|By Marketwired .||
|October 5, 2012 08:30 PM EDT||
PLACERVILLE, CA -- (Marketwire) -- 10/05/12 -- On Tuesday, October 4, 2012, the California Court of Appeal ruled that a local irrigation district that supplies water to the Shingle Springs Band of Miwok Indians (Tribe) must seek permission from another local agency in order to continue to do so, and if such permission is not granted, the El Dorado Irrigation District (EID) and sovereign Tribe must take the matter to court for judicial relief.
However, by existing court order, so long as EID is working with the Local Agency Formation Commission (LAFCO) to remove certain water restrictions -- as it is doing -- then EID can continue to provide water service to the Tribe.
The matter involves water restrictions the LAFCO purported to impose on the Tribe when approving the annexation of its trust lands into EID's service area in 1988. LAFCO purported to restrict the amount of water the Tribe could receive to only that needed for 40 residential lots, limited governmental purposes, and no commercial purposes. The restrictions are unprecedented in that LAFCO has never before or after imposed such restrictions on an applicant for water service from EID. For its part, EID has a "first come, first serve" policy for its customers.
The United States Department of Interior, Tribe and EID all have concluded LAFCO's patently discriminatory restrictions -- targeting only the Tribe -- are illegal and unenforceable as a matter of federal law. State or local agencies cannot, without violating federal law, purport to control the land use of sovereign territory. And the original effect and intent of the water restrictions was to control the Tribe's use of its own land and ability to pursue economic development (since water is essential). The legality of the restrictions was not an issue that was before the California Court of Appeal for decision.
Without reaching that issue, the Court of Appeal ruled that EID could not just disregard the restrictions under California law, at least not without first formally applying to LAFCO to remove them.
"We were hoping the state appellate court would see the injustice of all of this, and undo it. It chose a different course," said Nicholas Fonseca, Chairman of the Shingle Springs Band of Miwok Indians. "What the judges did not know is that we tried to work with LAFCO, and ask them to remove the restrictions. That body was not interested at the time because certain people then sitting on the LAFCO were politically opposed to our effort to build a casino. Now that Red Hawk Casino is a reality, that view may have changed."
Notwithstanding the Tribe's appeal to the Court of Appeal, the United States Department of Interior and EID have been working to remove the restrictions, through a formal application to LAFCO. That application remains pending, and should be presented for formal action in December. It follows an effort by EID, the United States and the Tribe to resolve the matter informally, through entry of a Memorandum of Understanding (MOU) between the parties.
In June 2008, after the Department of Interior's Regional Solicitor had issued an opinion concluding the water restrictions were illegal and unenforceable, the Tribe and EID entered an MOU that would allow EID to provide water to the Tribe, consistent with the "first come, first serve" policy that applies to all others. In exchange, the Tribe agreed to pay the commercial rate for water (even though it is a government, entitled to a governmental rate). The Tribe also agreed to upgrade water-delivery infrastructure on the reservation, an upgrade that positively affected water pressure not only on the reservation, but within the surrounding community.
A local group opposing the Tribe's casino (Voices for Rural Living or VRL) then challenged the MOU on the ground that it violated state environmental law, in that an Environmental Impact Report (EIR) had to be prepared before more water could be provided the Tribe. The Court of Appeal disagreed with this argument, ruling that no EIR was actually required in order to comply with the California Environmental Quality Act. However, VRL also argued EID and the Tribe could not, under California law, disregard the water restrictions, without LAFCO's involvement. The Court of Appeal agreed with this argument.
For its part, while the Tribe appealed the ruling to the Court of Appeal, EID agreed to prepare another EIR to evaluate the water impacts and support its application to LAFCO to remove the restrictions. The EIR and application to LAFCO have been issued for public comment, and a hearing will likely occur this fall. In the meantime, the Superior Court already has ruled that EID can continue to provide the Tribe water so long as EID works to secure removal of the restrictions.
Prior to this EIR, the Tribe and two federal agencies had already prepared an environmental analysis evaluating the impacts of delivering water to the Tribe's gaming facility. That environmental document found that while the Tribe could truck water into Red Hawk Casino on a daily basis, the environmental impacts associated with delivering water to the Rancheria by pipe were far less impactful.
"We hope LAFCO does the right thing, and removes the restrictions once and for all," said Chairman Fonseca. "If it does not, we are confident a federal court will right this wrong, since the restrictions so clearly violate federal law, which is an issue the state court did not reach."
IoT is at the core or many Digital Transformation initiatives with the goal of re-inventing a company's business model. We all agree that collecting relevant IoT data will result in massive amounts of data needing to be stored. However, with the rapid development of IoT devices and ongoing business model transformation, we are not able to predict the volume and growth of IoT data. And with the lack of IoT history, traditional methods of IT and infrastructure planning based on the past do not app...
Jan. 20, 2017 10:45 PM EST Reads: 883
WebRTC is bringing significant change to the communications landscape that will bridge the worlds of web and telephony, making the Internet the new standard for communications. Cloud9 took the road less traveled and used WebRTC to create a downloadable enterprise-grade communications platform that is changing the communication dynamic in the financial sector. In his session at @ThingsExpo, Leo Papadopoulos, CTO of Cloud9, discussed the importance of WebRTC and how it enables companies to focus o...
Jan. 20, 2017 08:45 PM EST Reads: 4,367
"We're bringing out a new application monitoring system to the DevOps space. It manages large enterprise applications that are distributed throughout a node in many enterprises and we manage them as one collective," explained Kevin Barnes, President of eCube Systems, in this SYS-CON.tv interview at DevOps at 18th Cloud Expo, held June 7-9, 2016, at the Javits Center in New York City, NY.
Jan. 20, 2017 06:30 PM EST Reads: 5,457
The Internet of Things can drive efficiency for airlines and airports. In their session at @ThingsExpo, Shyam Varan Nath, Principal Architect with GE, and Sudip Majumder, senior director of development at Oracle, discussed the technical details of the connected airline baggage and related social media solutions. These IoT applications will enhance travelers' journey experience and drive efficiency for the airlines and the airports.
Jan. 20, 2017 05:45 PM EST Reads: 2,097
All organizations that did not originate this moment have a pre-existing culture as well as legacy technology and processes that can be more or less amenable to DevOps implementation. That organizational culture is influenced by the personalities and management styles of Executive Management, the wider culture in which the organization is situated, and the personalities of key team members at all levels of the organization. This culture and entrenched interests usually throw a wrench in the work...
Jan. 20, 2017 05:30 PM EST Reads: 1,478
In his General Session at DevOps Summit, Asaf Yigal, Co-Founder & VP of Product at Logz.io, will explore the value of Kibana 4 for log analysis and will give a real live, hands-on tutorial on how to set up Kibana 4 and get the most out of Apache log files. He will examine three use cases: IT operations, business intelligence, and security and compliance. This is a hands-on session that will require participants to bring their own laptops, and we will provide the rest.
Jan. 20, 2017 05:15 PM EST Reads: 4,958
With major technology companies and startups seriously embracing IoT strategies, now is the perfect time to attend @ThingsExpo 2016 in New York. Learn what is going on, contribute to the discussions, and ensure that your enterprise is as "IoT-Ready" as it can be! Internet of @ThingsExpo, taking place June 6-8, 2017, at the Javits Center in New York City, New York, is co-located with 20th Cloud Expo and will feature technical sessions from a rock star conference faculty and the leading industry p...
Jan. 20, 2017 05:15 PM EST Reads: 3,809
@DevOpsSummit at Cloud taking place June 6-8, 2017, at Javits Center, New York City, is co-located with the 20th International Cloud Expo and will feature technical sessions from a rock star conference faculty and the leading industry players in the world. The widespread success of cloud computing is driving the DevOps revolution in enterprise IT. Now as never before, development teams must communicate and collaborate in a dynamic, 24/7/365 environment. There is no time to wait for long developm...
Jan. 20, 2017 05:15 PM EST Reads: 3,537
A look across the tech landscape at the disruptive technologies that are increasing in prominence and speculate as to which will be most impactful for communications – namely, AI and Cloud Computing. In his session at 20th Cloud Expo, Curtis Peterson, VP of Operations at RingCentral, will highlight the current challenges of these transformative technologies and share strategies for preparing your organization for these changes. This “view from the top” will outline the latest trends and developm...
Jan. 20, 2017 04:45 PM EST Reads: 1,085
"LinearHub provides smart video conferencing, which is the Roundee service, and we archive all the video conferences and we also provide the transcript," stated Sunghyuk Kim, CEO of LinearHub, in this SYS-CON.tv interview at @ThingsExpo, held November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA.
Jan. 20, 2017 03:00 PM EST Reads: 1,656
When you focus on a journey from up-close, you look at your own technical and cultural history and how you changed it for the benefit of the customer. This was our starting point: too many integration issues, 13 SWP days and very long cycles. It was evident that in this fast-paced industry we could no longer afford this reality. We needed something that would take us beyond reducing the development lifecycles, CI and Agile methodologies. We made a fundamental difference, even changed our culture...
Jan. 20, 2017 02:30 PM EST Reads: 1,130
Things are changing so quickly in IoT that it would take a wizard to predict which ecosystem will gain the most traction. In order for IoT to reach its potential, smart devices must be able to work together. Today, there are a slew of interoperability standards being promoted by big names to make this happen: HomeKit, Brillo and Alljoyn. In his session at @ThingsExpo, Adam Justice, vice president and general manager of Grid Connect, will review what happens when smart devices don’t work togethe...
Jan. 20, 2017 02:15 PM EST Reads: 631
The 20th International Cloud Expo has announced that its Call for Papers is open. Cloud Expo, to be held June 6-8, 2017, at the Javits Center in New York City, brings together Cloud Computing, Big Data, Internet of Things, DevOps, Containers, Microservices and WebRTC to one location. With cloud computing driving a higher percentage of enterprise IT budgets every year, it becomes increasingly important to plant your flag in this fast-expanding business opportunity. Submit your speaking proposal ...
Jan. 20, 2017 01:30 PM EST Reads: 5,241
@DevOpsSummit taking place June 6-8, 2017 at Javits Center, New York City, is co-located with the 20th International Cloud Expo and will feature technical sessions from a rock star conference faculty and the leading industry players in the world. @DevOpsSummit at Cloud Expo New York Call for Papers is now open.
Jan. 20, 2017 01:30 PM EST Reads: 3,599
"There's a growing demand from users for things to be faster. When you think about all the transactions or interactions users will have with your product and everything that is between those transactions and interactions - what drives us at Catchpoint Systems is the idea to measure that and to analyze it," explained Leo Vasiliou, Director of Web Performance Engineering at Catchpoint Systems, in this SYS-CON.tv interview at 18th Cloud Expo, held June 7-9, 2016, at the Javits Center in New York Ci...
Jan. 20, 2017 01:30 PM EST Reads: 5,737