WaterWatch threatened the self-financed, self-governing irrigation district with a lawsuit if they did not agree to WaterWatch’s agenda.

Second, the quote from Scott Wright is absurd, i.e., “We didn’t find anything upstream (from an abandoned mine). I don’t know why we’d find anything downstream.” Well, contaminants are not salmon – they don’t swim upstream, that’s why. So of course you didn’t find any contaminants upstream from an abandoned mine.

Those very samples he referred to were, in turn, used to facilitate approval of the (downstream) Fielder Dam removal, without performing an environmental impact statement. Worse, there is an inherent conflict of interest to have a (for profit) company, the very one contracted to perform the demolition and Mr. Wright’s employer, certify that a project will not have any negative environmental impact. That is clear evidence for just how far down the path of crony capitalism Oregon has traveled. While this pales in comparison to the $200 million fraud of the Columbia River Crossing project, it’s the same phenomena, only differing in degree.

The third, and final, quote I’d like to draw attention is again from Mr.
Hunter, casually dismissing the uncompensated damage done to the private property owners: “But this is a project with huge public benefits.” That illustrates the true agenda of WaterWatch perfectly – namely, the elimination of private property rights for the collective, plain and simple.


Terrence Schofield
Rogue River, Oregon