California Nudist Camp Charged With Stealing Water

[NakedGary]

http://www.nbcbayarea.com/news/local/Bay-Area-Nudist-Camp-Accused-of-Stealing-Water-275058221.html

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Updated 2 hours ago
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Officials in Northern California are accusing a nudist resort of stealing water during the state's historic drought.
The San Jose Mercury News reports that rangers with the Midpeninsula Open Space District descended on Lupin Lodge near Los Gatos on Thursday, saying the clothing-optional resort was illegally taking water from a nearby upstream waterfall.

[jasenj]

I thought I saw this same story last year. Is this an ongoing issue?

[Naturist Mark]

The links in the original post are to the story from last September. They probably popped up in news lists because water theft charges over the incident were filed against some people from Lupin Lodge last Thursday June 11.

Story here: http://www.mercurynews.com/bay-area-...tealing-water

[nudeM]

Only problem is, this year, the Governor began to require residents/business'/cities to reduce the amount they use or face fines. We, Kalifornians, are in a severe drought and water is bad. The part of the state I live in, agriculture is predominate. There is no water being released down the river (no snow pack) and farmers are pumping water out of the ground. So far, so good, but eventually, the ground water will be history. There are reports that areas are already sinking due to lower levels of ground water. City wells are beginning to dry up and emergency water is being used (by truck). Resident wells are having to be drilled deeper in some areas, many within a 30 mile radius of my house. We are in a dire need of water and if we don't see any type of rain soon, things will only get worse. Water theft will soon become a new target.

[Naturist Mark]

But of course this week's charges relate to an incident from last September - before the governor's new round of limitations.

My layman's analysis: The case against Lupin should not have anything to do with the current emergency restrictions - it will have to do with the incredibly arcane system of water use rights in California. Landowners do not actually own the water in streams on their own property, but historically they have acquired use rights to portions of it - primarily for agriculture, but also for other legitimate uses like residential needs and fire protection. The question ought to be if Lupin can prove that the previous owners of the adjoining property gave them rights to access that water, and if so were those rights properly terminated or not by the new owners when the property changed hands. It could very well be that the previous owners did not have clear rights to use that water, much less to grant Lupin access to it - but that would not make Lupin 'thieves' so long as they believed they had that right. The diversion could still be determined to be illegal, but it would be hard to base a felony conviction on it. Perhaps a misdemeanor.

Which is why this is not a good case to make 'an example' of anyone over water theft.